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To begin a divorce proceeding in Oregon, you or your spouse must have been an Oregon resident for at least six months prior to filing the petition of dissolution of marriage with the Oregon Circuit Court Clerk's office in the county in which you or your spouse lives. That formally begins the divorce process, but before you reach that point, considering hiring a divorce attorney to help you understand your legal rights and responsibilities.
The Divorce Process
As part of your divorce proceedings, you and your spouse must come to an agreement on several key issues, including:
- Spousal support (also known as alimony)
- The division of your property and debts
If you have minor children, you'll also have to resolve issues related to:
- Child custody
- Parenting time (also known as physical custody and visitation)
- Child support
If you, your spouse and your divorce lawyers have reached agreement on all of these issues prior to trial, you can create what's known as a stipulated judgment detailing your decisions. This document is then presented to the judge for his or her review and approval.
If you're unable to reach agreement on key issues related to your divorce, then you'll have a trial at which the judge will allow both you and your spouse to present your case (with the help of your divorce attorneys) and then make a ruling on each key issue.
Property Division & Spousal Maintenance
Under Oregon law, all property not classified as "separate" is considered "marital property" and will be divided "equitably" (but not necessarily equally). Separate property includes property acquired before the marriage and property obtained during the marriage via gift or inheritance to strictly one spouse.
The court may order alimony to be paid from one spouse to the other. There are three types of alimony in Oregon:
- Transitional support: Intended to help one person get back on his or her financial feet after a divorce
- Compensatory support: If one spouse made a major contribution to the other spouse's education or training during the marriage
- Maintenance support: Which financially assists one spouse for an indefinite period of time
Child Custody & Child Support
Oregon divorce law requires the court to make custody and parenting time decisions based on what is in the best interests of the child. Oregon courts will consider joint custody if it is in the best interests of the child.
Child support is calculated based on the earnings and income of both parents.
Find & Hire Local Oregon Divorce Attorneys
If you need help finding family law lawyers in Portland, Eugene or elsewhere in Oregon, you've come to the right website. Call Attorneys.com at 877-913-7222 or fill out the form on this page to use our free lawyer referral service, which can quickly connect you with lawyers in your area.