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Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.

RESIDENCY REQUIREMENTS:

At least one party must be a resident of the state for six month prior to filing for a divorce. A petition for marital dissolution must be filed in Circuit Court of the country where either party resides.

LEGAL GROUNDS FOR DIVORCE: Fault is not grounds for divorce in the state. The only grounds for divorce are irreconcilable differences. LEGAL SEPARATION: To file for a separation, at least one party must be a resident of the state at the time the suit is commenced. The court shall determine and fix in its judgment the duration of the separation. At the expiration of such time, the judgment shall have no further effect.

The court may, within two years after the entry of a judgment of separation, convert a judgment of separation into a judgment of dissolution of the marriage, at the request of either party. [Based on Oregon Revised Statutes: Chapter 107.075, 107.465, and 107.475]

MEDIATION OR COUNSELING REQUIREMENTS: When there is a dispute by either party to a joint child custody issue, the court shall direct the parties to participate in mediation in an effort to resolve their differences concerning custody. [Based on Oregon Revised Statutes: Chapter 107.179]

PROPERTY DISTRIBUTION: Oregon is an equitable distribution state, and fault is not a consideration when dividing the marital estate. Retirement plans shall be considered part of the marital estate, and the court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. The court presumes that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held, and thus should be divided equitably. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. If spousal support is awarded in lieu of a share of property, the court shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the recipient as beneficiary for the duration of the obligation. In determining the proper division of property, the court may consider evidence of the tax consequences on the parties of its proposed judgment. [Based on Oregon Revised Statutes: Chapter 107.105]

ALIMONY /SPOUSAL SUPPORT: Spousal support may be awarded on a transitional, compensatory, indefinite basis. The following factors are taken into consideration when awarding spousal support:

* Duration of the marriage,

* The age, health, and station of each party,

* The standard of living established during the marriage,

* The relative earning capacity of the parties,

* The financial needs and resources of each party,

* The tax consequences to each party,

* Custodial and child support responsibilities of each party,

* Any other factors that the court deems relevant. [Based on Oregon Revised Statutes: Chapter 107.105]

SPOUSE'S NAME: The court may include an order to change the name of either spouse to a name the spouse held before the marriage, if it is requested by the affected party. [Based on Oregon Revised Statutes: Chapter 107.105]

CHILD CUSTODY: Custody may be awarded to either the father or the mother. The court shall give primary consideration to the best interests and welfare of the child when determining custody. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

* The emotional ties between the child and other family members;

* The interest of the parties in and attitude toward the child;

* The desirability of continuing an existing relationship;

* The abuse of one parent by the other;

* The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court;

* The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, unless a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

In determining custody of a minor child, the court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.

An order providing for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions about specific matters while both parents retain equal rights and responsibilities for other decisions. Modification of a joint custody order shall require showing of changed circumstances and that the modification is in the best interests of the child. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order [Based on Oregon Revised Statutes: Chapter 107.137 and 107.169]

CHILD SUPPORT: In ordering child support, the formula established by ORS 25.270 to 25.287 shall apply. Here are the guidelines, and you can access the child support calculator here. Child support is not required for any minor child who has become self-supporting, emancipated or married, or who has ceased to attend school after becoming 18 years of age.

HOW TO ENFORCE CHILD SUPPORT IN THE STATE OF OREGON – THE FEDERAL OPTION

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the 2008 Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

IS A LAWYER NECESSARY FOR MY CASE?

If the marriage was less then a year, you have no children, if there is no real estate, and if a marital settlement has been reached, the spouses may and should consider a fast and simplified divorce solution.

No person seeking a divorce is actually required by law to use an attorney. If a person does plan to represent themselves (not recommended) during the proceedings, they should not expect the court clerks, bailiff and/or judge to assist them or provide legal advice in any way. Most spouses do however, at least at some point, consult with an attorney before proceeding with doing the divorce themselves.

Under most circumstances, a lawyer is ethically prohibited from representing both parties in a case. This is called a legal conflict of interest. Lawyers should only represent one party. Notwithstanding, in practice many people choose to have just one lawyer handle most of the paperwork such as the legal documents, including a separation agreement. In this situation, you must keep in mind that the lawyer who drafted the documents should and usually is only be representing one party. In some states, they follow a collaborative divorce process in which the mediator/lawyer works with both parties to achieve one common goal: to reach agreement on settlement of the issues and to have that agreement reduced to a writing and then into a court order.

Most lawyers do not charge a flat fee for a divorce unless the divorce is very simple, and both parties have agreed to the division of property and custodial issues at the outset. Instead, a lawyer will usually request a cash retainer from the client, not unlike a security deposit and charge for the lawyer’s time as the case moves forward. The amount of lawyer fees is one very important factor to consider. However you should also take into account the attorney’s legal experience and the complexity of the case. Lawyers are prohibited from charging a contingent fee for a divorce. Once a fee arrangement has been made, the lawyer is in most cases must prepare a written contract reflecting the agreement if full.

If there is a great disparity of income with regards to payment of the attorney fees, a judge may determine that one person should pay for the other person’s attorney fees. Most often however, a judge determines that each party has the ability and should to pay his or her own fees.

CHOOSING THE RIGHT FAMILY LAWYER

If you have chosen to go with a lawyer you have a very important choice to make.

You could think of the process of choosing a lawyer like any other significant purchase. The same kind of careful consideration you put into a major purchase is not unlike the kinds of considerations you need to make when you are looking for the right divorce and family lawyer.

Before you start, you’ll need to choose what qualities you want in your family lawyer. There are a number of qualities that you should expect your lawyer to have. These basic qualities include:

Good standing with their state bar: In other words, the bar association which licenses the attorneys in your state considers this lawyer is fit to practice law.

No disciplinary sanctions: A disciplinary sanction is an action taken against a lawyer by the state agency that regulates lawyers. If a lawyer has a sanction, be sure to investigate, taking into account the severity of the sanction and how long ago it occurred. A sanction can be a minor reprimand, or it can be a very serious punishment like suspension or disbarment from practicing law.

Experience with cases like yours: Most lawyers concentrate in a few areas of the law such as adoption and mediation. Once you know what these areas are, it’s easier to find lawyers with the experience and skills that are relevant to your situation.

Good communication skills: Regardless of your family law case issues, you want someone who keeps you informed and stays in touch, every step of the way. Legal matters can be confusing and your attorney is your advocate and guide. Don’t settle for anything less.

Once you’ve covered the basics, you may think of other qualities you’d like your lawyer to have. A few questions to consider:

Is this lawyer’s office convenient to your home or office?

How much does the lawyer charge?

GET CURRENT WITH THE 2008 FAMILY LAW CODE OF OREGON:
http://www.leg.state.or.us/ors/107.html