Getting  a Divorce

IN OREGON

If you are facing a divorce in Oregon, you may have questions about what is involved and how long the process will take.

Timeframe

A divorce waiting period specifies the minimum amount of time that must pass between filing paperwork and a divorce becoming final.

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DIVORCE WAITING PERIOD

Timeframe

The person receiving the petition for dissolution of marriage has 30 days to respond. This is the minimum amount of time a divorce could take.

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Oregon does not have a waiting period.

30

DAYS

In Oregon, you do not need a reason for divorce other than that you and your spouse do not get along.

What is no-fault divorce?

Residency

NO-FAULT DIVORCE

What can affect the length of time my divorce will take?

Either spouse must have lived in Oregon for six months before filing for divorce.

Division of property

Oregon is an equitable distribution state. Courts will try to ensure each spouse exits the marriage with equal assets. 

Property Division

The more disagreement there is over property, the longer a divorce will take.

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What types of property may be distrubuted?

In distribution, there is a presumption each spouse contributed equally to any marital assets.

Houses

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Cars or othervehicles

Money in bank accounts

Retirement benefits

Capital gains

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PROPERTY MAY INCLUDE:

Airline miles

What about debts?

PROPERTY DIVISION

Certain debts may also be included in the court’s  division of property calculation.

Court schdeules

Courts cannot always schedule hearings on a schedule you prefer. Courts can lengthen or shorten a divorce time frame depending on their dockets. 

Some courts will set strict dealines.

Many courts require divorce cases to be resolved within one year of filing the petition, regardless of court timelines.

Seek Counsel

If you are facing a divorce, contact one of our family law attorneys at Gearing, Rackner & McGrath, LLP. 

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Our divorce lawyers can guide you through the process, explain the law, and represent your interests.