Oregon Divorce Tips

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Oregon has laid down domestic relations laws that address issues related to marriage. These laws are different from laws prevailing in other states of USA. Divorce is a complex issue. Once you take a decision in sensitive matters like divorce, it is very difficult to alter it; so, you should be careful enough not to take any wrong step leading to adverse situations. If you want a divorce in Oregon, you must know Oregon divorce tips that throw light on divorce laws pertaining to your case.

Before going to certain probable situations and state laws related to those, let us take a quick glance of the general Oregon divorce tips that one has to fulfill before filing for the case:

  • Residency requirements: A couple must have married in Oregon and at least one partner must live in this state. The plaintiff must be a resident of Oregon for at least 6 months prior to the filing of the case.

  • Grounds for divorce: The Oregon court accepts cases filed on fault and no-fault ground. No-fault ground is granted when there is irreconcilable differences between the partners causing the irremediable breakdown of the marriage.

The court grants a divorce on fault ground only when both the spouses agree to a reason for the divorce, or agree to irreconcilable differences between them, or prove to the court that they need the divorce because one spouse was under-age and was unable to understand marriage, or consent was obtained forcefully or by fraud.

Some fundamental Oregon Divorce Tips

  • A Premarital Agreement is made by prospective partners while speculating about marriage and it's effectiveness after marriage. This agreement must be in written form and must bear the signatures of both partners. It can be enforced without consideration.

  • If a party intends to obtain life insurance, the court might issue orders that the party must undergo physical examination and should pay the premiums regarding this policy. The exception to this rule is the life insurance policies procured under ORS 107.820(3).

  • If either partner makes a motion, the court might issue orders to a partner to renew a life insurance policy that was permitted to lapse for any reason while the lawsuit was pending.

  • Assume that due to legal separation or annulment of marriage or dissolution, some individuals are obligated to support other people. The State of Oregon has a policy that such individuals must be encouraged to have life insurances that would be sufficient for the support of the other people although the individual dies.

  • Mediation proceedings under ORS 107.755 TO 107.795 should be conducted in private. The only individuals allowed to attend such mediations are the mediation services personnel, the divorcing partners, their lawyers and their children.

  • Every judicial district conducts a mediation orientation session for all divorcing parties in the following circumstances:
    • In domestic relations case in which mediation has been ordered
    • When visitation, parenting time and child custody is in conflict

  • The circuit court finalizes how to structure the orientation session in a way that would fulfill the requirements of the parties in the best manner. The intention of an orientation session is to make the parties knowledgeable in the following aspects:
    • The meaning of mediation
    • The options available to the parties in mediation
    • The pros and cons of every method of dispute resolution

  • In case the divorcing partners reach a reconciliation agreement, it must be reduced to writing. If the divorcing partners offer their consent, the court may issue an order that the divorcing partners must abide by fully with the agreement.

  • The court has a complete freedom to modify or terminate any order that has been previously issued.

  • Along with the appropriate forms essential for divorce, every circuit court shall make available an instructional brochure that is recommended by the State Court Administrator. This brochure also describes the procedures related to Section 107.500, 107.490 and 107.485.

  • Assume that a court has entered a judgment of marital annulment, separation or dissolution. After this has happened, either party passes a motion that either or both the parties have considerable assets belonging to them and these:
    • existed when the judgment was entered and
    • were not discovered till the judgment was entered

    In such a circumstance, the court reopens the case.

  • Regarding the previous point, if the court concludes that the assets were willfully hidden and consequently not made a part of the division of the marital property, then the court takes the following steps:
    • A judgment that favors the injured party as corrective damages
    • A compensatory judgment that favors the injured party
    • The omitted assets are surrendered to the injured party
    • The appreciated value of the omitted assets is divided amongst the parties
    • Any other mode of division that is proper and just in all conditions

The Oregon divorce tips given in this article do not cover each and every divorce law. To be more clear, you must take the suggestion of a lawyer who will educate you on the complex areas of your case.

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