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Oregon Divorce Procedures

icon1 Posted by DivorceLine in Divorce Procedures in Your State on 10 5th, 2009 | no responses

Oregon Divorce Procedures

Complete overview of Oregon divorce laws for people considering an Oregon divorce or filing an Oregon divorce with issues to be resolved about child custody, child support, visitation and alimony.

Oregon Divorce Residency Requirements

In order to file your Petition for Dissolution of Marriage in Oregon, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Oregon residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

The parties may file for a dissolution of marriage in Oregon if: The marriage took place in the state and either party is a resident of or domiciled in the state or at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.

A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides. (Oregon Statutes – Volume 2 – Sections: 14.070, 107.065, 107.075).

Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Oregon. It is most common that people file for a dissolution of marriage in the county in which they live. If you are unsure of whether or not you meet the Oregon residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

Oregon Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the Oregon court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court shall order a judgment for the dissolution of a marriage according to one of the following grounds;

No-Fault Based Grounds:
(1) Irreconcilable differences between the parties which have caused the irremediable breakdown of the marriage.

Fault Based Grounds:
(1) Fraud, duress, incapacitation;

A trial or hearing for the dissolution of a marriage shall be set until 90 days from the date of the service of the summons and petition upon the respondent. (Oregon Statutes – Volume 2 – Sections: 107.025, 107.036, 107.015).

Every dissolution of marriage case that is filed in the state of Oregon must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions.

Oregon Uncontested Divorce

This information is an overview of the uncontested Oregon divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Oregon.

Oregon is a No-Fault state. Grounds for divorce are “[i]reconcilable differences between the spouses which have caused the irremediable breakdown of the marriage.” Oregon also permits divorce under general grounds when 1) the consent to the marriage was obtained by fraud, duress or force; 2) a minor married without lawful consent; and 3) when on spouse lacked mental capacity as a result of impairment, including temporary incapacity.

In Oregon, a divorce is called a dissolution. The person initiating the action is called the Petitioner; the party responding is called the Respondent. When both spouses file jointly, they are called Co-Petitioners.

To divorce in Oregon, at least one party must be a resident of Oregon for at least six months prior to the commencement of the action if the marriage did not happen in the state. If the divorcing couple were married in Oregon, there is no residency requirement as long as at least one spouse is a resident. Normally, divorce actions are filed in the county where either the Petitioner or the Respondent is a resident.

Oregon offers a summary dissolution called the simplified or special dissolution of marriage. A couple may end their marriage this way when

a) either or both are Oregon residents and have been continuously for the past six months;
b) the couple have not be married more than 10 years;
c) the couple have no natural or adopted minor children;
d) there have no children 18 years old or older who are attending school;
e) the wife is not pregnant;
f) neither party owns real property (in Oregon or elsewhere);
g) the personal property of parties (separately or together) is worth less than $30,000;
h) the debts of couple incurred during the marriage (separately or together) are no more than $15,000;
i) neither spouse is asking for support;
j) neither party seeks the court action for any temporary orders (that is, orders in effect during the divorce proceeding), except for a restraining order, or an order awarding one spouse the exclusive use of the marital home under the Family Abuse Prevention Act or the Elder Abuse Prevention Act;
k) neither party knows of any unresolved court proceedings involving the marriage in Oregon or elsewhere;
l) both spouses agree about the terms and conditions of the assets and liabilities of the marriage.

A summary dissolution is the easiest route to a divorce in Oregon. The forms required are available in each county courthouse in the state, and some counties now have facilitators to assist in the completion of the paperwork.

When a couple for one reason or another are not eligible for a summary dissolution but nevertheless agree about the terms and conditions of their divorce, the couple may follow a special, simpler procedure for Co-Petitioners. This is an uncontested divorce because both spouses have agreed to everything.

In this routine, the couple file a Co-Petition for Dissolution of Marriage. When this form is signed by both the husband and wife, the Petitioner and the Respondent become joined as Co-Petitioners. The form asks the court to approve the terms and conditions that the spouses have agree to. With the Co-Petition, the parties also complete a Certificate of Residency, which states the county where one or both of them reside, and a Certificate of Document Preparation, which names the person who assisted in preparation the papers when that person is not an attorney.

In addition, depending upon the circumstances, the couple may have to complete a Certificate Re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgment, which informs the court of any child support proceedings that are already outstanding.

The couple must also file an Affidavit, Request to Segregate Protected Personal Information from Concurrently Filed Document and Segregated Information Sheet, which are forms to reduce the possibility of identity theft (since most court files are available to the public).

