Oregon State
Annulment, Divorce & Legal separation

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Parenting Classes. January 16, 2008- Many counties in Oregon require parents to complete a parent education class before a judgment can be entered in cases involving custody and parenting time of children. Locate and get information on how to contact a Parent or Child Divorce Education Program in your county by using this list. See: Parent And Child Divorce Education Programs in Oregon.

Divorce. A divorce is a way of legally ending (dissolving) a marriage. After you have gone through all the steps in a divorce, you will get a divorce decree (also called a "Judgment of Dissolution of Marriage"), which is an order signed by a judge. The divorce judgment will usually state:

• The date your marriage ends;
• Who gets custody of the children and when the other parent sees them;
• Who pays child support and how much;
• If health insurance for the children will be paid and who will pay it;
• Who should pay past bills;
• How property (including retirement benefits) will be divided;
• If one spouse must pay support to the other (spousal support or alimony).

Divorce vs. Legal Separation. The main difference is that you are still married after a legal separation, so you cannot marry someone else. Also, you still have the right to inherit property “automatically” from your spouse if you are legally separated. If you are divorced you lose that right.

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Annulment. Annulment is a way of legally ending, or canceling, a marriage. You can get an annulment only in very special cases. For example, you can annul your marriage if one of the spouses is already married or not old enough to legally marry. You cannot get an annulment just because your marriage is only a few days old or because you have not had sex with this spouse. Court costs for an annulment are about the same as for a divorce.

In Oregon annulment of the marriage is sought on the grounds that:

The marriage is void because:

1. Husband or Wife was currently married to a living spouse when the parties married.
2. The parties are first cousins or more closely related by blood or by adoption.

The marriage is voidable and not afterwards ratified because:

1. Consent was obtained by fraud.
2. Consent was obtained by force.
3. One or both of the parties was incapable of entering into a contract of marriage or giving consent due to insufficient age or understanding.

Residency Requirements. In almost all cases, either you or your spouse must have lived in Oregon for six months before filing for divorce.

Locating Your Spouse. You will have to prove to a judge that you have tried in many ways to find your spouse before a judge will let you go ahead with the divorce. If your spouse can't be found for personal delivery of the divorce papers, you will be able to end your marriage and (usually) get custody decided, but you will probably not get child support or any divorce terms which require your spouse to pay money or do something (such as transferring title to property).

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County. You must file with the Circuit Court Clerk's office at the local county courthouse.

Length of time. An uncontested divorce (where you and your spouse do not disagree about the terms of the divorce) can be final approximately three months after the divorce petition is filed and delivered to your spouse. You may be able to reduce this time if the judge thinks you have a very good reason. If you and your spouse have agreed on the divorce terms and both signed the proposed final judgment, the judge can consider this a reason to waive the waiting period. A contested divorce (where you and your spouse are arguing about the terms of the divorce), could take much longer than three months because court hearings may be needed.

Property and Debts divided by you and your spouse. You and your spouse can agree on the division of property and debts. The judge will probably make your agreement part of the divorce judgment. If you do not agree, the judge will divide property.

The divorce judgment will probably state which spouse should pay the debt. But you both are responsible for making sure that the creditor gets paid. When you made the purchase you both agreed to pay, and a divorce judgment does not change the creditor's right to expect payment from both of you. If the bill is not paid, a creditor can ask for payment from both spouses. The creditor can also file a lawsuit against either one or both of you for the unpaid bill.

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Property and Debts divided by the court. If you do not agree, the judge will consider many factors such as:

• Where the property came from (gift, inheritance, purchase);
• If one spouse owned it before the marriage;
• If the spouses kept their money in joint bank accounts;
• How much money each spouse is making now and is expected to make in the future;
• Whether it would make sense for a specific item to go to the parent with custody. The law assumes that a spouse who cared for the couple's home and children has an equal right to have the property that the couple bought or was given during the marriage. This "equal right" rule also applies to the increased value of assets that were owned before the marriage. But one spouse can try to convince the judge that there are good reasons not to follow this rule in your case.

