What Is The Difference Between Oregon and Washington Divorce Law?

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April 7, 2011

The difference between the substantive law regarding divorce in Washington and Oregon is not as extensive as you may think, despite the fact that Washington is a “Community Property” state and Oregon is an “Equitable Division” state. Both states require a division of property that is “just and equitable” under the circumstances. That means that in both states, the court has the authority to consider and divide assets a party owned even before the marriage. Parenting Plans in Washington and Oregon are fairly consistent with regard to regular, weekly parenting time. However, Vancouver, Washington courts will generally award the non-custodial parent parenting time for half of the summer, while Oregon courts generally award the non-custodial parent a two to three week block of summer parenting time. For those parties who agree to the terms of their divorce and want to have their divorce finalized quickly, Oregon is the best bet. Although both states have 90 day waiting period, couples who have signed an agreed judgment of divorce can waive the 90 day waiting period, while in Washington, even a divorce that has been stipulated to by both parties cannot be finalized until the waiting period has expired.