Divorce Law in Eugene, OR

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.

Are you facing a costly divorce in Eugene, Oregon? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved in Eugene, Oregon Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property 

One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like Oregon, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt,  and other assets.

Child Support 

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.

Under Oregon law, child support is calculated based on the combined incomes of both parents. A Eugene court will use a formula to determine the payment amount that each parent is responsible for. If you don’t pay your child support, Oregon’s Child Support Program can garnish your wages or seize your property. In addition, you could lose your driver’s license or even go to jail on contempt charges.

Alimony 

Alimony, or spousal support, can vary dramatically depending on the marriage, and Eugene, OR divorce law court looks at multiple factors when determining the amount and length of alimony, including:

• A spouse’s need and the other spouse’s ability to pay
• The age and health of each spouse
• The length of the marriage
• Each spouse’s earning capacity and level of education
• The division of property
• Parental responsibility of the children
• Sole investments and assets of either spouse

Oregon law permits several types of spousal support for Eugene divorces. Short or mid term marriages most often result in transitional support. This support is for a limited time while the dependent spouse obtains education or training to become self-sufficient. In addition, a spouse who financed their partner’s education may be able to request reimbursement. Less commonly, permanent spousal maintenance can be ordered. This is typically reserved for long term marriages, and allows the supported spouse to maintain their current standard of living.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

Under Oregon statute, there are numerous factors that a Eugene court must consider when determining custody. Some of these include:

• The emotional ties between the child and family members, and the desirability of continuing those relationships

• The preference of the child’s primary caregiver

• Any child or spousal abuse by either parent

• The willingness of each parent to encourage a relationship between the child and the other parent

Eugene judges are not limited to these factors, and can consider any information relevant to the best interests of the child.

Generally, Eugene, Oregon courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Eugene, Oregon

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

• A legal reason for divorce (grounds for divorce)
• A statement that shows at least one spouse meets the state’s residency requirements for divorce
• Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

No-fault divorces are permitted in Eugene, based on a claim of irreconcilable differences. In fact, Oregon has abolished fault divorce, so all divorces are no-fault.

Step 2: Request Temporary Orders

The divorce law process in Eugene can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

• Child custody
• Child support
• Spousal support
• Property restraining orders
• Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third-party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Eugene, OR judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties. 

Eugene divorces are handled by the Lane County Circuit Court. At least one of the spouses must have lived in Oregon for the 6 months prior to filing.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.

Work With an Experienced Eugene, Oregon Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Eugene divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Oregon state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!