Oregon Divorce Questions

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The divorce filing can be a lengthy and confusing process, if you are unaware about the divorce process followed in the state, where you intent to file a divorce. The divorce filing process can be easy for those who spend sometime to learn about basics of divorce filing procedure in Oregon. The list of Oregon divorce questions mentioned below have been collated considering the important facts that the person filing for divorce in this state needs to know about. The person thinking about filing for divorce to end their marriage legally would have several questions in their mind such as how to select the venue for divorce action, while deciding child custody and visitation issues what factors would the court consider, what is the process of marital property distribution, the grounds of divorce are acceptable in this state, is Oregon a no fault state etc.

The important examples of Oregon divorce questions are as follows:

Q. Differentiate between a Petitioner, Respondent and Co-Petitioner?

A. Petitioner means the divorcing partner who files the divorce action. Respondent means the divorcing partner who is served the divorce papers. Co-Petitioner is a term used to refer to any divorcing partner when both the partners file the petition jointly.

Q. How to choose the venue for the divorce action?

A. The county in which either divorcing partner resides is chosen. The Circuit Court in this county is the correct venue for the divorce action.

Q. What factors will the Oregon divorce court consider while deciding child custody and visitation issues?

A.

• The capacity and readiness of each parent to inspire and facilitate a close and continuous relation amongst the child and other parent
• The preference of the child
• The abuse of one parent by the other
• The desirability of continuing an existing relation
• The interests of the parties towards the child
• The emotional ties between the child and other family members

Q. Highlight the process of marital property distribution?

A.

• The court needs complete disclosure of all assets that are owned by both parties
• It is presumed that both divorcing partners contributed in equal amount to the attainment of property during marital life
• The court ensures that the division of property is equitable, fair and just. Thus, this division is not essentially equal

Q. In Oregon what grounds of divorce are acceptable?

A.

• Irreconcilable differences that has resulted in an irremediable breakdown of the marriage
• If consent to marital contract was obtained by fraud and force
• If any divorcing partner was not capable of completing a marriage contract as the party did not have the legal age to enter this contract or their was insufficient understanding

Q. Discuss the issues of child support?

A. The court finalizes the issues of child support and child custody during the divorce process. The child support amount has to be paid by the non custodial spouse. There is no fixed percentage specified for support. The income of both the divorcing partners is considered by the court.

Q. If the divorcing partner is not satisfied with the decision of the court, what can be done in this regard?

A. The divorcing partner may appeal against the result provided by the divorce court.

Q. Consider that a person wishes for a quickie divorce. Is it possible?

A. The court aims at promotion of reconciliation. With this intent in mind, the court makes arrangements for family counseling service to the divorcing partners. If the divorce case is a contested one, the entire divorce procedure requires 9 months on an average. Thus, the idea of a quickie divorce is not possible.

Q. Is it true that Oregon is a no fault state?

A. Yes. This state has a single no fault divorce ground and this is irreconcilable differences. Accordingly, every spouse has been empowered to file an Oregon divorce in the absence of any evidence of misconduct.

The Oregon divorce question and their relevant answers mentioned above are written in layman language, so that everyone is able to understand the legal laws and procedure followed in Oregon. The couple with children filing for divorce would have several questions related to child custody, such questioned are answered above. Along with child custody there are other issues such as child support and visitation rights, one need to be aware about the factors that the court would consider while providing decision related to these issues. The terms Petitioner, Respondent and Co-Petitioner cannot be understood by layman easily, but are explained in an easy to understand manner.

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