Common Concerns When Filing for Divorce in Oregon
Deciding to follow through with divorce can be stressful, which is why it is important to become familiar with what to expect throughout the legal process. Here are three important legal matters that parents and spouses need to be aware of if they plan to file for divorce in Oregon.
Obtaining a Restraining Order
If you want to get divorced because your spouse physically abuses you or threatened to abuse you, then you can petition for a restraining order under the Oregon Family Abuse Prevention Act. As part of the terms of the restraining order, you can ask the court to remove the abusive spouse from your residence. It is important to note that if you are married to the abuser, your name does not have to be on the lease or deed to request a removal from the residence.
Oregon is not a community property state, instead, it is an equitable distribution state. This means that courts in the state view the property as belonging to the individual spouse who earned it. While there are no set rules for dividing property among spouses, the court is tasked with dividing the assets between both parties in a fair and equitable manner.
There are two types of property: separate property and joint property. Separate property refers to the property each spouse acquired individually before they married. Joint property refers to all of the property the spouses acquired or earned during their marriage. Courts in Oregon presume that both spouses contributed to any assets they acquired during the marriage. However, if both parties reach an agreement regarding property division, the court will generally accept it as long it doesn’t favor one party too much.
Child support is the money that one parent must pay to the other parent to assist with food, housing, clothing, medical care, daycare, and other expenses for their children. To enforce child support, you must obtain an order from the court that is signed by a judge or hearing officer. Courts consider the following to determine how much child support should be paid:
- Each parents’ income
- Whether a parent has other children outside the marriage to support
- Parenting-time schedules
- Work-related daycare costs for the children
In Oregon, child support must be paid until the child turns 18 years old. 18-20-year-old children can still receive support if they are going to school or a job training program at least half time.
Compassionate & Experienced Divorce Lawyers
The talented legal team at McKinley Irvin is here to listen to your concerns and answer your questions regarding filing for divorce in Oregon. Our diverse team of dedicated legal professionals will work closely with you on your case to pursue a fair result and ensure your best interests are protected throughout the legal process. Contact us to set up a consultation.