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Home | Family Law | Divorce

Oregon Divorce


An Oregon divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of an Oregon divorce , the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate property assets and debts. LegalZoom can assist you in the document preparation and filing for your Oregon divorce without the expense of an attorney.

Types of Divorce in Oregon

Summary Dissolution

Summary Dissolution in a type of divorce in Oregon without a hearing. This speedy dissolution is available to cases with limited issues. This option may be available if all of the following statements are true for the Petitioner and Respondent spouses:

?        Residency. You or your spouse are residents of Oregon and have been so for the past six months before filing the petition for dissolution.

?        Length of Marriage. You have been married to your present spouse no more than ten (10) years.

?        Children. You and your spouse have no minor children (under 18) born to or adopted by you and your spouse during or before the marriage. You and your spouse do not have any children age 18 years or older attending school. The wife is not pregnant.

?        Real Property. Neither you nor your spouse owns any interest in real property (land or buildings) in Oregon or elsewhere. (Mobile homes on rented land are not real property.)

?        Personal Property. The personal property that you and your spouse own, individually or together, is worth less than $30,000 after deducting any money you owe on that property (like a car loan).

?        Debts. There are no unpaid debts greater than $15,000 incurred by either spouse from the date of the marriage.

?        Spousal Support. Petitioner spouse gives up all rights to spousal support (alimony).

?        Temporary Orders. Petitioner spouse gives up all rights to any temporary orders (such as support payments or exclusive use of marital property) except restraining orders and orders that allow exclusive use of the residence under the Family Abuse Prevention Act or under the Elder and Disabled Person Abuse Prevention Act.

?        Other Divorce Actions. Petitioner spouse is not aware of any other pending (not yet decided) divorce, annulment, or separation proceedings involving your marriage and filed in Oregon or in any other state.

A ?traditional? Dissolution (divorce) of Marriage is available when Petitioner and Respondent spouses don?t qualify for a Summary Dissolution.

Alternatives to Divorce in Oregon

A legal separation is not a divorce in Oregon. It can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. The grounds for legal separation (separation from bed and board) in Oregon are irreconcilable differences between the spouses which have caused the irretrievable breakdown of the marriage. The spouses may enter a separation agreement to live apart for at least 1 year. At least one of the spouses must be a resident of Oregon when the action for legal separation is filed. The legal separation may be filed for in a county where either spouse lives.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The person seeking the annulment has the burden of proving to the court that one of the conditions of nullity has been met in order to have the annulment approved. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion.

 
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