Divorce Laws in Oregon - Gavel splitting up a family, house and car

Oregon Is an Equitable Distribution State

Knowing your rights before you begin the divorce process in the State of Oregon is important. Oregon is a marital property state where property is divided equitably. This means that both property and debt in a divorce or legal separation is usually divided. Achieving an equitable division can make filing for divorce a bit more complicated. Making a mistake early in the process may prove costly for an individual filing for divorce. Having an experienced divorce attorney is imperative in an equal distribution state. Finding the right equitable distribution requires both parties in a divorce to share all information about property and debts. Property is also referred to as assets and debts as liabilities.

What Is Considered Property in Oregon Divorce Laws?

There are two major categories of property or assets: real property and personal property. Buildings and land are considered real property. The home you own and the land on which it sits fall into this category. Stocks, bank accounts, retirement accounts, cars, furniture, etc. are all considered personal property. If you rent your home this is not considered real property. A mobile home on rented landed is considered personal property. Sitting down with an Eggert Law Firm Attorney can help you define and appropriately value your real property and personal property. In a divorce proceeding, if one party will keep the home, the other must somehow receive compensation for their share of the equity of that home. We can help you confidently navigate this process and any resulting negotiations.

All family arrangements are unique. Some couples have property listed in their individual names. Other couples might have all, or most of the property and debts held jointly or in both names. Working with an attorney can make sure that the law protects you rather than works against you in either of these cases. If your spouse is spending money, once a divorce is filed and the papers are served, a statutory restraining order for your finances is in effect. If one partner is not adhering to this order, court action may be taken. Working with a divorce attorney can help you protect your family and assets, while also expediting the process.

Spousal Support in Oregon

There are three types of spousal support in the state of Oregon. These are called transitional support, compensatory support, spousal maintenance support. Transitional support is designed to help a spouse receive education or training, to reenter the workforce or enhance earning capacity. Compensatory support is a repayment of sorts when one spouse has made a significant contribution to the other’s education, career, etc. This investment is not solely defined as monetary. For example, if you provided childcare in the home so that your spouse could achieve a higher earning capacity you may qualify for this type of spousal support. Lastly, spousal maintenance is to help maintain a certain quality of living after the dissolution of your union. You may qualify for one, or more of these types of support depending upon your unique situation.

Children’s Rights in Oregon Divorce Laws

If divorce law is complicated, child custody and visitation can be an even more difficult situation to navigate. Eggert Law Firm focuses on both divorce and family law to make sure that you have the comprehensive coverage you need to protect your family. With our team you can negotiate your custody and visitation arrangement. Your family, and their needs are unique, so too should be your parenting plan and arrangement after divorce.

Going through a divorce on your own can bog you down in the here and now. After all, divorces, especially with children, can be complicated matters. Hiring a team of experienced professionals can ensure that your whole family is covered both now and in the long run. We’ll help you cover all your bases from day-to-day finances, covering medical expenses, and set up your children’s future with a comprehensive arrangement.

Don’t go it alone through a divorce; hire an experienced family law and divorce attorney from Eggert Law Firm to help you! Contact us today to learn more. 


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