How are assets divided in a divorce in Oregon?
How are assets divided in a divorce in Oregon?
Property and debts can be distributed in a divorce or legal separation. Oregon is an equitable distribution state. The statement includes information about all real property, personal property and debts acquired both separately and jointly by the parties, before and during the marriage.
Is Oregon a 50/50 divorce state?
Oregon is an equitable distribution state and will divide all marital assets in a fair and equitable way. This does not necessarily mean that assets will be divided equally on a 50/50 basis. Before this happens, the determination must be made as to what constitutes marital property and constitutes separate property.
Who gets the house in a divorce Oregon?
In Oregon, the court will presume that the spouses contributed equally to the acquisition of most property during marriage, regardless of what title says. Property acquired equally will be split equally. The only assets left out of this presumption are gifts to one spouse that are always kept separate.
How is spousal support determined Oregon?
Unless a couple mutually agrees, only the court can determine and order the amount of spousal support required. Oregon courts generally consider the age and health of each spouse as well as the length of the marriage when determining the duration of spousal support.
What does spousal support include?
What does spousal maintenance or alimony include and how it is calculated? Spousal maintenance may be paid from one spouse to another and should provide for the reasonable monthly expenses of the obligee spouse so that spouse may maintain the same marital standard of living he or she enjoyed during the marriage.
Does it matter who files for divorce first in Oregon?
Does it make a difference who files for divorce first in Oregon? The person who files for divorce first is called the “Petitioner.” This is because the original filing is called a “petition.” The party who responds to the petition is called the “Respondent.” There is absolutely no legal significance in who files first.
How long does it take for a divorce to be finalized in Oregon?
Divorce in Oregon usually takes less than 2 weeks from the filing of the Co-Petition or 5-6 weeks from the time the spouse is served in a Single Petition Divorce. At the end of the 2-6 week period, a Judge will sign the Divorce Decree and you will be sent a copy. We provide the waiver for any applicable waiting period.
Is adultery a crime in Oregon?
As Oregon is a no-fault divorce state, adultery has no bearing on whether or not you will be granted a divorce. In fact, unless it directly relates to a decision the court has to rule on, you may not even be allowed to testify about any wrongdoings on the part of your spouse.
Does cheating matter in divorce?
When Does Cheating Matter? Sometimes, adultery does become a factor in a divorce decision, even in a no-fault state. Property Division – If the cheating spouse used marital assets or property to enhance the affair and it depleted marital assets, a judge may take that into account during property division decisions.
