Oregon Bar study materials
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Oregon Bar: Family Law

Oregon Bar · Work through your exam, one topic at a time.

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Family Law

Family Law tests Oregon dissolution, property division, spousal support, child support, and parenting time under ORS chapters 107 and 25. Oregon is an equitable-distribution state, not a community-property state.

Core rules

  • Marital property is presumed to include property acquired during the marriage; separate property can be awarded to its owner, but commingling or contributions may support an equitable share.
  • Spousal support includes maintenance, transitional, and compensatory support; the court considers length of marriage, standard of living, and earning capacity.
  • Child support follows the Oregon Child Support Guidelines; deviations require written findings.
  • Parenting time and custody are decided under the best interests of the child, ORS 107.137.

Worked example

During a ten-year marriage, one spouse inherits $200,000 and deposits it into a joint account; the other spouse pays the mortgage. At dissolution, the inheritance is traceable but commingled. The court presumes the joint account is marital, then considers the inheritance source and the mortgage contributions to divide equitably. It may award a share to the contributing spouse rather than simply return the inheritance. Reasoning: start with the presumption, then trace and weigh contributions.

Traps

Do not assume equal division; do not ignore debt allocation; do not treat child support as a property item; do not forget written findings for deviations.