Best Divorce Lawyers Portland, OR Of 2024 – Forbes Advisor – Technologist

Every state follows its own distinct rules and protocols for divorce proceedings, and Oregon is no exception. In this guide, we walk you through the ins and outs of securing a divorce in Oregon. You’ll learn how the state deals with issues like child custody, visitation rights, property division and alimony.

Oregon Divorce Requirements

To initiate a divorce in Oregon, you or your spouse must have lived in the state for at least six months. The filing should take place in the county where you or your spouse currently resides. Even if just one party resides in Oregon, the court can dissolve the marriage, though it might have limitations on issuing orders regarding financial obligations or property division for the non-resident spouse.

Oregon’s statutes also allow legal separations for couples who recognize their marriages as irreparably broken but choose not to pursue a divorce due to religious beliefs or other reasons. For legal separation, the sole residency requirement is for one spouse to live in the county of filing.

Types of Divorce and Separation in Oregon

Since Oregon operates under a no-fault divorce framework, you aren’t required to prove that your spouse engaged in any wrongful behavior, such as fraud or infidelity, to initiate a divorce. The sole grounds for divorce are irreconcilable differences, meaning you and your spouse can’t get along and there’s no hope for remedying the differences.

Several options are available to you if you’re looking to divorce or separate in Oregon:

• Uncontested divorce. Your divorce is uncontested if you and your spouse agree on all terms in the petition.
• Contested divorce. If your spouse disputes any terms set out in the divorce petition, you’re looking at a contested divorce. This scenario typically requires court intervention to settle the differences.
• Summary dissolution. If you meet certain criteria, you might qualify for a summary dissolution, a simplified form of uncontested divorce. These include a marriage duration of no more than 10 years, no real property, personal property worth less than $30,000, no minor children together, marital debts under $15,000 and no pursuit of spousal support by either party.
• Annulment. In cases where your marriage is considered invalid due to factors like bigamy or incapacity to consent, an annulment can be sought.
• Legal separation. If you and your spouse wish to live apart without officially ending the marriage, perhaps due to not meeting the state’s residency requirements for divorce or due to religious beliefs, legal separation is an alternative. It allows for the formal arrangement of issues like property and custody without dissolving the marriage.

Child Custody, Support and Visitation in Oregon

If you are going through a divorce with kids, it is important to understand Oregon’s laws on child custody, parenting time, visitation rights and child support. Here is an overview of what to expect.

• Child custody decision-making. Oregon recognizes two types of legal child custody: joint and sole. Joint legal custody allows both parents to share the responsibility of making significant life decisions for their child, but it requires mutual agreement. If one parent objects, the court will not grant joint legal custody and assign sole legal custody to one parent, who will have exclusive decision-making authority. Regardless of custody type, both parents have the right to access the child’s medical, educational and counseling records, and the non-custodial parent can authorize emergency medical care if needed.
• Parenting time. Parents are encouraged to collaboratively develop a parenting plan, which is a schedule that outlines when the child will be under the care of each parent. The court will determine the schedule if an agreement can’t be reached. Oregon law also restricts relocating more than 60 miles without notifying the court or the other parent.
• Child support. Oregon calculates child support payments using a formula based on several factors, including both parents’ income, any spousal support payments, the amount of time the child spends with each parent and expenses related to healthcare and childcare.
• Visitation rights: In certain cases, grandparents may be granted visitation rights if they have established or made efforts to establish a personal relationship with the child and the custodial parent has unfairly denied them the opportunity to visit the child.

Property Division in Oregon

Since Oregon is an equitable distribution state, all assets and debts you and your spouse acquire during your marriage—including bank accounts, investment accounts, debts, jewelry, real estate and vehicles—are considered jointly owned and subject to division. However, equitable doesn’t mean equal; it means fair. The division is based on several factors, such as the length of your marriage, your educational background and your ability to earn.

A judge may order one spouse to pay the other money during or after a divorce or separation. This is known as spousal support in Oregon. Support can be a fixed amount paid monthly for a set amount of time or a lump sum payment.

Oregon recognizes three types of spousal support, and more than one type of spousal support may be applicable in your case:

• Maintenance support. This is aimed at helping a spouse maintain their living standard during the marriage. It ensures that both parties can continue to live in a manner similar to what they experienced while together.
• Transitional support. This form of support is intended to assist you or your spouse in acquiring the education or training necessary to reenter the workforce or to advance a career.
• Compensatory support. This is awarded to reimburse a spouse who has made significant financial contributions towards the other spouse’s education or career advancement. If, for example, you invested considerable effort and resources into supporting your spouse’s law school education, you might be entitled to compensatory support as a recognition of your contribution to their earning potential.

Filing and Serving Your Divorce Papers

To file for divorce in Oregon, you’ll need to complete several documents, including the Petition for Dissolution of Marriage, which you can find on the Oregon Judicial Branch website. Once you’ve filled out these forms, you should submit them to the circuit court clerk at your local county courthouse. The filing fee for a divorce petition is $287. However, if your income is low and you can’t afford this fee, you could request to have the fee waived or deferred to a later date.

After filing, the next step is to serve the divorce papers to your spouse. This can be done by a sheriff’s officer, a private process server or another adult who is 18 years of age or older, resides in Oregon, and is not directly involved in your case—meaning they’re not a party to the case, your lawyer or your employee.

If your spouse agrees with all the divorce terms outlined in the petition, they don’t need to respond. However, if they wish to contest any terms, they must file a response with the court within 30 days of being served.

Finalizing Your Divorce

In Oregon, you can finalize your divorce through one of three methods: agreement, default or trial.

• Agreement. This is the most amicable method, where both parties align on all terms of the divorce, including property and debt division, child custody and spousal support. Mediation is an option if you need outside assistance reaching an agreement without getting the court involved.
• Default. If the respondent (the party who did not file the divorce) does not respond to the divorce petition within 30 days of being served, you can request an order of default from the court. This grants you everything requested in the divorce petition by default, as the respondent is considered to have waived their right to contest the terms by not responding.
• Trial. In cases where the respondent opposes the terms outlined in the petition and files a response, the divorce may proceed to trial.

The final step in the divorce process is obtaining a general judgment of dissolution from a judge. You must complete and submit the judgment form to the court for approval. Once the judge signs it, the divorce becomes official. Oregon has eliminated the previous 90-day waiting period, so there is no mandatory waiting period once the divorce petition is filed.