How To Start The 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.
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 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?