What is the process for a divorce?
One of the most common questions among those considering divorce is what the Oregon divorce process looks like. While there is a general process that most divorces follow, every divorce is different, and there are many factors that control how the process will go.
The legal term for divorce in Oregon is “dissolution of marriage.” Oregon is a no-fault state when it comes to divorce, so either spouse can obtain a divorce for any reason. The actual dissolving of the marriage is the last step in the process. Before a court dissolves a marriage, it must go through several steps. Notably, if the parties can agree on the issues, many of these steps can be made significantly easier or skipped altogether.
To begin the divorce process, a party must file several documents. The most important of these is called the“petition for dissolution of marriage.”By filing this document, the filing party is formally requesting that court issue a judgment of divorce.There are typically court fees associated with filing a divorce petition, however, these fees can be waived for certain low-income individuals.
The spouse that filed the petition must then serve a copy of the petition packet on the other party. Service is usually performed by a paid process server who is hired by the filing party’s attorney, but this step can be waived by a written agreement prepared by an attorney. Once the petition is served, the other party will have formal notice of the divorce proceeding.
Once the petition for dissolution of marriage is filed and served, the case will be scheduled for at trial and eventually assigned to a judge. If a trial is necessary, the judge overseeing the divorce proceeding must decide the following issues:
- Division of property and debts
- Determining child custody
- child support and determining parenting time
- Awarding spousal support
Many couples attempt mediation even before the divorce filing occurs. Mediation is similar to a private counseling session where a neutral third party works with both parties to come up with agreed upon terms. In Oregon, it is usually mandatory for the spouses to attend mediation or some other form of alternative dispute resolution (“ADR”) before they are allowed to have a trial. Most courts offer free or discounted services for mediation on the issues of child custody and parenting time. The mediation process is private and confidential. If either party is not satisfied with the mediator’s recommendations or process, they do not need to agree to anything. If some or all issues can be worked out, the mediator will usually type up a summary of the agreements which the parties and attorney can sign after review.
The judge overseeing the divorce will almost always honor the couple’s agreements, however, the judge is permitted to scrutinize the terms if they seem overly unfair to one party or if they seem contrary to the minor children’s best interests. With respect to custody and parenting time, the judge is guided not by what is fair or what the parties agree to, but what is in the best interest of the children.
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?