Statutory Reference to Oregon Revised Statutes:

Residence: §§ 107.070, 107.075

Divorce: §§ 107.025, 107.036

Property Division: § 107.105(f)

Alimony: § 107.015(d)

Custody: § 107.137, 107.169

Visitation: § 109.119

Child Support: § 25.270 et seq.

 

Residence:

If the marriage was not performed in Oregon, one spouse must have been a resident for six months immediately prior to filing.  If the marriage was performed in Oregon and either spouse is a resident of Oregon, there is no durational residency requirement.  There is a 90-day waiting period between the date of service and the date of hearing, unless the court waives this requirement for emergency or necessity.

 

Grounds:

No-fault: Irreconcilable differences between the spouses which have caused the irretrievable breakdown of the marriage.  Fault is abolished. 

 

Distribution of Property:

Equitable distribution of all property of the parties whenever acquired.  Regardless of whether the property is held jointly or individually, there is a presumption that the spouses contributed equally to the acquisition of the property, unless proven otherwise.  When dividing the property, the court shall consider (1) the cost of any sale of assets; (2) the amount of taxes and liens on the property; (3) the contribution of each spouse to the acquisition of the property, including homemaker services; (4) any retirement benefits; (5) any life insurance coverage; (6) whether the property award is instead of or in addition to spousal support. 

 

Alimony/Spousal Support:

Either spouse may be required to make allowances for support of the other for his or her life or for a shorter period, having regard to the circumstances of the parties respectively, in accordance with 18 enumerated factors. 

 

Child Custody/Visitation:

The court may order joint custody of the parents agree, but if one parent objects, the court cannot order joint custody.  An order for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions regarding specific matters while both parents retain equal rights and responsibilities for other matters.

When ordering sole custody, the court may consider (1) the child's emotional ties with other family members; (2) the parties' interest in and attitude toward the child; (3) the desirability of continuing existing relationships; (4) one parent's abuse of the other; (3) each parent's willingness and ability to facilitate the relationship between the child and the other parent, unless it is shown that such relationship will endanger the health and safety of either the child or the parent.  The court shall consider the conduct, marital status, income, social environment or lifestyle of either party only if it is shown that these factors are causing or may cause damage to the child. 

 

Any person who has established emotion ties creating a parent/child relationship with a child may petition for custody, placement, or visitation.  The court shall grant visitation if it finds, by clear and convincing evidence, that it is in the best interests of the child. 

 

Child Support:

Child support guidelines found at Oregon Administrative Regulations 137-050-0320 et seq.  The formula is based on the Income Shares Formula, calculated on gross income.