Oregon Family Law

 
 

Oregon family law is governed by Oregon statutes and case law that deal with family related legal issues, including marriage, cohabitation, separation and divorce, child custody and parenting time, division of property, support, and protection from abuse. Although many family law disputes begin with a high level of acrimony, a substantial majority are settled by the family law attorneys without the need for a judge to decide the issues.

What are the most common family law issues?
Family Law Attorneys primarily deal with divorce-related issues.

In Oregon, divorce is called “dissolution of marriage.” A dissolution of marriage begins when one spouse, through his or her 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. 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.

Division of Property

Most Oregon divorce lawyers are able to reach a settlement of the division of property. 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,” which means the court divides the marital property as it thinks fair.  There are nuances in this area of the law that your divorce attorney will explain to you. For example, inheritances acquired during the marriage are treated differently and, under certain circumstances, will not be subject to the presumption of equal contribution.

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, towards 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. 

Child Custody under Oregon Law

Under Oregon law, “custody” refers to legal custody. Legal custody determines who will have final authority to make major decisions. Major decisions include, but are not limited to the child's religion, education, health care, and where the child lives. Two common types of custody in Oregon are joint custody and sole custody. Parents must agree to joint legal custody; the court cannot order joint legal custody over the objection of either parent. If the issue of custody is litigated, the judge will order sole legal custody to one parent. 

A judge's primary consideration in deciding how to award custody is based on the best interests of the child. To determine the best interests of a child, the court will look at these factors:

  • The emotional ties between the child and other family members

  • The parental interest in and attitude toward the child

  • The desirability of continuing an existing relationship

  • The abuse of one parent by the other

  • The child’s preference for the primary caregiver if that caregiver is deemed fit

  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

A judge cannot give custody to a parent just because the parent is the mother or father of the child. Also, the judge will consider the conduct, marital status, income, social environment or lifestyle of a parent only if it is shown that those factors are causing or may cause emotional or physical harm to the child. Judges usually are reluctant to separate siblings.


Parenting Time under Oregon Law

Parenting time addresses when the children will be in the care of each parent. A parenting plan, whether agreed to by the parents or ordered by the court, must spell out the minimum amount of time each parent will have with a child. In many counties in Oregon, before a court will make a decision regarding custody or parenting time, the court requires parents to attempt to work out a plan through mediation. If the parents cannot agree, the court will make parenting time decisions.

Most of the time, under Oregon family law, no matter who has custody, both parents have the right to access the child’s school, medical, dental, police and counseling records. Usually both parents are able to authorize emergency medical care. Oregon law requires most parenting plans to restrict a party from moving more than 60 miles from the other parent without notifying the other parent and the court before the move.

A parenting plan may be changed if it is in the best interests of the child.


Child Support under Oregon Law

The Oregon Child Support Program, which is part of the Oregon DOJ Division of Child Support, strictly adheres to a set of program and guideline administrative rules, authorized by the Oregon legislature, for all child support cases.

  • Program rules – Ensure that every action and administrative policy applied by the Oregon Child Support Program is consistent with federal and state law.

  • Guideline rules – Determine how much money each parent should contribute for the care of their child.

In Oregon, most parents pay child support by payroll deduction. Employers withhold the support amount from the paycheck of parents who pay support and forward it to the Oregon Child Support Program. The Oregon Child Support Program passes the payment along to the parent receiving support. Employers may charge a fee of up to $5 a month per case to the employee. There are other options for child support payment arrangements which a custody lawyer can explain.

Complex Oregon Family Law Cases

Complex Oregon family law cases often require the use of a team of professionals, in addition to a family law attorney, including tax professionals, custody evaluators, forensic accountants, commercial and residential appraisers, and vocational experts. In some Oregon counties, complex family law cases are given a complex case designation and assigned to a single judge from the outset.

The family law attorneys at DBMA Family Law Group are highly experienced in the area of Oregon family law.  Whether it is an uncontested matter requiring an attorney to draft pleadings, or a highly contested complex family law dispute, or anything in between, DBMA Family Law Group provides superior legal services to resolve all manner of family law disputes.