Dedicated Washington County Family Law Attorneys Committed to Ensuring Our Clients’ Interests Are Protected At Every Stage of the Process
The decision to pursue a divorce is not one that can be taken lightly. Chances are, if you’ve arrived at this point, it may feel like your journey has been a long one; however, it is far from over. That said, the divorce process is rarely easy, but it doesn’t have to be overly complex or contentious, either. At the Beaverton divorce law firm of Gearing Rackner & McGrath, LLP, our knowledgeable team of divorce lawyers has decades of experience helping clients through their divorces. We understand what we need to do to make the process as easy on you as possible while protecting your interests and minimizing your expenses.
What Is Oregon’s Divorce Rate?
When going through something as challenging as a divorce, it may help to know you are not alone. And indeed, divorce is fairly common. According to available data, Oregon's divorce rate is somewhat comparable to the national average, which as of 2019 was around 2.7 per 1,000 population, according to the Centers for Disease Control and Prevention. Overall, Oregon ranks 14th in the United States for the most divorces.
The Oregon cities with the highest divorce rates are:
- Baker City
- Creswell
- Eagle Point
- Junction City
- Molalla
- Pendleton
- Seaside
- St. Helens
- Tillamook
- Umatilla
As of August 2023, there have been 779 divorces in Washington County, Oregon. Thus far, there have been more Washington County divorces than in any other county in Oregon.
Like the rest of the nation, Oregon has seen a gradual decline in divorce rates since the 1980s, a trend that some experts attribute to various factors, including changes in social norms and increasing average age at first marriage. Interestingly, studies have shown that couples who marry at an older age are generally less likely to divorce than those who marry young.
Types of Oregon Divorces
Oregon law offers several different types of divorce. What type of divorce makes the most sense in your situation will depend on a variety of factors, including how well you and your current spouse can work together, the amount of marital property you own, whether you have children or own a business, and whether either spouse is pursuing a fault-based divorce.
The types of divorce in Oregon include:
Uncontested Divorce
This is the simplest form of divorce and occurs when both parties agree on all terms, such as child custody, spousal support, and division of property. An uncontested divorce typically moves faster through the court system and costs less than other types. Usually, both parties file the necessary paperwork together and may not even need to appear in court.
Contested Divorce
When spouses cannot reach an agreement on one or several issues, they may need to go through a contested divorce, which is the most complex and time-consuming type. In such cases, both parties may need to go through several stages, including pre-trial motions and hearings, discovery, negotiation, and, potentially, a court trial. Contested divorces are usually expensive due to attorney fees and extended court involvement.
Default Divorce
A default divorce occurs when one spouse files for divorce but the other fails to respond within a specific period, usually 30 days in Oregon. In such cases, the court usually grants the divorce and may give the filing spouse everything they requested.
Collaborative Divorce
In a collaborative divorce, both parties hire attorneys trained in collaborative law. The goal is to work out an agreement without going to court. If the couple cannot reach an agreement, they must both hire new attorneys and start the process over. This option can save money and stress, but it requires a level of cooperation that may not be possible in every situation.
Legal Separation
While not a type of divorce per se, legal separation allows couples to live separately while still remaining legally married. Couples may opt for this for various reasons, such as religious beliefs or insurance benefits. A legal separation can be converted into a divorce after a specific period in Oregon.
Mediated Divorce
Mediation involves a neutral third party facilitating negotiations between the divorcing spouses. Mediation can be less contentious and less expensive than a contested divorce.
No-Fault Divorce
Oregon is a no-fault divorce state, meaning that either party can file for divorce without proving that the other spouse did something wrong. This usually simplifies the process as there is no need for evidence or testimony about marital misconduct.
Online Divorce
Technological advances have made it possible for some couples to complete their divorce paperwork online. However, this option is generally only viable for uncontested divorces where both parties agree on all terms.
Of course, your situation may not fall neatly into one of these categories, and that’s okay. By working with an experienced Beaverton divorce lawyer, you can get a better sense of what type of divorce may work best for your particular situation.
How Do Oregon Courts Divide Marital Property During a Divorce?
Oregon is an "equitable distribution" state when it comes to dividing marital property during a divorce. This means the division of property aims to be fair and equitable but not necessarily equal. Here are some of the key points:
Identifying Marital and Separate Property
The first step is usually identifying which assets are marital property and which are separate property. Marital property generally includes assets acquired during the marriage by either spouse. Separate property typically consists of assets one party owned before the marriage, gifts, inheritances, and personal injury awards. In some cases, separate property may become "commingled" with marital property, complicating the division process.
