How To Start A Divorce Process

Spouses that want to end their marriage start the divorce process by filing for divorce. Under Oregon law, which refers to divorce as a dissolution of marriage, the process begins when one spouse files a petition to dissolve the marriage. The spouses do not have to prove fault to get a divorce in Oregon. As a no-fault divorce state, the spouses only need to show that the irreconcilable differences have irretrievably broken down the marriage. The filing spouse must make sure to file the petition only in the county in Oregon where either spouse resides. After the spouse files the suit, the court must ensure that the case meets the Oregon residence requirements for divorce.

If the dissolution case does not meet the residency criteria, the spouses cannot divorce in an Oregon court. If the marriage occurred in Oregon and either spouse is an Oregon resident at the time of filing, the divorce can remain in an Oregon court. If the spouses married in another state, the divorce may occur in an Oregon court if one of the spouses is a resident at the beginning of the suit and six months before the case began. The spouse who filed for divorce must serve a copy of the petition to the other spouse. Service of the petition notifies the other spouse that a dissolution of marriage suit is in effect. The other spouse may respond to the petition with claims of their own that may or may not relate to the dissolution of the marriage.

Although filing a divorce petition starts the legal action component of the process, the other part of divorce is the preparation. A spouse who wants to file for dissolution of marriage may begin the process by seeking legal advice from a divorce attorney. The spouse may want to find out the possible outcomes of the divorce action. An experienced Oregon divorce attorney can help list potential issues in the divorce process, such as property division, child custody and support, and parenting time.