Filing for Divorce in Oregon

• Your spouse was married to another person at the time that he or she married you.
• You and your spouse are first cousins or more closely related.
• One of you was incapable of really agreeing to marriage because you were not of legal age or could not have understood what you were doing.
• You agreed to marry your spouse because you were forced to, or your spouse committed fraud to get you to agree to marry him or her.  

But if you were not married in the state of Oregon or you are filing on the ground of irreconcilable differences, you or your spouse must have been a resident of the state for at least six months before filing. You must file in the county in which you or your spouse lives.  

• Your spouse was married to another person at the time that he or she married you.
• You and your spouse are first cousins or more closely related.
• One of you was incapable of really agreeing to marriage because you were not of age or could not have understood what you were doing.
• You agreed to marry your spouse because you were forced to, or your spouse committed fraud to get you to agree to marry him or her.
• Irreconcilable differences between you and your spouse have caused a breakdown in your marriage, and there is no hope of saving it.  

The court does not need to hear about specific acts of misconduct on the part of you or your spouse unless they’re relevant to child custody or evidence is necessary to prove irreconcilable differences.  

4. How does Oregon determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will divide your property in whatever way it decides is just and proper.  

In Oregon, a retirement or pension plan is considered property. The court also will consider any contributions by you or your spouse as a homemaker in acquiring marital assets. The court assumes that each of you has contributed equally to the acquisition of your property during your marriage, regardless of whose name is on the title. The court will not factor in who is at fault in your divorce when dividing your property.  

The costs associated with selling your assets will be factored in to your division of property. Spousal support (alimony) may be awarded as property.  

5. Does Oregon require mediation before a divorce is granted?  
Mediation is not always a requirement, but if you disagree over child custody or visitation, the court likely will order you to undergo mediation. The court outlines several possible scenarios. It might:

• Order mediation before your trial and postpone your case. Custody will only be tried by the court if you and your spouse can’t work things out through mediation.
• Order mediation before your trial and continue to rule on other topics while you and your spouse are in mediation. Custody is tried by the court separately if you and your spouse can’t work things out through mediation.
• Handle all issues in your case and order mediation after your trial, postponing the final judgment until you complete mediation. It will then resolve custody if you and your spouse have not done so already.