How To File For Divorce In Oregon

Considering divorce? DBMA Family Law can help!

Making the decision to dissolve your marriage is never an easy one. Though there are numerous reasons that lead people to make the decision to file for divorce, rarely is it done frivolously. 

DBMA Family Law is composed of experienced, empathetic, and effective attorneys who are committed to helping you achieve the most equitable outcomes possible. And since the halls of justice can be as confusing to navigate as they are complex, we’re here to offer the clarity you deserve at this pivotal moment in your life. 

Unsure if you can file for divorce in Oregon? The requirements are simple. 

Have you lived in the state of Oregon for six months or longer, or has your spouse lived in Oregon for six months or longer? If either is true (it does not have to be true for both of you), then you are eligible to file for divorce in this state.

How do I start the divorce process in Oregon?

There are a few specific things you must do in order to start your divorce. One of these critical things centers on filing critical legal documents. 

You may file these yourself, or with the assistance of an attorney. (We recommend that you work with an attorney so that you can ensure your documents are filled out and filed correctly, so that any potential unnecessary delays can be avoided.)

The documents you must file include what’s called a petition for dissolution of marriage. This document, which notifies your spouse as well as the court of your intent to divorce, must be filed with your local county courthouse’s circuit court clerk’s office. 

Filing this petition solely at the courthouse is not sufficient in terms of notifying your spouse, however. They must also be served with a copy of the petition. Typically, there are fees associated with filing this paperwork as well as having your spouse served, though there are instances where these fees can be waived. Service can be accomplished by any adult, over the age of 18 who is not party to the case. There are a number of reasons why you may want a professional service processor to handle the job.

Again, working with an attorney will help you with the process of filing your paperwork, including ensuring that your spouse is properly served with your petition to divorce. 

Why does my spouse need to be served with petition paperwork?

There are a few reasons why a petitioner must serve the petition paperwork to their spouse. The most important reasons hinge on their ability to be made aware of your intent, assess the terms of your petition, and, if necessary, respond to it within a 30-day period. This basic requirement of notice is related to the concept of due process and a fair and equitable legal process. 

If your spouse receives your petition and is agreeable to the terms you’ve laid out, then they may decide to simply not respond to the petition. In these circumstances, upon a motion for default, the court will still enter a judgment of divorce. This does happen, but it is more likely that a respondent may challenge certain aspects of the petition. 

Typically, a respondent will secure their own attorney, file a response with the court (for a fee), then the divorce process will continue until terms can be agreed to or a hearing or trial is necessary where a judge will make his or her own determination. 

How much does a divorce typically cost?

The cost of a divorce is always dependent on the complexity of the case. Complexity can refer to a number of things, including the range of assets that need to be untangled and equitably separated, the couple’s ability to negotiate in good faith, as well as factors such as child custody, child support, and parenting time. 

Hiring a lawyer is theoretically more expensive than representing yourself, but without an attorney’s expertise, taking on the professional weight associated with divorce on top of the emotional weight can prove to be far too taxing for most. 

How long does a divorce in Oregon typically take?

Again, much like the cost of a divorce, the length of time it takes to finalize your divorce will fluctuate based on a number of factors. 

Endless disputes around the details surrounding spousal support, parenting time, child support, and separation of assets will only prolong the process. 

We’re certainly not saying that you should settle too quickly, but a person going through a divorce must periodically ask themselves if fighting for certain things are truly worth it in the long run, and, more importantly for those divorcing couples with children, is what’s being fought for in their best interests?

How can I avoid the stress and drama often associated with divorce?

This isn’t something that’s entirely in your control. After all, your behavior is really all that you can control. 

That said, using mediation in your divorce can help you and your spouse come to certain terms with factors that might be more sensitive (spousal support, custody, etc.) and will do so in a confidential manner that will remain confidential. 

You might not agree to all the terms laid out in mediation. That’s okay. In fact, you might not agree to any of the terms in mediation, and that’s okay, too. Anything that you have agreed to will be written up in a formal agreement and presented to the court. 

Any and all outstanding issues that cannot ultimately be resolved by negotiation will be decided by the judge, either as a temporary order or as a final determination. 

Need additional assistance regarding divorce in Oregon? Contact DBMA today!