Oregon Divorce Laws 3

In: Oregon

Divorce Law Basics in the State of Oregon

Also See: Oregon Marriage Laws

Statute: Oregon State Divorce Code (Volume 3, Chapter 107): leg.state.or.us No-Fault Grounds:

  • Irreconcilable differences

At-Fault Grounds:

  • Inability to enter into a contract of consent because of age or sufficient understanding
  • When the consent to marry was obtained by force or fraud

Residency: Either party must be a resident of the state for at least 6 months prior to filing or the marriage must have taken place in the state and either party is a resident at time of filing.

Legal Separation Recognized? Yes; one party must be a resident at the time of filing and the separation will be granted for a specified period of time. At the expiration of such time, the order of separation shall have no further effect unless either party petitions for divorce within two years after the entry of a separation decree. In this instance, the court may convert the order of separation into a decree of divorce.

Counseling Requirements: The court shall require the parties to attend parenting education classes if a minor child is involved.

Property Distribution: Oregon relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own.Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault is not a consideration.

Alimony: Alimony may be awarded to either party at the discretion of the court.

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