October 13, 2006, Newsletter Issue #35: Oregon Divorce Laws and Divorce Guidelines

Tip of the Week

Oregon Residency Requirement
According to the Oregon Divorce Laws and Oregon Divorce Guidelines, to get divorced in Oregon, one of the spouses must have been a resident of the state for 6 months before filing the case if the marriage was not performed in Oregon. There is no residency requirement if Oregon is the marriage place and one of the spouses is a resident at the time of the case being filed

Place of Divorce (Venue)
The divorce can be filed in: County where either spouse resides.

Time to Divorce
There is a 90-day waiting period, which begins after the respondent has been served with the Oregon Divorce Forms and Oregon Divorce Papers, before a hearing will be scheduled.

Simplified or Special Divorce Procedures
The spouses may qualify for a summary dissolution of marriage if the following conditions are met:
(1) the residency requirements are fulfilled
(2) There are no minor children, born or adopted, and the wife is not pregnant
(3) the marriage is not over 10 years in length
(4) neither spouse owns any real estate
(5) there are no unpaid debts in excess of $15,000 incurred by either or both spouses during the marriage
(6) the total value of all of the spouse's personal property is less than $30,000, excluding any unpaid balances on loans
(7) the petitioner waives the right to spousal support [alimony]
(8) the petitioner waives the right to any pendente lite (preliminary) orders, except for the prevention of spouse abuse [temporary court orders pending the final divorce].

Oregon Grounds for Divorce

Grounds for a No-Fault divorce:
(1) Irreconcilable differences

Grounds for Fault based divorce:
(1) Consent to marriage was obtained by fraud, duress, or force
(2) minor married without lawful consent
(3) spouse lacked mental capacity to consent

An Agreed Divorce , defined by Oregon divorce guidelines and Oregon divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Oregon property distribution, Oregon child support, or Oregon child custody.

A Default Divorce , according to the Oregon divorce guidelines and Oregon divorce laws, is a divorce where the other spouse doesn't sign the Oregon Divorce forms or Oregon divorce papers, he/she doesn't do anything at all with the divorce.

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