Oregon divorce laws prioritize the child’s best interests in custody decisions, use equitable distribution for property, and award spousal support based on specific factors without a strict formula.
Child Custody
Oregon courts require a parenting plan in divorces involving minor children, outlining physical custody (where the child lives), legal custody (decision-making on education and health), and parenting time. Joint legal custody requires both parents’ agreement; otherwise, the court awards sole custody to one parent based on the child’s best interests, considering factors like emotional bonds, primary caregiver history, each parent’s willingness to support the child’s relationship with the other parent, history of abuse, stability, and the child’s preference if mature enough. No gender bias exists, and income or lifestyle only matters if it harms the child; courts favor arrangements promoting safety and stability.
Spousal Support (Alimony)
Oregon recognizes three types: transitional (short-term for job training or workforce re-entry), compensatory (reimbursing one spouse’s career sacrifices for the other’s benefit), and maintenance (longer-term for long marriages or health issues to maintain living standards). Courts weigh factors like marriage duration, ages, health, earning capacities, standard of living, tax consequences, child responsibilities, and training needs—no formula applies, but case precedents guide estimates. Support ends on remarriage, death, or cohabitation; modifications occur for substantial changes like income shifts.
Property Division
Oregon follows equitable distribution, dividing marital property fairly (not always equally) without fault consideration, factoring in contributions (including homemaking), retirement benefits, taxes, liens, and support awards. Separate property (pre-marital or gifts) typically stays separate; courts value assets then allocate based on needs and equities.
Court Decision Process
Parents often agree on parenting plans, property, and support via settlement, which courts approve if child-focused. Contested cases go to trial where judges apply Oregon Revised Statutes (e.g., ORS 107.105, 107.137), using evidence like finances, witness testimony, and expert reports to decide custody, support, and division for fairness and child welfare. Consult a local attorney, as laws evolve and cases are fact-specific.