Equitable Division
In Oregon, equitable division does not necessarily mean a 50-50 split. Instead, the court looks at a range of factors to determine a fair division of assets. These may include the length of the marriage, the age and health of both parties, their earning capacities, and their contributions to the marital estate (which could be financial, educational, or homemaking contributions).
Real and Personal Property
Real property, like houses, and personal property, like cars and furniture, are generally subject to equitable distribution. If the couple jointly owns a house, the court might order its sale and divide the proceeds, or one spouse might be allowed to keep the house but will usually have to compensate the other.
Retirement Benefits and Debts
Retirement accounts, pensions, and other deferred compensation earned during the marriage are presumed to be marital assets and subject to a just and proper division. Debts incurred during the marriage are also subject to division, but factors like which spouse incurred the debt and for what purpose may be considered. Assets and liabilities acquired prior to the marriage are not subject to these presumptions.
Prenuptial and Postnuptial Agreements
If you have a prenuptial or postnuptial agreement, this document may largely dictate the division of property, as long as the agreement is deemed valid and enforceable by the court. However, if your spouse claims that a pre-marital agreement or post-marital agreement is not valid because they were coerced into executing the document, the Court may not give it any legal effect.
Court Discretion
Ultimately, Oregon courts have broad discretion in property division matters. They may take into account factors not explicitly listed in the law to achieve a fair result. Legal counsel is often crucial to navigating the complexities of property division during divorce.
Note that laws and precedents can change, so it's essential to consult a Beaverton family law attorney at Gearing Rackner & McGrath, LLP for personalized advice.
What Issues Should I Expect When Going Through an Oregon Divorce?
Most people going through a divorce recognize they will need to deal with issues surrounding the division of marital property; however, there are many other decisions that must be made along the way. In many cases, departing couples are able to work out some of all of these issues; however, any issue for which there is not an agreement must ultimately be decided by the court.
Some of most common issues that come up in an Oregon divorce include the following:
Child Custody and Parenting Time: If the couple has minor children, the court will need to make determinations regarding which parent gets custody and how parenting time is allocated.
Child Support: Financial support for minor children is usually determined by a formula but can be adjusted based on circumstances.
Spousal Support: Also known as alimony, this is financial support paid by one spouse to the other. The court will look at a variety of factors, including the length of the marriage, each party's income and financial needs, and other relevant circumstances.
Debt Division: Marital debt will need to be divided between the spouses. Like property, this division aims to be "just and proper."
Legal Fees: The court may order one party to pay some or all of the other party’s attorney fees, depending on the financial resources of both parties.
Restoration of Former Name: If either party changed their name upon marriage and would like to revert to their former name, the court usually accommodates this request in the divorce decree.
Restraining Orders: If there are allegations of abuse, a restraining order may be issued against one of the parties.
Health Insurance: How to manage current health insurance coverage can also be an issue, particularly if one spouse is covered by the other spouse's plan.
Tax Considerations: Who gets to claim children as dependents, how joint assets are to be divided without incurring undue tax liabilities, etc., might also need to be sorted out.
Future Dispute Resolution: Some divorce decrees include mechanisms for resolving future disputes between the parties, such as mediation or arbitration clauses.
Other Specific Provisions: Sometimes, a divorce decree will address other issues unique to the marriage, such as care for a child with special needs or how family pets are to be cared for.
If you're dealing with divorce proceedings, you should consult with a qualified family law attorney at Gearing Rackner & McGrath, LLP to get customized legal advice tailored to your specific situation.
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Are You Contemplating Filing for Divorce in Beaverton, OR?
If you believe that divorce is on the horizon, now is the time to gain a better understanding of the process so you can be prepared when the time comes to move ahead with finalizing your divorce. At the Beaverton divorce law firm of Gearing Rackner & McGrath, LLP, we have over 100 years of combined experience helping our clients navigate the divorce process. We take pride in providing our clients with effective, actionable advice that they can rely upon. We are also savvy negotiators who see the value in working out potential problems without the need for litigation. However, as seasoned litigators, we will always be prepared to take your case to court if that’s what is required to reach your desired outcome. To learn more, and to schedule a confidential consultation, give Gearing Rackner & McGrath, LLP a call at 503-222-9116. You can also reach out to us through our secure online contact form.