Oregon Divorce & Separation

Oregon is like every other state in that it has a unique set of laws and rules governing separation and divorce procedures. It’s not uncommon to have a number of questions pertaining to these laws as they specifically relate to the state of Oregon. What are the legal requirements for getting a separation or divorce in Oregon? Are simplified divorce proceedings available in Oregon? Is mediation a requirement before you can get an Oregon divorce? What is Oregon law on annulments? Find the answers to your Oregon divorce questions here.

Oregon Legal Separation:

A party must be a resident of Oregon at the time the suit for legal separation is filed, and the court will fix the length of time of the separation in its judgment. The court may also convert a separation into a divorce at any time within two years after the entry of its judgment for separation. This can be done at the request of either party.

Grounds for Divorce/Fault’ No Fault:

Oregon has both fault and no-fault grounds for divorce. The standard basis for a no-fault divorce is’irreconcilable differences.’ On the other hand, fault-based grounds must be considerably more specific, including fraud, duress, or either party being underage.

Residency/Where to File for Divorce:

Parties may file for divorce in Oregon if the marriage took place in the state and either party has been a resident of the state for at least six months before filing the divorce petition. The petition can be filed in a county where the petitioner or the respondent resides.

Availability of Simplified or Special Divorce Procedures:

Parties may file for a summary dissolution of their marriage if they meet several qualifications, including:

1. Residency requirements are fulfilled;
2. There are no minor children;
3. Marriage is not over 10 years in length;
4. Neither party owns real estate;
5. Few unpaid debts by either party;
6. Low value of any personal property owned by spouses; and
7. Rights to spousal support are waived.

There are some additional procedural requirements involved in simplified divorce proceedings, so be sure to check with a divorce attorney, or review the Oregon code.

Oregon Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Oregon:

A mediation session may be called to resolve matters that are still contested but will ultimately be solved with less acrimony in a mediation setting than a litigation environment. Where children are involved, any mediation session that is held will focus on the welfare of those children, despite the parents’ differences.

Oregon Annulment:

Annulment in Oregon differs from divorce or legal separation proceedings in that the annulment declares the marriage to have been invalid, such that it never properly existed in the first place. Thus, getting a separation or divorce becomes unnecessary. Annulments are granted under a very limited set of circumstances: failure of a party to give voluntary legal consent at the time of the marriage ceremony (because of force, fraud, either party being under the age of18, suffering from mental illness, being under the influence of drugs or other incapacitating substance), bigamy, or incest.

Oregon Divorce/Child Support/Child Custody Lawyers:
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How a Family Lawyer Can Help

Oregon Divorce Laws: Click below to find the Oregon Divorce laws you’re looking for:
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Case Studies: Divorce and Separation in Oregon

Case Study 1: John and Sarah’s Legal Separation

Explore the legal requirements for John and Sarah as they file for a legal separation in Oregon. The court determines the length of separation, and the possibility of converting it into a divorce is discussed.

Case Study 2: Fault vs. No-Fault Grounds – Mark’s Dilemma

Mark faces a dilemma as he considers filing for divorce in Oregon. We delve into the grounds for divorce, including “irreconcilable differences” as a no-fault basis and specific fault-based grounds such as fraud or duress.

Case Study 3: Residency and Filing – Sarah’s Situation

Sarah wants to file for divorce in Oregon but is unsure about the residency requirements. We explain that the marriage must have taken place in the state and that either party must have been a resident for at least six months.

Case Study 4: Simplified Divorce – John and Mark’s Options

John and Mark are seeking a simplified divorce procedure in Oregon. We outline the qualifications they need to meet and the additional procedural requirements involved in obtaining a summary dissolution of their marriages.

Case Study 5: Mediation for Child Custody – Sarah’s Experience

Sarah finds herself in a child custody dispute during her divorce. We explore the benefits of mediation sessions in resolving contested matters, with a focus on the welfare of the children involved.

Case Study 6: Annulment in Oregon – John’s Unique Circumstances

John faces unique circumstances that may warrant an annulment instead of a divorce in Oregon. We discuss the limited set of circumstances under which annulments are granted, including issues related to consent and legal capacity.