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Oregon Divorce Facts
When going through a divorce in in Oregon, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Oregon should know. The facts listed here are only a selected few of the more comprehensive set of Oregon Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Oregon Divorce Professional.
To file for divorce, the couple must have married in the state and at least one spouse must live in Oregon. The person filing for divorce has to have been living in Oregon for at least six months before filing the divorce papers in the county where the petitioner lives.
The court grants a no-fault divorce, or one person can allege fault to end the marriage. A couple must either agree to the reason for the divorce, such as the marriage has irretrievably broken down due to irreconcilable differences, or prove to the court that the divorce should be granted because one party was under-age or lacked the mental capacity to understand marriage, or consent was obtained either by force or fraud.
Alimony may be ordered at the court's discretion. The parties may agree that one provides financial help to the other, either temporarily or permanently. One spouse may be required to pay alimony on a temporary basis while the recipient is enrolled in a job-training program.
In determining the amount of alimony, the court considers the duration of the marriage, the recipient's education, current skills and previous employment experience, the financial needs and resources available for each party, the tax consequences of paying or receiving alimony, and the financial responsibility for children.
The Oregon court may consider other factors deemed relevant to make a ruling on support that it considers just and equitable.
When one spouse contributed financially or in some other way to the other's education, vocational skills, training or career, the court may award spousal support. In these cases, the judge considers the length of the marriage, the amount and duration of the contribution, the nature of the contribution, the earning capacity of each spouse, tax consequences, and the extent to which the parties have benefited from the contribution to date.
Courts decide child custody when the parents cannot. The court considers the best interests of the child when making a ruling.
Child support payments are based on an income shares model. Each parent is required to contribute financially to their child's upbringing and each person's share is calculated in proportion to their income. Each parent must provide copies of his or her W-2s to verify income. Along with the income statements, the court considers each parent's ability to borrow funds, earning capacity, and the child's needs. The court may order the parent paying child support to buy a life insurance policy and keep it in force so that the child will still be supported if the parent dies before he or she reaches the age of majority.
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