Oregon Divorce Laws

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The basic rules for divorce are mentioned in the divorce laws of the states. Each state has a right to design its divorce laws according to its priorities and requirements. The Oregon divorce laws mention the details about the legalities regarding the matters related to divorce like child support and child custody. All issues regarding a marital dissolution are solved with the help of Oregon divorce laws. Therefore, it is very necessary to understand these laws in detail.

Oregon Divorce Laws pertaining Child Support

The Oregon Division of Child Support furnishes data regarding child support. A formula has been established by ORS 25.270 to 25.287 which have to be applied while determining child support. However, although a child is a minor, support is not required in the following cases:

  • The child has stopped to attend school after completion of 18 years of age
  • The child has been married
  • The child has been emancipated
  • The child has become self supporting

The orders of the Court regarding child support are inclusive of the following:

  • Maintenance of a health care plan for the child
  • Maintenance of insurance to back the support
  • Uninsured medical expenditure of the child

The revised statutes that appear in Chapter 107.106 and 107.105 are dedicated to the issue of child support. Child support is arranged in advance in order to avoid the negligence of the parents towards child after getting separated. This amount fulfills the necessity of a child regarding educational and other development.

Oregon Divorce Laws regarding Child Custody

Child custody can either be decided by the spouses by agreement, or the court in case the partners do not agree to the terms of child custody. The custody can be awarded to either of the parents or both of them. Maintaining the child's best interests, the Court speculates the below mentioned issues while finalizing child custody:

  • If the Court concludes that the primary caregiver of the child is fit, then the preference of this caregiver is taken into account.
  • If there are any records of abuse by one parent
  • The parent's wish to continue an existing relation
  • The attitude of the partners towards the child and their interest in the child
  • The emotional status amongst the child and other family members
  • The capacity and readiness of either parent to ensure that a close and continued relationship is maintained between the other parent and the child, unless such a relation brings the security or health of the other parent or child in danger.

Prior to making a decision regarding child custody, the Court considers the life style, social environment, income, marital status and conduct of either parents and ascertains if any of these may result in physical or emotional damage to the child.

Spousal Support

Spousal support is the monitory help for the partner who is unable to look after self after divorce. The duration for such support depends upon many things. The following factors are considered by the Court while settling spousal support:

  • Whether each partner has the responsibility of child support and child custody
  • The effects of tax on each party due to spousal support
  • The economical resources and requirements of each party
  • The relative earning ability of both partners
  • The standard of living reached during marital life
  • The station, health and age of both partners
  • The period of marital life
  • Any other issues which appear relevant to the Court

The Oregon Revised statutes Chapter 107.105 are observed while finalizing spousal support. It is to be noted that the order of spousal support can be altered in the case a partner who is the beneficiary of alimony, remarries or cohabits with another person.

Property Distribution

The Court follows an assumption that both partners have contributed equally during their marital life to the attainment of property and irrespective of whether this property may be separately or jointly held, it should be separated equitably.

The input of a partner in marital life as a homemaker is regarded as an input to the attainment of marital assets. Plans for retirement are regarded as a section of the marital estate. In property distribution, any fault by either partner is not an issue worth consideration.

Such is the nature of divorce laws in Oregon. The laws are legal instruments that affect the divorce process. Therefore, the laws should be carefully studied before making any use of them.

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