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Divorce Guide |
Oregon No Fault DivorceAccording to OR divorce last, you can not obtain divorce in the state of Oregon on the basis of any “fault” or “wrongdoing” because it is purely a “no-fault” divorce state. Here, a spouse need not prove that the other spouse has committed any ‘wrongdoing’ or indulged in any “fault”. One can get a divorce in the state by simply stating that the marriage has “broke down” owing to “incompatibility”. Earlier this was not the case, and divorce could be obtained only on the basis of “fault grounds”. The factors based on which divorce could be obtained were: adultery, abandonment, gross neglect of duty etc. Residential requirements in Oregon no fault divorce In order to get divorce in Oregon, at least one spouse needs to be a resident of the state for 6 months before filing for divorce. The procedure of divorce begins with the petitioner filing a divorce petition for dissolution of marriage. The respondent must be served the notice about the petition by a sheriff or a “court server”. Within 30 days of receiving the notice, the defendant is expected to file an “appearance” with the court. In case the defendant fails to file for “appearance and does not appear in the court at all, then he/she is supposed to have “defaulted” and the divorce would be granted to the plaintiff. Waiting period in Oregon no fault divorce The waiting period is 90 days after a plaintiff has filed the petition for divorce. In this period, the coupe is expected to reconcile and “patch-up”. In case, they fail to do so, the procedure for divorce begins then on and they would be called for the divorce hearing, if the divorce is “uncontested”. In case, it is not so, and there are matters of disputes on property division or child custody then the case would go for trial. Property division in Oregon no fault divorce The matter of property division is usually settled “outside the courts” by the spouses so that the trial process is not lengthy and the procedure takes lesser time. In case, the spouses are unable to arrive at a decision regarding the matter of property then the courts would intervene. Oregon is an “equitable property division state”, where the property is not exactly split up equally among the divorced spouses. Instead the marital property is equitably and justly divided among the spouses. By the term “marital property”, we mean the property which the spouses had acquired during the course of the marriage. Here the “separate property” would not be affected by the court. Child custody in Oregon no fault divorce The matter of child custody is generally dealt by both the spouses outside the courts. This is to avoid children getting involved in the messy court battles. Moreover, it is more economical to settle the matter of custody and visitations without going for a trial. But, if the parents are unable to reach a consensus, despite participating in court recommended custody mediation, then the courts would intervene. Child custody is awarded based on OR child custody guidelines keeping the “best interests of the child in mind” and to ensure the safety and security of the child. If a parent proves in the courts that the presence of the other parent is detrimental to the child, the courts would modify the order and consider even regulating visitations of that parent. Divorce is emotionally exhausting matter. Thus, it is advisable to seek the advices of the attorney whether one should attempt to settle the matters of property division etc outside the court or contest in it. It is wise to note that the divorce proceedings eat up a lot of time and money which could have been used to settle financial needs of the children. Thus, it is better to keep the differences aside and attempt to settle the matters through divorce mediation.
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