Residency Requirements for Divorce: Oregon
Oregon has its own dissolution of marriage laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Oregon residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Oregon Filing Requirements: In order to file for a dissolution of marriage in Oregon, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
The parties may file for a dissolution of marriage in Oregon if: The marriage took place in the state and either party is a resident of or domiciled in the state or at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.
A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides. (Oregon Statutes - Volume 2 - Sections: 14.070, 107.065, 107.075)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Oregon for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Oregon.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Oregon Divorce Today (5 Great Options!)
- Locate a Oregon Divorce Professional Near You
- Read More About Oregon Divorce Laws
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Oregon Wills for the Divorcing
Oregon Custody/Visitation/Support Modification Forms
Win Your Custody Battle 2008 (Mother's and Father's Versions)
