Divorce

 
 

In Oregon, divorce is called “dissolution of marriage.” A dissolution of marriage begins when one spouse, through a family law attorney, files a petition for dissolution.  The spouse who files the petition is called the petitioner.  The opposing spouse is called the respondent. After the petition is served on the respondent, the respondent has thirty days to file a response with the court. If the respondent fails to file a timely response, the petitioner can obtain an order of default and ultimately a default general judgment against the respondent. Anyone served with a petition for dissolution of marriage should contact a family law attorney as soon as possible. Oregon is a “no-fault divorce” state, which means neither spouse is required to prove wrongdoing in order to obtain a dissolution. Under Oregon law, either party may obtain a dissolution simply by asserting that irreconcilable differences have caused the irremediable breakdown of the marriage.           

How will our property be divided?

Division of Property

Usually a settlement of the division of property can often be reached through attorneys. However, if the division of property cannot be settled, then the court must make the determination. Under Oregon family law, assets acquired during a marriage are subject to a “presumption of equal contribution,” meaning that the court presumes that both parties have contributed equally to the acquisition of assets (whether by homemaking, child rearing, working outside of the home, investing, etc.) and that the equitable division of those assets is usually equal—50/50.  However, that presumption is rebuttable. When the presumption is successfully rebutted, the court will divide the property according to what it sees as “just and proper”.  This means the court divides the marital property as it considers fair. There are nuances in this area of the law that a divorce attorney can explain. For example, inheritances acquired during the marriage are treated differently and, under certain circumstances, will not be subject to the presumption of equal contribution. The division of retirement benefits often requires a Qualified Domestic Relations Order (QDRO) in addition to a General Judgment of Dissolution. 

Spousal Support under Oregon Law

Under Oregon family law, a dissolution of marriage judgment may order one spouse to pay the other a specified amount of support each month. This is called “spousal support.” The money can be paid in installments or all at once. In Oregon, there are three different types of spousal support:

  • transitional

  • compensatory

  • spousal maintenance

More than one type of spousal support can be ordered in a case. Transitional support is financial support intended for a spouse to obtain education or training to reenter or advance in the workplace. Compensatory support is ordered in situations where one spouse has made a significant contribution, financial or otherwise, for the other spouse’s education, training, vocational skills, career or earning capacity. Spousal maintenance allows a spouse to maintain a similar standard of living he/she had during the marriage and is generally only ordered in long-term marriages. 

The family law attorneys at DBMA Family Law Group will get you through your divorce with fierce yet compassionate advocacy.