Seeking legal counsel on how to file for divorce in Oregon?
Oregon is a no-fault divorce state, which means that a couple does not need to show anything other than “irreconcilable differences” to get a divorce.
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Requirements for Residency
Any Oregon citizen who has resided in the state for at least 6 months may get a divorce.
Complete your Forms
If the residency criteria are satisfied, one of the spouses may submit a petition in the county where he or she resides or where his or her spouse resides. The petition must be filed with the Circuit Court Clerk’s office at the County Court House. When a divorce is filed, there is no need for the filing spouse (known as the Petitioner) and the Respondent spouse to live apart; nonetheless, the pair must consider themselves separated.
It is the Petitioner’s obligation to get the Petition and any other relevant papers served on the Respondent after they have been filed. Service must be made by a private process server or the County Sheriff. The Petitioner cannot physically deliver the documents to the Respondent.
After receiving the Petition and accompanying divorce forms and paperwork, the respondent must assess if the parameters outlined in the petition are acceptable. If the couple has reached an agreement on the terms of the divorce, the Respondent is not required to react to the petition. If the Respondent wishes to contest the conditions of the petition, he or she has 30 days following serving to submit a response or appear.
If the responder cannot be located, the court will often act on his or her behalf, and once a “substituted service” happens, it is usually enough to enable the Petitioner to commence the dissolution process. If a responder receives service but does not submit an order for appearance (a response), the matter enters into default, which means neither side is required to attend in court. After the Petitioner submits the final paperwork, the judge must sign the Judgment of Dissolution of Marriage, thus ending the marriage.
Temporary Orders and Discovery During the 90-Day Waiting Period
If the respondent is located and has filed a response or appearance, the couple must begin the 90-day waiting period before their divorce may go to trial. This waiting period might be prolonged if either spouse opposes anything, since this complicates the trial.
Because this period is not defined, one spouse often has to ask the other for temporary aid with everything from child care to mortgage payments. The primary purpose of interim relief is to preserve the “status quo” that existed between the spouses and their children throughout their marriage. Once the court has ruled on the distribution of property, debts, and children, all interim orders become null and void.
The pair starts the “discovery” stage after placing temporary orders. During the discovery process, each spouse must disclose all of their financial information. (i.e. Wage records, credit card balances, properties owned, car titles, pension and retirement plans, tax returns, etc.). Discovery is also the time for mediation, which is frequently allotted to couples who have children or who have a lot of disagreements. Mediation ensures that all opinions are heard and that property may be appraised and assessed. Children are given extra consideration throughout the discovery stage. The court may appoint an attorney to represent the children in the case, or the parents may have their children psychoanalyzed to guarantee that the child’s desires and needs are understood and honored to the best of the court’s capacity.
Trial or Agreement?
After 90 days, the case may be tried; nevertheless, trials are uncommon. The majority of dissolution cases are resolved out of court, frequently via several meetings and conferences. Couples have recently chosen “pretrial settlement conferences” as a less abrasive and more cost-effective option to resolve their divorce. If a couple cannot reach an agreement without going to trial, the regular process for any civil law litigation is followed. Each party provides evidence and comments, and at the conclusion of the trial, the judge gives a final ruling that resolves all problems in the case. Things are split in an equitable way, which means that they are fair but not necessarily equal. The Judge then signs a Judgment of Dissolution of Marriage, which is not final for 30 days. If an occurrence happens during those 30 days that causes the couple to desire to end the divorce proceedings, the marriage may continue as if there had been no divorce.
If one spouse is dissatisfied with the ruling, he or she may appeal; however, appeals are not always successful and may be costly.
A Remark on Summary Dissolution in Oregon
If the divorce is uncontested, the parties may engage into a “short form” or Summary Dissolution agreement. This is a procedure for persons whose divorces are straightforward. If a couple meets the requirements for a short form divorce, the paperwork may be acquired from the county courthouse.
A Word on Forms
If the parties have reached an agreement and do not want to continue with a long trial, they may draft a Divorce Settlement Agreement using Genris Global simple interview procedure. The Divorce Settlement Agreement simplifies the distribution of property, assets, debts, and obligations, as well as the resolution of child support, custody, and visitation issues.
The state of Oregon has made it quite simple to get the paperwork required for a divorce. Having said that, the state makes it very apparent on its divorce information pages that trying a non-summary dissolution case without a counsel may be extremely difficult. If you want assistance,