When the Petition has been filed, a restraint on the disposal of marital assets takes effect. The Petitioner is restrained as soon as the petition is filed, and the Respondent is restrained as soon as he or she receives the Notice of Statutory Restraining Order Preventing the Dissipation of Assets.

At the same time, the spouses co-file for divorce, they can have prepared the other necessary forms. These include the following:

a) Motion and Order Waiving 90-day Waiting Period; An Affidavit, which waives the 90-day statutory waiting period;
b) Motion for Judgment with Hearing’; Affidavit of the Petitioner, which, when approved, eliminates the need for a divorce hearing;
c) Judgment of Dissolution of Marriage, which is the instrument ending the marriage;
d) Child Support Computation Worksheet, which is used to calculate the amount of child support.

According to Oregon law, Co-Petitioners need not wait the 90 days from the date of filing until the court enters a judgment of divorce; however, some but not all judges require them to do so.

When one spouse files for divorce by himself or herself, the course of action is different and requires additional steps and forms.

This route may be a preliminary to contested action, and the contest — disagreement over the terms and conditions of property division and distribution, alimony, child support and visitation — may end in a divorce trial. Frequently, however, when one party files alone, the couple nevertheless continue to negotiate, and a divorce that starts contested ends uncontested and, most important, without a trial.

This route begins with the Petition for Dissolution of Marriage, Certificate of Residency, Certificate of Document Preparation, (depending on the situation) Certificate Re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgment, Affidavit, Request to Segregate Protected Personal Information.

When one party files the petition, a Summons informs the other party that the action has started. The Summons give the Respondent 30 days to answer the Petition. If he or she does not, the Respondent has defaulted, and the action may proceed without an input from that party.

The Summons also carries with it the Notice of Statutory Restraining Order Preventing the Dissipation of Assets, which is provided by the court clerk when the petition is filed.

Summons may be delivered to the Respondent in one of three ways: 1) by the sheriff in the county in which the Respondent resides; 2) by a process server; or 3) by an person who is older than 18 when the recipient is served in Oregon. The Petitioner cannot serve the process. Whoever serves the divorce papers — the Petition, the Summons, the Notice of Statutory Restraining Order — returns to the Petitioner the Proof of Service or Affidavit of Service.

After 90-days have passed, the Petitioner must submit the forms to the court:

a) Motion for Judgment with Hearing; Affidavit of the Petitioner, which, when approved, eliminates the need for a divorce hearing;
b) Judgment of Dissolution of Marriage, which is the instrument ending the marriage;
c) Child Support Computation Worksheets, which are used to calculate the amount of child support.

If between the time of filing and the end of 90 days, the couples achieve agreement, a Motion and Order Waiving 90-day Waiting period can be filed. This can also be filed after 30 days if the Respondent defaults.

If, during the 30-day period, the Respondent files an Answer, it is likely that he or she is preparing to contest the action. At this point, no one can draw a map of the course of the divorce because in contested actions the parties maneuver strategically, each for his or her own advantage.

If either party contests anything, the wait for a hearing will be much longer. During this time, many cases require temporary measures, such as child support or alimony, protective orders concerning children, orders for the use or preservation of assets, etc. Morever, it the action heads for trial, both sides may engage in discovery of necessary financial information.

Normally, a party needs one or more certified copies of his or her divorce decree if:

a) he or she was awarded custody of the children;
b) real property located in Oregon was awarded;
c) motor vehicles, bank accounts, securities were awarded to one spouse or the other;
d) a name changed;
e) the judgment of dissolution requires that a former spouse maintain insurance

Divorcing a spouse who cannot or will not be located requires that the Petitioner serve notice by publication. This means that Petitioner must make a good faith search that demonstrates “due diligence” to locate the missing spouse. If this search is fruitless, he or she can petition the court for a Motion and Order Allowing Publication of Summons. This is an affidavit that specifies what the Petitioner did to locate the missing spouse before filing it. Very likely the Petitioner will have to appear in court for a short hearing to answer the judge’s questions about the missing spouse’s whereabouts and the efforts made at locating him or her. Subsequent to the court approval, the Petitioner publishes the Summons of the action in a newspaper. The publication is repeated four times. After that, the newspaper certifies the publication happened, and this certification becomes part of the record of the case.

Under Oregon law, in addition to the service by publication, a copy of the Summons must be mailed to the missing spouse’s last known address. This step may be omitted, however, when the Petitioner does not know the last known address of the missing spouse.

