Oregon Divorce Laws- Dissolution of Marriage

Oregon Child Custody

Oregon courts will make determinations and orders for child custody based on the best interests and welfare of the child. Courts permit parents to attempt to put together a Parenting Plan, Child Custody Schedule or Child Visitation Schedule. Should that effort fail, the court will impose its own plan. in either case, in determining the best interests and welfare of the child, the court will consider the following:

	The emotional ties between the child and other family members;
	The interest of the parties in and attitude toward the child;
	The desirability of continuing an existing relationship;
	The abuse of one parent by the other;
	The preference for the primary caregiver of the child;
	The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
	In determining custody of a minor child will consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child;
	No preference in custody shall be given to the mother over the father for the sole reason that she is the mother, nor will any preference be given to the father over the mother for the sole reason that he is the father;
	An order or judgment providing for the custody, parenting time, visitation or support of a child will include provisions for:
	Payment of uninsured medical expenses of the child;
	Maintenance of insurance or other security for support; and
	Maintenance of a health benefit plan for the child under age 18.
	Should the court award sole custody to one parent, the other parent will be entitled to the same rights as the custodial parent to:
	review and receive school records and to consult with school staff concerning the child's education
	have full access to governmental agency and law enforcement records concerning the child
	have access to any person providing care or treatment to the child
	authorize any medical personnel to care for the child in the absence of the custodial parent

Oregon divorce laws require that the parents agree to and file a parenting plan; one acceptable to the court. A detailed plan will include:

	day-to-day schedule for the child
	Decision-making and responsibility
	Weekends, including holidays, and other days the school may close
	Holiday, birthday and vacation planning
	Electronic access
	Information sharing and access
	Relocation of parents
	How and when the child gets transported
	A means for resolving disputes

Visitation
Co-Parenting

Parties to a separation or dissolution (divorce) have the ability to craft a Visitation Schedule or a Parenting Plan that addresses both parents' needs. Should there not be an agreement between the parties, the court will impose its own visitation schedule. In either case, one would expect the following issues resolved in a visitation agreement: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

If you and your spouse can agree on a Parenting Schedule, leave nothing to interpretation. Be as specific as you can including the right language in your agreement. How is the decreed custody terminology defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time?

How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.   

Spousal Support
Alimony
Maintenance

The court may approve an agreement for the entry of an order for the support (alimony) of a party. In making the spousal support order, the court will designate one or more categories of spousal support and will make findings of the relevant factors in the decision. The court may order:

Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:

	The duration of the marriage;
	A party’s training and employment skills;
	A party’s work experience;
	The financial needs and resources of each party;
	The tax consequences to each party;
	A party’s custodial and child support responsibilities; and
	Any other factors the court deems just and equitable.

Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances.

The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:

	The amount, duration and nature of the contribution;
	The relative earning capacity of the parties;
	The extent to which the marital estate has already benefited from the contribution;
	The tax consequences to each party; and
	Any other factors the court deems just and equitable.

Grounds For Divorce

A judgment for the annulment or dissolution of a marriage may be rendered for the following grounds for divorce):

	When either party marriage was incapable of sufficient understanding or legal age;
	When the consent of either party was obtained by force or fraud;
	Irreconcilable differences which have caused an irremediable breakdown of the marriage.

Marriage Annulment
Marital Annulment

A judicial decree of marriage annulment (sometimes referred to as a marital annulment) cancels the marriage, almost as though it never occurred. Many people incorrectly believe that annulment is available when the marriage is of very short duration or if the parties have not yet consummated the marriage. An annulment is the ending-up of an already void marriage. Under Oregon divorce law you must meet one of the following narrow qualifications in order to be eligible for an annulment:

	Fraud or Duress- According to Oregon annulment laws, entering a marriage under duress or threat is a valid annulment ground. The same holds true for fraud or misrepresentation. In these claimed situations, petitions for Oregon annulment will be legal,
	Mental Illness- When your spouse is mentally ill, be it partially or completely, you can obtain an annulment under Oregon annulment laws,
	Underage Marriages- Children getting married are grounds for annulment and
	Physical Infirmity- Unable to consummate the marriage.

