In some situations there is a question whether one is allowed to file a divorce case in Oregon. This can be an issue if you have recently moved to Oregon, or if your spouse lives out of state.
Assuming that you can file a divorce in Oregon (or that you file a legal separation case in Oregon, and later convert that to a divorce after meeting residency requirements), there is also a question whether it is best to file a divorce case in Oregon, or whether you would be better off filing for divorce in some other state.
If both parties live in Oregon, and if the bulk of the assets are in Oregon, then there may be little to consider.
If, however, the other side lives outside Oregon, in some cases all that the Oregon court may be able to do is to dissolve the marriage. It may also be that the Oregon court will lack jurisdiction to resolve parenting issues or the like. It is even more likely that the Oregon court will lack jurisdiction over assets outside the state of Oregon.
Sometimes, therefore, even though it might be possible to file a divorce in Oregon, it may make more sense to file in the state where the other spouse (and possibly the children) live, and where there are significant assets.
If the children are in one state, and this state qualifies as their state of residence for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), but the spouse and the bulk of the assets are somewhere else, the analysis of where to file a divorce case may be more difficult.
In such a situation it may be best if your Oregon lawyer and a lawyer from the other state work together to discuss a possible path forward, and to present options from which you could then choose.
Steven A. Heinrich
Divorce & Custody
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