Is There A Waiting Period Before A Divorce Is Granted In Oregon?

Is There A Waiting Period Before A Divorce Is Granted In Oregon?

Under Oregon law, a divorce does not have a mandatory waiting period before the court grants it. If the case meets the legal requirements and resolves the contested issues, a judge may dissolve the marriage within days or weeks after a spouse filed for divorce. However, each divorce is different. Some are uncontested or simple to settle. Others may have disputes or complex issues that take more time to resolve.

Although state law does not have a waiting period to be eligible for a divorce, spouses may have to wait to file for divorce if the couple's marriage did not occur in Oregon. To get a divorce for a marriage that occurred outside of Oregon requires at least one spouse to live in the state continuously for six months before filing and reside there at the time of filing.

During the divorce process, the court addresses property division and distribution, child custody, parenting time, child support, and spousal support issues. In addition, to reduce or eliminate divorce costs and the need for a trial, the court may order the parties to attend mediation to agree on the divorce issues. Mediation is when a neutral third party (called a mediator) helps the spouses discuss and resolve disputes. Mediation may help resolve issues without a trial; however, it delays the end of the marriage because it requires finding and hiring a mediator and setting a date to hold the mediation.

Legal procedures, such as motions and protection orders, may delay the grant of dissolution of marriage. Each party may make motions during the divorce that the court must review. A motion is a request by the applicant, known as the moving party, to the court to get to approve their request. In domestic violence cases, a spouse may seek a restraining order against the other spouse to prevent further threats of physical abuse. Motions, petitions for a restraining order and other legal procedures may require hearings, which may occur days to months from the date of the filings.

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