Mediation
Marriage Counseling

In a domestic relations suit, where it appears on the face of one or more pleadings, appearances, petitions or motions, the court may refer the matter for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing. The purpose of the mediation is to assist the parties in reaching a workable settlement of the contested issues instead of litigating those issues before the court. Marriage counseling isn't ordered but should be considered in most cases.     

Legal Separation
Marital Separation

Oregon is a "no-fault" state, which means that a judgment of legal separation (or marital separation) will be granted even if one party doesn't wish to be legally separated. A legal separation would continue your married status and protect your legal, financial, social or religious interests. Legal separation can be granted for a limited or unlimited period of time. A legal separation in Oregon requires the parties to petition the court with the same process as a dissolution (petition, service, etc.). A legal separation is a court order that details who gets the children, who pays support for the children and how much, whether spousal support (alimony) is ordered, and who gets what marital property and debt. You might want a legal separation if your religious beliefs prohibit divorce, if you or your spouse have not lived in Oregon long enough to file for divorce, or if one of you needs to be covered by the other's medical insurance. A legal separation costs about the same as a divorce. Filing for legal separation does not prevent a divorce from being filed, however. If you are interested in knowing how to file for legal separation, know that it is essentially the same process and forms that filing for dissolution requires, except that you aren't asking the court to end the marriage; just the relationship in all ways including financially. Your local Clerk of Courts can guide you if needed.

The main difference between dissolution of marriage and legal separation proceedings is that after a    judgment of separation the parties remain married for all purposes including eligibility for health insurance. A legal separation may be converted to a divorce anytime before the expiration of two years from the entry of a judgment of legal separation with no extra filing fee. A legal separation may be converted to a divorce later than two years after the judgment of legal separation but you will have to pay another court filing fee.

Waiting Period

Waiting period in dissolution suit; waiver. No trial or hearing on the merits in a suit for the dissolution of a marriage will be had until after the expiration of 90 days from the date of

	The service of the summons and petition upon the respondent; or
	the first publication of summons.

Grandparents Rights

Grandparents may petition the court either during or after the divorce proceeding for visitation rights. The courts may consider the following when awarding visitation rights:

	each party’s interest in and attitude toward the child;
	desirability of continuing existing relationships; and any abuse of one party by the other.

Conduct and lifestyle are only considered if it is causing or may cause emotional or physical damage to the child.      

Divorce Settlement
Distribution of Assets

Parties have the option of reaching a divorce settlement of marital assets and debts, and if they are unable or unwilling to, the court will divide them by virtue of Oregon being an equitable distribution state. As such, courts will separate assets brought into (or lawfully segregated) the marriage, and then divide the marital assets equitably although not necessarily evenly. The court considers the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. Looking for a rapid divorce process? Do you both want out quickly? It's called a summary dissolution. A marriage may be dissolved by the summary dissolution procedure when all of the following conditions exist at the time the petition was filed:

	There are no minor children born to the parties or adopted by the parties during the marriage. There are no children over age 18 attending school either born to the parties or adopted by the parties during the marriage. There are no minor children born to or adopted by the parties prior to the marriage.
	The wife is not now pregnant,
	The marriage is not more than 10 years in duration,
	Neither party has any interest in real property wherever situated,
	There are no unpaid obligations in excess of $15,000 incurred by either or both of the parties from the date of the marriage,
	The total aggregate fair market value of personal property assets in which either of the parties has any interest, excluding all encumbrances, is less than $30,000,
	The petitioner waives any right to spousal support,
	The petitioner waives any rights to pen dente lite orders,
	The petitioner knows of no other pending domestic relations suits involving the marriage in this or any other state.

Residency Requirements

If the marriage occurred in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, Oregon divorce laws provide that a suit for annulment or dissolution may be maintained where the ground is alleged to have taken place. When the marriage did not occur in this state or when any ground is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior to the filing.