Oregon Simplified Divorce Procedures

The spouses may qualify for a summary dissolution of marriage procedure if the following qualifications are met: (1) the residency requirements are fulfilled; (2) There are no minor children, born or adopted, and the wife is not pregnant; (3) the marriage is not over 10 years in length; (4) neither spouse owns any real estate; (5) there are no unpaid debts in excess of $15,000 incurred by either or both spouses during the marriage; (6) the total value of all of the spouse’s personal property is less than $30,000, excluding any unpaid balances on loans; (7) the petitioner waives the right to spousal support [alimony]; and (8) the petitioner waives the right to any pendente lite (preliminary) orders, except for the prevention of spouse abuse [temporary court orders pending the final divorce]. There are specific mandatory forms for filing for summary dissolution of marriage that are available from the clerk of the court in each circuit. Separation agreements are also expressly authorized. In addition, in all other cases, the spouses can jointly file for a dissolution of marriage. [Oregon Revised Statutes; Volume 2, Sections 107.055, 107.065, 107.085, 107.105, and 107.485+].

Each state has its own unique filing procedure. When filing for dissolution of marriage in Oregon, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage documents to the county court. You will discover that some documents may be provided by the Oregon Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Oregon Laws and the filing requirements.

Oregon Property Division Factors

In Oregon, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Circuit Court within the Decree of Dissolution of Marriage.

Oregon is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Circuit Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.

When dividing the real and personal property of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.

For the division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances. A retirement plan or pension or an interest therein shall be considered as property. The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. (Oregon Statutes – Volume 2 – Sections: 107.036, 107.105).

Since Oregon is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.

Oregon Spousal Support/Maintenance/Alimony Factors

In Oregon the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:

Transitional spousal support will be awarded by the court after considering the following: (1) The length of the marriage; (2) A party’s training and employment skills; (3) A party’s job experience; (4) The financial requirements and resources of each party; (5) The tax ramifications to each party; (6) A party’s custodial and child support responsibilities; and (7) Any other factors the court deems just and equitable.

Compensatory spousal support will be awarded by the court after considering the following: (1) The amount, duration and nature of the contribution; (2) The length of the marriage; (3) The relative earning capacity of the parties; (4) The extent to which the marital estate has already benefited from the contribution; (5) The tax consequences to each party; and (6) Any other factors the court deems just and equitable.

Spousal maintenance will be awarded by the court after considering the following: (1) The length of the marriage; (2) The age of the parties; (3) The health condition of the parties; (4) The standard of living established while married; (5) The relative income and earning capacity of the parties; (6) A party’s training and employment skills; (7) A party’s work experience; (8) The financial needs and resources of each party; (9) The tax ramifications to each party; (10) A party’s custodial and child support responsibilities; and (11) Any other factors the court deems just and equitable. (Oregon Statutes – Volume 2 – Sections: 107.036, 107.105, 107.412).

Oregon Child Custody Factors

In Oregon, when making a child custody and visitation award, the court will examine the following factors:

(1) The emotional ties between the child and other family members;

(2) The interest of the parties in and attitude toward the child;

(3) The desirability of continuing an existing relationship;

(4) The abuse of one parent by the other;

(5) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(6) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

A parenting plan or parenting agreement shall detail how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have. (Oregon Statutes – Volume 2 – Sections: 107.105, 107.137, 107.169).

In Oregon, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Oregon Child Support Factors

Either parent may be ordered to pay child support, based on the following factors: (1) the ability of each parent to borrow; (2) the parent’s earnings history; (3) the reasonable necessities of each parent; (4) the physical, emotional, and educational needs of the child; (5) the relative financial means of the parents, including their income, resources, and property; (6) the potential earnings of the parents; (7) the needs of any other dependents of a parent; (8) any social security or veteran’s benefits paid to the child; and (9) any other relevant factors. There are official child support scales and formulas available. The child support payments may be required to be paid through the clerk of the court. There may be court orders issued to withhold wages to pay for the child support. Every child support award must also contain provisions for the payment of any uninsured medical care for the child and the payment of health insurance for the child. The court may also order the parent required to pay support to maintain life insurance coverage with the child as beneficiary. [Oregon Revised Statutes; Volume 2, Sections 25.275, 107.105, 107.106, and 107.820].

Oregon child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Oregon child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Oregon child support deviation factors that may be applicable to the situation.

Oregon Grandparent’s Rights

Grandparent Rights to Visitation: Chapter 109, Section 109.121 (O.R.S. § 109.121).

Grounds: Visitation may be granted if the grandparent has established or has attempted to establish ongoing personal contact with the child and the custodian of the child has denied the grandparent reasonable opportunity to visit the child. Chapter 109, Section 109.121 (O.R.S. § 109.121).

