OREGON DIVORCE LAWS:
The Residency Requirement: If the marriage was not performed in Oregon, one spouse must have been a resident for six months immediately prior to filing. If the marriage was performed in Oregon and either spouse is a resident of Oregon, there is no residency requirement.
Grounds: No fault: Irreconcilable differences.
Property Division: Oregon is an equitable distribution “hotchpot” state. This means the court can divide any and all property owned by the parties, however and whenever acquired, in an “equitable” manner, i.e., fairly as the circumstances dictate. There is a presumption that the spouses contributed equally to the acquisition of the property, unless proven otherwise (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: The court may award alimony to either spouse. Oregon has separate considerations for what it calls transitional spousal support (during the separation), compensatory spousal support (in return for help in tuition, building a business, etc.), and spousal maintenance (which may be needed for a long-term marriage, where one party has no marketable skills. Oregon is a true no-fault state in that fault can not even be introduced in allotting alimony or dividing assets. A spouse in Oregon is also entitled to continue health insurance under the other party’s policy for a period of time. (see Oregon statute 107.092)
Child custody and child support: As in all states, the court awards child custody based on “the best interests of the child.” The court may order joint custody, but only if both parents agree.
Oregon child-support guidelines use an income-shares model: the total obligation is divided between the mother and father according to their incomes. These are rough estimates.
For a combined gross monthly income of:
- $2,000, support for one child is $251; for two children, $502; for three children, $531.
- $5,000, support for one child is $664; for two children, $953; for three children, $1,095.
- $10,000, support for one child is $1,088; for two children, $1,566; for three children, $1,834.
Oregon has an on-line child support calculator that can help you determine child support in your case.
(click the following for an expert's overview and a list of articles on child custody and child support).
The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.