Common Law Divorce in Oregon
A common law marriage is defined as a marriage in which no actual ceremony has taken place but the couple agrees they are married. Because of the informal manner of the situation, the legality of the marriage is different in different states.
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Recognition
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Common law marriage is recognized in nine states--Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma and Texas--and the District of Columbia. In rare circumstances, the state of Oregon will consider a couple married if they move from a state that recognizes common law marriage and were in an established common law marriage there. The verification that the common law marriage is valid must be made through Oregon at the couple's request.
Considerations
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Because common law marriage is not valid in Oregon, when a couple that has been living together splits, it is generally up to them to decide on how to divide their assets. Regardless of how devoted a couple thinks they are, papers should be drawn up to state the division of property, especially real estate, should they ever break up.
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Paternity
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If an unmarried couple in Oregon have a child together, the father should protect his legal rights to the child by establishing paternity. If paternity is not determined, the mother will have all legal rights to the child but also may be unable to get child support.
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