When Adoption Occurs: Visitation rights terminate upon adoption.

Child Custody Statutes: Factors: (1) emotional ties between the child and other family members; (2) each party’s interest in and attitude toward the child; (3) desirability of continuing existing relationships; and (4) any abuse of one party by the other. Conduct and lifestyle are only considered if it is causing or may cause emotional or physical damage to the child (this will require strong proof). O.R.S. §§107.105 & 107.137.

Parents May Choose: Yes

Oregon Military Divorce Laws

An Oregon military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Oregon Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Oregon court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for an Oregon court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

1. You or your spouse must reside in Oregon
2. You or your spouse must be stationed in Oregon

Grounds for Oregon Military Divorce

The grounds for a military divorce in Oregon are the same as a civilian divorce.

Dividing the Property

Along with the normal Oregon property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Oregon, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Oregon child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Oregon Child Support Guidelines

The Oregon child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Oregon child support order.

Oregon Child Support Guidelines

Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: YES
Secondary Education Support: YES
UIFSA: YES

* The Income Shares Model: Oregon child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Oregon child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.

For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.

As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.

For example: It is not common for a custodial parent to be paying support to a non-custodial parent.

Oregon Child Support Defiitions

Definitions:

“Joint child” means the dependent child who is the son or daughter of both the mother and the father involved in the support proceeding. In those cases where support is sought from only one parent of a child, a joint child is the child for whom support is sought.

“Nonjoint child” means the legal child of one, but not both of the parents subject to this determination. Specifically excluded from this definition are stepchildren.

“Gross income” means: Income includes income from any source including, but not limited to, salaries, wages, commissions, advances, bonuses, dividends, severance pay, pensions, interest, honoraria, trust income, annuities, return on capital, social security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, including lottery winnings, and alimony or separate maintenance received.

Subtract from a parent’s gross income the amount of any spousal support a court orders that a parent to pay, and add to a parent’s gross income any spousal support the parent is entitled to receive. In addition, excluded and not counted as incomes is any child support payment.

“Adjusted gross income” means gross income less the deductions for pre-existing child support obligations and the deductions for nonjoint children.

“Total child support obligation” means the basic child support obligation plus the following additions:

(a) Child care costs – An amount equal to the annualized monthly child care costs, including government child care subsidies, less the federal and state child care credit payable on behalf of joint children, which are due to employment or job search of either parent, or the physical custodian of the children, shall be added to the basic obligation. Such childcare costs shall be reasonable; that is, such costs shall not exceed the level required to provide quality care for the child or children from a licensed source. Child care costs required for active job search and child care costs required to allow the custodial parent to obtain training or education necessary to obtain a job are allowable on the same basis as costs required in connection with employment.

(b) Medical expenses – The basic child support obligation may be increased by a reasonable amount which recognizes recurring medical costs on behalf of joint children by the custodial parent. Such an increase is allowable only to the extent that such medical costs are not eligible for payment by health or other insurance. Recurring medical costs are defined as those costs which are reasonably expected to occur regularly and periodically in the future based on documented past experience or on substantial evidence of future need.

Criteria to be considered when determining child support:

(a) All earnings, income and resources of each parent, including real and personal property;
(b) The earnings history and potential of each parent;
(c) The reasonable necessities of each parent;
(d) The ability of each parent to borrow;
(e) The educational, physical and emotional needs of the child for whom the support is sought;
(f) The amount of assistance which would be paid to the child under the full standard of need of the state’s IV-A plan;
(g) Preexisting support orders and current dependents; and
(h) Other reasonable criteria which the division may find to be appropriate.

Oregon Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the Oregon Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner or Co-Petitioner

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent or Co-Petitioner

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
In the Circuit Court for the State of Oregon for the County of ___________.

The proper name of the court in which a Dissolution of Marriage is filed in the state of Oregon. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
INSERT

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage

The title and name of the legal document that will initiate the Oregon Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Judgment of Dissolution of Marriage

The title and name of the legal document that will finalize the Oregon Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
Office of the Clerk of the County Circuit Court

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for legal separation (separation from bed and board) in Oregon are irreconcilable differences between the spouses which have caused the irretrievable breakdown of the marriage. The spouses may enter a separation agreement to live apart for at least 1 year. At least 1 of the spouses must be a resident of Oregon when the action for legal separation is filed. The legal separation may be filed for in a county where either spouse lives. [Oregon Revised Statutes; Volume 2, Sections 14.070, 107.025, 107.075, 107.455, and 107.475].

Property Distribution:
Equitable Distribution

The applicable Oregon law that will dictate how property and debt is to be divided upon Dissolution of Marriage.

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