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Divorce Myths: I can move to Oregon and file for divorce immediately. March 16, 2008

Posted by csstephens in Dissolution, International, Myths, Out of State.
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A surprisingly common “divorce myth” we hear in our practice is the belief that you can file for divorce immediately on moving to Oregon (or any state.) Oregon, like most states, has a residency requirement you must meet before you file for divorce. There is a lot of misinformation among people wanting to file for divorce regarding if they must wait to file, and for how long. Part of the reason for the misinformation is because there are a few exceptions to the waiting period.

The residency requirement is located in ORS 107.075. What do you have to do to become a resident? Oregon considers you a resident if you live in Oregon  and intend to remain in Oregon.  It is where you have the intent of returning after an absence  from the state(such as military service, extended travel, school, etc.)

For most residents, there is a 6 month waiting period prior to being able to file for divorce or annulment. For people married in or out of Oregon pursuing a divorce or annulment based on “irreconcilable differences,” one party to the divorce must be a resident (or domiciled) in Oregon continuously for six months prior to filing for divorce.

A much smaller group of residents don’t have to wait. For people married in Oregon, if the reason for your divorce or annulment is (1) bigamy, or (2) being too closely related to your spouse, or (3) being incapable of making a contract or consenting to the marriage because you are too young or don’t understand the consequences, or (4) you were forced or deceived into marriage, you can file immediately on residing or domiciling in Oregon.

News: Divorce Rates Skyrocket in India February 21, 2008

Posted by shelleycm in Dissolution, International, News.
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The International Herald Tribute runs this story about increasing divorce rates in India, a place where arranged marriages are customary and, historically, long-lasting.   The reasons for the increase?  Women’s financial independence, weakening of taboos, laws permitting divorce, and Western-style expectations of love.  Interesting stuff, particularly for Oregon’s large East Indian population.

News: Divorce rate up in China. January 25, 2008

Posted by csstephens in Dissolution, International, News, Statistics.
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china wallChina View reports today that China’s civil affair department registered an increase in marriages and divorces in 2007. Approximately 1.4 million couples divorced last year, a year on year increase of 18.2 percent, according to the Ministry of Civil Affairs. This rate could be much higher because the Ministry does not report state-sanctioned divorces in the figure. China’s divorce rate has been increasing since 1980. Sociologists attribute the increase to the fast changing society and challenges to traditional concepts of marriage. China’s divorce rate is still far below the US divorce rate of approximately 50%. A new law in 2003 simplified divorce filings and allows for a same day divorce with a filing fee of 10 yuan ($1.36 US).

Out of state: Oregon cases: Introduction May 2, 2007

Posted by csstephens in International, Out of State.
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We’re often asked questions about out of state or international matters, where one party lives in another state or country, but they’re involved in a family law matter in Oregon. Or sometimes, people move to Oregon and immediately want to file for dissolution of marriage or custody here and are surprised to find out that it’s not quite so simple as just going down to the courthouse and filing the appropriate paperwork. We’ve put together a list of some of the most common questions we’re asked about out of state and international matters, and we’ll answer them in our next few blog posts.