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.