Information about divorce in Oregon: FAQS for Oregon Divorce Lawyers

FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE IN OREGON: information about Divorce in Oregon


  1. How Much Does it Cost to get divorced in Oregon?

On this page you will find a listing of court filing fees for divorce cases alphabetized by state.

2. How long does divorce take in Oregon?

On average, one year.

3. How does the court decide custody?

There is no presumption. The standard is best interest of the child. The court could even ask the child which parent they want to live with. The court considers other factors such as the relationship between the parent and the child or which parent can best foster a healthy relationship with the non custodial parent; etc.

4. Can I get my spouse to pay attorney’s fees?

Yes if your spouse makes considerably more than you do and you have a financial need, the court can be persuaded to award attorneys fees to you.

5. If the court appoints a lawyer for the children who pays?

Usually the parents. It depends on your financial situation though so one of you could be on the hook more than the other. But the bill goes to the warring spouses for the child’s attorney if the court appoints an attorney for the child.

6. What are the grounds for divorce.

Irreconcilable differences. That is what everybody uses. There are a couple of fault based grounds but its really all about irreconcilable differences in Oregon.

7. What are the residency requirements for filing for divorce in Oregon?

You have to have six months of residency – either you or your spouse.

8. How is property division handled in Oregon?

Oregon is an equitable distribution state. So it is not necessarily going to be 50/50 although it could be if the court deems a fifty fifty split “fair.”

  1. Is it possible to keep my married name after divorce in Oregon?

Yes. Just don’t change it. If you do want to change your married name, you have to request it in the divorce papers. And the judge will say yes 99 percent of the time.

10. Does Oregon award alimony and spousal support and if so on what basis?

Yes the court awards spousal support usually on a temporary basis.

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