Important Oregon Divorce Guidelines to File for a Divorce
Oregon Residency Requirements For Divorce
Residency requirements for an Oregon divorce state that if the couple was married in the state and one spouse is a legal resident, there are no residency restrictions or waiting periods. However if the marriage was performed in another state then at least one of the parties must be a resident of Oregon for at least six months prior to the filing of Oregon divorce papers.
Grounds For Divorce In Oregon
Some of the commonly stated grounds for an Oregon divorce are:
- irreconcilable differences between the spouses which have caused the irretrievable breakdown of the marriage;
- consent to marriage was obtained by fraud, duress, or force;
- minor married without lawful consent.
Fault grounds for a divorce in Oregon may be considered where child custody is an issue.
Oregon Child Custody
When minor children are involved in a divorce proceeding in Oregon the parents involved are subjected to developing a “parenting plan” showing how they will share parental responsibilities and time is to be shared. The courts tend to favor joint legal custody which allows for both parents to be involved in the important decisions made for the child. The court will approve decisions agreed upon between the parents so long as it is judged that the plan is in the best interest of the child.
Oregon Child Support Guidelines
To calculate the support payments in a Oregon divorce proceedings the courts will take into account the gross income of both spouses which considering any child expense involved. These rules are used in almost every case. It is understood that child support will continue until the child reaches the age of 18 but sometimes can be extended through his or her secondary education.
After the filing of Oregon divorce papers, the divorce proceedings will almost always be heard within the county of the person who has filed for divorce.
When a divorce proceedings has contested elements involving child custody or visitation times, or other child related matters the court shall halt the proceedings to take the case through a mediation period. At any point in the divorce the parties can take their issues through mediation. If agreements can reached on the contested issues the divorce can continue on an uncontested basis.