Divorce in Oregon: Everything You Need to Know
When it comes to getting a divorce in Oregon, there are definitely some important things you should keep in mind. Whether you’re considering a divorce or in the middle of one, understanding the legal process, how property is divided, and child custody laws can prevent unnecessary stress and conflict. Here’s everything you need to know about divorce in Oregon.
Grounds for Divorce
In the state of Oregon, you can file for divorce on a no-fault or fault-based grounds. No-fault grounds for divorce are the most common, and they simply mean that the marriage is irretrievably broken. This means that there is no chance of reconciliation and that neither party is necessarily at fault for the divorce. On the other hand, fault-based grounds for divorce may include adultery, cruelty, abandonment, and substance abuse.
Oregon is an equitable distribution state, meaning that marital property is divided fairly and equitably, but not necessarily equally. Marital property includes anything that was acquired during the marriage, with some exceptions such as gifts or inheritance designated for one spouse. The court will consider factors such as the length of the marriage, each spouse’s contribution to the acquisition of marital property, and each spouse’s financial resources before making a decision on property division.
When children are involved in a divorce, it can be an emotional and complex issue. In Oregon, the court will consider the best interests of the child when determining child custody. This includes factors such as the child’s relationship with each parent, any history of domestic violence or abuse, and the child’s emotional and physical needs. There are two types of child custody in Oregon: legal custody, which gives a parent the authority to make decisions for the child, and physical custody, which determines where the child will live.
Divorce can be a difficult and emotional process, but understanding the legal procedures, property division, and child custody laws in Oregon can help make the process smoother. Remember that seeking professional legal assistance and support can help you navigate the legal system and make informed decisions. If you’re in the middle of a divorce or considering one, be sure to seek guidance from an experienced family law attorney to help you protect your rights and interests.