The Divorce Laws in Salem, OR

Like any other state, one of the first problems in filing for divorce is the place of residency of the individuals in question. If the area of residence does not fall within the jurisdiction of the specified court, then the case cannot be heard and consequently, it will be dismissed.

The divorce laws in Salem, OR, state that at least one of the two persons must have been residing in the state of Oregon for a minimum of six months before the time that the petition is filed. On the other hand, if the marriage had taken place within the state of Oregon and either one of the spouses resided here, then the dissolution of the marriage can be filed here with no problems as such. However, the petition must be filed at the respective county where either the resident or the respondent has a residence. Listed below are some divorce laws for Salem, OR.

Eligibility to file for divorce

According to the divorce law of Salem, OR, there are two categories where one can file a petition for the dissolution of marriage.

First is the "No-fault" category which says,  "Either party may cite irreconcilable differences between the parties that have caused a permanent breakdown of the union".

The other category is the "Fault" category which states that "A marriage can be dissolved if one spouse is found to have been incapable of making a contract or consenting to one due to lack of legal age or sufficient comprehension of such. Fault can also be claimed if the consent of either party is found to have been obtained by fraudulent or forceful means".

Division of Property

The distribution of property as per the divorce laws of Salem, OR, are said to be equitable which may not equal but is justified as a fair distribution. However, the court always advises that the couple come to a reach an equitable distribution of the property on their own. If the individuals are not able to reach a mutual decision on the division of the property the court will then take the liberty of dividing the property in the best proportion according to it. The court will also take for granted the fact that both the spouses have had an equal contribution to the marriage and the properties in question and consequently divide the properties appropriately.

Child Custody

When there is a minor child who is involved in the filed petition for the dissolution of marriage, the court makes special efforts to ensure that the child is not put through unwanted emotional trauma; and if the child does go through some trauma, then the court tries to ensure that it is minimal. The parenting plan that the court provides generally consists of a basic outline of the responsibilities of each of the parents as well as the time allotted to each parent. The court's parenting plan also specifies the minimum amount of time as well as access that the noncustodial parent receives. The plan may also include details with additional provisions like telephone access, res schedule, transportation, permission to plan holidays, vacations and birthdays for the child, time on weekends as well as any event that is important in the child's field of interest.

Support

The system of child support in Oregon has made based on, what is known as the, Income Shares Model. There is an amount determined in the best interests of the child and this amount is proportionately divided among both the parents based on the income of each parent. The child support system designed by the law has been made in order to help the child and not the parents.