Divorce Guide

Divorce Guide

Oregon Divorce Rights

Oregon divorce rights require a person to be a resident of the state for a period of six months, in order to file a petition for the dissolution of the marriage. Parties can also file the petition in the circuit court of the county concerned if it is discovered that the marriage of the spouses took place in Oregon. Petition could be filed in the county where the petitioner resides or the county where the respondent resides.

Grounds for filing a divorce case in Oregon

All the petitions filed in the court should mention the appropriate grounds on the basis of which the petitioner seeks the divorce. Oregon divorce rights divide these appropriate grounds in two different categories. These categories are No-Fault and Fault categories. Any differences which are considered irreconcilable by the court and when any scope of reconciliation is found distant, the court considers it the No-fault ground of seeking the divorce.

The fault grounds on the other hand are sought when either of the parties has obtained the consent of the other party by force or by fraud. In any case the court shall not initiate the trial or the hearing of the case before the expiration of ninety days of serving the notice to the respondent. Oregon divorce rights recognize petitioner to be a spouse who files the petition for the divorce. Respondent is however the not filing spouse who receives the papers from the petitioner.

Oregon child and spousal support

According to Oregon divorce rights it is obligatory for one spouse to financially support the other spouse if the earning capacity of the spouse is considered dismal. This spousal support is concluded on the basis of the property distribution between the two parties and many other factors. Some of the factors which play an important role in deciding the alimony support, temporary or permanent are: duration of the marriage, resources and the financial needs, employment skills, work experience, tax consequences and the responsibilities of the spouse concerned towards the child.

The divorce rights of the state also have a special provision of compensatory spousal support. Under the compensatory spousal support, Oregon divorce rights have made it mandatory for a party to provide financial support to the other in order to contribute to his/her career oriented vocational and training skills.

Cases in which a minor child is involved, Oregon divorce rights make every effort to minimize the physical and mental trauma expected to be experienced by the child. Section 107 of volume two of Oregon statutes provides for a mediation and counseling program which would educate the two parties on the ill effects of the divorce.

Custody of the child is given to the spouse who is expected to be sound enough to financially and emotionally fulfill the needs of the minor child. Since Oregon follows the principle of equitable distribution of property, the court makes every effort to distribute the property in a fair manner so that both the parties will have equal opportunities in the future.

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