How To File for Divorce in Multnomah County

How do I file for divorce in Multnomah County?

Are you a resident of the greater Portland area and are considering divorce, but don’t know where to start?

DBMA Family Law can help you understand what you need to do to get started on creating the next phase of your life. 

First, it’s important to know what you need to do to get started. We’ll go over how to get the process started, step by step, so you have the best information possible. 

Make sure you or your spouse are Oregon residents.

In order to get divorced in Oregon, either you or your spouse must have lived in the state of Oregon for at least six months. If either of you have not lived in Oregon for at least six months, you’ll need to reach out to your prior place of residence’s county court to learn what your options are, or wait until you have lived in Oregon for at least six months. 

You must file the proper documents.

Paperwork is a big part of getting the divorce process started. There are several documents you’ll need to file, with the most essential for initiating divorce in Oregon being a Petition for Dissolution of Marriage in the county that one of the parties resides in.

This Petition is a declaration that tells both the court and your spouse that you intend to divorce. It includes details on who you are, how long you have been married, whether you have children, and general statements regarding assets, liabilities, and property owned by the parties. You must file this Petition with the clerk’s office at the local county Courthouse.

There are fees associated with filing for divorce. The most recently published data by the state shows that the cost for filing this paperwork is about $300. In some cases, typically due to financial hardship, you may be able to have those fees waived or deferred to the end of the case. 

Your spouse must be served with your Petition.

Simply filing your Petition with the court isn’t enough to get the divorce process started. Now, your spouse must be served. 

Being served refers to the official delivery of your Petition for Dissolution and the other documents in the initial pleading packet. Service informs the other party of your intent. Service must typically be done in person, by someone over the age of 18 not associated with the case. This can be someone you trust – a friend, a neighbor, a relative – or a professional process server. You cannot serve your spouse yourself. If you have a professional process server give your spouse the Petition and other initial pleadings, there will be a charge. 

According to recent records published by the state of Oregon, it costs about $40 to have your spouse served by a process server, but the cost can increase depending on who you hire and how difficult serving your spouse ends up being. 

Please be aware that the costs associated with filing for divorce and for hiring someone to serve your spouse are based on you doing those activities on your own. There are additional costs, and they vary, when you are working with an attorney.

The more complex your divorce, the longer it might take.

What do we mean when we say “complex?” Generally speaking, we’re referring to the difficulty in coming to an equitable resolution. 

The more contentious the divorce – the more assets there are to divide, the greater the debate about child custody and child and spousal support – then the longer it will probably take to finalize the divorce. 

And with that greater complexity and elongated timeline will come greater expenses incurred on your part. This is why we usually recommend that you secure legal counsel specializing in family law to help you come to an equitable settlement. 

Of course, lawyers come at an expense, but their experience with the legal system can help you to get the best representation of your needs during a difficult time. Having an attorney also ensures that every step of the process is handled in exactly the way the Court wants – it is easy to overlook a requirement of miss a deadline if you’re not doing this as your job every day!

Have kids? Stay focused on what’s best for them. 

A larger array of assets and having children can add a level of complexity to your divorce, and because of that, we advise that you stay focused on creating outcomes that will best benefit your kids. 

When making final decisions regarding custody and parenting time, the court is focused on those decisions meeting one specific metric: What is in the child’s best interest? 

Relatedly, we always encourage anyone who is going through a divorce to bring their best selves into the courtroom. We know that is difficult, especially when we are covering subjects that are sensitive and scenarios that are contentious. 

Your conduct in the courtroom is often the judges only experience with you, so staying calm, being respectful, and making the best of a stressful situation is noted and appreciated when it comes to decision making time. 

Don’t forget about mediation!

Unfamiliar with mediation? Mediation can best be described as a confidential meeting where you and your spouse, guided by a trained, objective third-party, come to an agreement about some, or even the entirety, of your divorce. 

In Multnomah County, if you have children, you will be required to contact Family Resolution Services and attend mediation through the county. If there are concerns due to abuse or other safety issues, then county mediation might be waived, but this kind of waiver requires filing more paperwork with the Court to make an official request. 

Mediation is not done in the courtroom. It is private. It is confidential. And a resolution is entirely voluntary. You do not have to agree to any of the terms if you do not feel comfortable with the outcome of the negotiation.

In the cases where consensus is reached, then the mediator will summarize those agreements in written form and send them to your respective lawyers for finalization. 

In those cases where agreement cannot be reached, then it goes back to the attorneys for further discussion. If you and your partner can’t reach a resolution, then the judge will make a final decision on all outstanding issues after a trial. 

Looking for even more information on divorce in Multnomah County? Contact DBMA Family Law today for your confidential consultation! Our team is here to help guide you to the best resolution possible.