I bought our car and most other property with my income. Unless the spouses agree on what property is to be divided, the judge will divide all of the property that the couple owns -- any land or houses, motor vehicles, home furnishings, money in bank accounts, stocks and bonds, pensions and retirement benefits, lawsuit settlements, etc. The judge can even divide property owned by a spouse before the marriage, but usually it is given to that spouse. The judge also decides which spouse should pay which debts. If the spouses were living together when one spouse made the purchase, the other spouse is usually also responsible to the creditor and could be sued, too. The exceptions are for business expenses and loans of money. If the spouses were separated when one spouse signed for the debt, the other spouse is not responsible to the creditor unless the debt is for the children's education, health, or support needs.

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Affair. Oregon has "no fault" divorce. The only reason you need is that you and your spouse cannot get along, and you see no way of settling your problems. The law calls this "irreconcilable differences."

Spousal Support. Under new laws passed in 1999, there are three different types of spousal support, and each has a different purpose. A dissolution judgment must label the award (more than one type can be ordered in the same case) and include facts that show why the award is appropriate.

1. For transitional support, the judge looks at what support is necessary to help the spouse get an education or training to re-enter or advance in the job market.
2. For compensatory support, the judge decides what will repay a spouse for a major financial or other contribution to the education, career, or earning ability of the other spouse.
3. For spousal maintenance, the judge considers what support is appropriate to keep a standard of living similar to what was enjoyed in the marriage. This support could be ordered for a specific time, or permanently. Many factors affect this decision.

Your divorce judgment or spousal support judgment will say when spousal support ends. Depending on its purpose, support is sometimes ordered for a few years, sometimes until the spouse dies, and sometimes just until the spouse who gets support finds a job. Spousal support does not always end when the spouse who is getting support remarries.

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Tax Information.

• Child Support: You do not have to pay taxes on child support payments you get and you cannot deduct child support payments you make.
• Exemptions: For recent divorce and custody cases, the parent who has legal custody has the right to claim the child as a dependent for tax purposes, but can sign a form to give the other parent this right. For older cases, the rules are different. For more information about exempts you should talk to a lawyer or call the IRS.
• Spousal Support: You have to pay taxes on spousal support payments you get and you can deduct spousal support payments you make. The Internal Revenue Service has special rules about what payments qualify as spousal support for tax purposes.
• Property Transfers: There are special tax rules about property transfers. For information about taxes, you can talk to a lawyer, accountant, tax preparer, or the IRS Taxpayer Information Service listed in your phone book.

Changing Names.

• Can spouse change their name? Yes. The judge must give you back a former name if you ask for it in a divorce.
• Can I change my child's name in a divorce? Even if the mother gets custody and changes back her name in the divorce, the child most often keeps the name that is on the birth certificate. Many divorce judges will not change a child's name in a divorce case, especially when the other parent disagrees.
  
  If you want to change your child's name, you can file a separate legal case. The other parent of the child must be told about this lawsuit by receiving legal notice. The judge will allow the name change only if it is in the child's best interest.
  
  It may also be possible to change your child's name without going to court.
• What if I want a completely new name for myself or child? You can't do it in a divorce. However, it is legal to just start calling yourself or your child by a new name as long as you are not doing it for an improper purpose (like to hide from creditors or to avoid the police). It is often better to file a separate name change case so you will have a court judgment you can use to change your identification. A name change done without going to court very often creates serious problems with Social Security or other government agencies, and might make it hard for you or your child to get benefits that you're entitled to.
• Does my child have to have the father's last name? Parents often agree that their child will have the father's last name, but they can give their child any last name they want. If the parents can't agree, a judge can decide, but this usually happens only when the parents are unmarried. A father establishing paternity of the child does not have an automatic right to have the child bear his name. The judge can decide, based on what is best for the child.

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Grounds for divorce. Oregon has "no fault" divorce. The only reason you need is that you and your spouse cannot get along, and you see no way of settling your problems. The law calls this "irreconcilable differences."

Can my spouse keep me from getting a divorce? No. Your spouse cannot stop you from getting a divorce. But your spouse can contest (disagree with you about) issues in the divorce, such as child custody and support, spousal support, and property division. This can delay the divorce. In some counties, your spouse can ask the judge to postpone your divorce and order both of you to see a counselor.