5 Unexpected Divorce Laws in Oregon

Posted on October 31, 2014 11:05am

You may think you know the basics of divorce and family law, but most states are known to have a few obscure laws that individuals will try to use in various cases. While the laws do not affect most cases, there are a few that you should be aware of to avoid confusion or complication in your own divorce.

Here are the top five divorce-related laws in Oregon that you may not have expected:

  1. You may be ordered to carry life insurance with your ex-spouse as a beneficiary, even after a divorce. This coincides with spousal support rulings and may only be adjusted if you explicitly tell the judge you would like to divest your spouse of their rights prior to the final divorce judgment.
  2. You may be able to collect retirement benefits from your former spouse's Social Security if you qualify. While not everyone will be eligible, it could be important to keep in mind when considering financial standings.
  3. If your divorce is not finalized before December 31, you and your spouse will have to file taxes as married, even though you are divorcing. However, you will still get to choose whether you file jointly or separately.
  4. If you began a common-law marriage in another state and then moved to Oregon, you will not be able to get a standard divorce from an Oregon court, as the state does not recognize this type of union as valid. You will either have to come to an agreement with your partner on how property, child custody, and spousal support will be divided, or move to a state that recognizes common-law marriage.
  5. If you or your spouse is pregnant, your divorce cannot be finalized until the child is born, as the court will need to determine child custody and support matters after the birth using a Social Security number and other information.

Have more questions about Oregon divorce laws? Speak with an attorney from McKinley Irvin at your earliest convenience.

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