Do you have to go to court to get a divorce?
For those considering filing for divorce, one of the more common questions is whether getting a divorce will require the parties come to court. The answer, as is often the case, is that it depends. However, it is possible to obtain an Oregon divorce without going to court.
Courts must resolve several legal issues before dissolving a marriage. Primarily, these issues include:
- The division of marital property
- Determining which parent will have custody of the children
- Working out the details of a parenting plan for the non-custodial parent
- Awarding child support, and
- Awarding spousal support
Often, couples who are going through a divorce cannot initially agree on all of these issues. When there is a disagreement, the parties will likely need to go to court to attend hearings where the judge will hear evidence and argument from both sides before making a decision.
However, if the divorce is uncontested, and the parties can agree to all aspects of the divorce, then it is possible that neither party will be required to go to court. One common way to obtain an uncontested divorce is to attend mediation. Mediation is a private counseling session where a neutral third party works with both spouses to come up with some agreed upon terms. Mediation is private and confidential, and if either party is not satisfied with the mediator’s recommendations, they do not need to accept them. If, however, some issues can be worked out, the mediator will type up a summary of the agreements and forward this document to each of the parties’ attorneys.
Other Divorce Frequently Asked Questions
- Can I File For Divorce In Oregon If I Don’t Know Where My Spouse Is?
- Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?
- Do I Have To Move Out Of My Home During A Divorce?
- Do Stepparents Have Rights In An Oregon Divorce?
- Do You Have To Go To Court To Get A Divorce?
- Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?
- Does It Matter Who Files For Divorce First In Oregon?
- How Do Courts Determine Child Custody in an Oregon Divorce?
- How Do I File For Divorce In Portland?
- How Do I Make Sure My Assets Are Kept Safe From My Ex-Spouse?
- How Do I Separate From My Spouse?
- How Does Divorce Impact Financial Aid For My Child’s College Education?
- How Does The Process Of Serving Divorce Papers Work?
- How Is Debt Divided During Divorce?
- How Is Property Divided During Divorce?
- How Long Do You Have To Be Separated To Get A Divorce?
- How Long Does It Take To Get A Divorce?
- How Much Does A Divorce Cost?
- How To Start A Divorce Conversation?
- How To Start A Divorce Process?
- Is It True That I Will Need To Complete A Parenting Class Before The Court Finalizes My Divorce?
- Is There A Waiting Period Before A Divorce Is Granted In Oregon?
- Should I Move Out During The Divorce?
- What Am I Not Allowed to Do During a Divorce?
- What Are The Grounds For Granting A Divorce In Oregon? Do I Have To Prove That My Spouse Did Something Wrong?
- What Do I Ask A Divorce Attorney in Oregon?
- What Documents Do I Need To Bring To A Divorce Lawyer?
- What Does a Collaborative Divorce Mean for Oregon Parents?
- What Happens After I File For Divorce In Portland?
- What Happens in a Divorce if My Spouse/Partner Has All the Debt in Their Name?
- What Happens in a Divorce if My Spouse/Partner Has All the Property in Their Name?
- What Happens To My Art Collection If I Get Divorced In Oregon?
- What Happens To My Boat If I Get Divorced In Oregon?
- What Happens to My Retirement Account if I Get a Divorce in Oregon?
- What Happens To My Vacation Home If I Get Divorced In Oregon?
- What Is A No-Fault Divorce?
- What Is Considered Grounds For Divorce In Portland?
- What Is Separation?
- What Is The Process For A Divorce?
- Why Should I Contact A Divorce Lawyer Before Filing?
- Why Would The Court Reject My Divorce Paperwork?
- Will My Spouse Get My Inheritance After We Divorce?
- Will Obtaining A Restraining Order Against My Spouse Help Me In My Divorce?