Frequently Asked Questions (FAQ's)

What is the process for filing a divorce in Oregon?
To file for divorce in Oregon, one spouse must be a resident of the state for at least six months prior to filing. The process begins by filing a petition for dissolution of marriage with the county court where either spouse lives. The other spouse is then served with the papers and has 30 days to respond. If both parties agree on all matters, they can submit a stipulated judgment to finalize the divorce.
How are assets divided in an Oregon high asset divorce?
Oregon is an equitable distribution state. This means that marital assets are divided fairly and equitably between the divorcing parties, taking into consideration factors like each spouse's earning capacity and contributions to the marriage. This does not necessarily mean a 50/50 split; rather it depends on what the court deems fair under the circumstances.
Do I need an attorney for my Oregon divorce?
While it is not required to have an attorney during your divorce process in Oregon, having legal representation can be beneficial as they will ensure your best interests are protected and guide you through complex legal processes involved in matters like property division, child custody arrangements, and spousal support.
What is an Oregon uncontested divorce?
An Oregon uncontested divorce occurs when both spouses agree on all issues related to their separation, such as child custody, spousal support, and property division. This type of divorce typically requires less time and expense compared to a contested divorce. Both parties must complete and submit the necessary paperwork to the court for approval.
What happens if we don't have a prenup and decide to divorce?
Without a prenup, Oregon's default divorce laws apply. Oregon is an 'equitable distribution' state, meaning marital property is divided fairly but not necessarily equally, based on factors like the length of the marriage and each spouse's contributions.
What forms do I need for an Oregon uncontested divorce?
To initiate an uncontested divorce in Oregon, you will need to file a Petition for Dissolution of Marriage with the appropriate court, as well as other required documents such as financial disclosures and parenting plans if there are children involved. Specific forms may vary by county, so check with your local court clerk for guidance.
How long does it take to get a divorce in Oregon?
The length of time varies depending on each case's complexity, but a simple uncontested divorce can be finalized within 2-3 months after filing. Contested divorces may take six months or longer to resolve.
How long does it take to finalize a divorce in Oregon?
The length of time to finalize an Oregon divorce depends on various factors such as cooperation between spouses, complexity of asset division, and scheduling issues within the court system. Uncontested divorces can be finalized within weeks after filing while contested divorces may take several months or longer.
How are assets divided during an Oregon divorce?
Oregon follows an equitable distribution model when dividing assets during a divorce; this means property will be divided fairly but not necessarily equally between spouses. Courts consider factors like income potential, contribution to acquisition or preservation of assets, length of marriage, and tax consequences when determining how to divide property.
Do I need a lawyer for my Oregon uncontested divorce?
While not legally required for an uncontested divorce, hiring a lawyer can be beneficial in ensuring that all paperwork is filed correctly and efficiently while protecting your interests throughout the process. Legal counsel can also help address any unexpected issues that may arise during proceedings.
How is property divided in an Oregon divorce?
Oregon follows an 'equitable distribution' model, which means marital assets are divided fairly but not necessarily equally between spouses. Factors such as each spouse's contribution to the marriage and earning potential will be considered.
What are the requirements for filing for legal separation in Oregon?
To file for legal separation in Oregon, at least one spouse must be a resident of the state or stationed there as part of military service. There is no required period of residency before filing. The petition can be filed with your local county circuit court, where either spouse resides.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregon family law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law and divorce Lawyers encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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Practice Areas

Learn more about the family law matters our Attorneys help with.

Divorce

From dividing assets and debts, to support and child custody, we have you covered.

Oregon Family Law

Family law is more than divorce. It is an umbrella of practice areas.

Spousal Support (Alimony)

A lot goes into figuring out spousal support. We've done it all before.

Child Relocation

Moving a child away from a parent is always difficult. Let us help with the law.

Child Custody

Custody is one of the most contested and least-understood parts of family law.

Uncontested Divorce

Sometimes there's no dispute, you just need somebody to draft the right documents.

Child Support

Oregon takes child support seriously, and we can help you navigate the process.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support Modification

Learn about when Oregon child support can be modified.

Unbundled Services

When there's only select things you need legal help with, we offer "unbundled" services.

Grandparent Rights

Grandparents and other third parties can develop rights to see children under Oregon law. Let's discuss your circumstances.

High Asset Divorce

More assets generally means more complicated divorces. We have the experience to assist with all levels of estate.

Legal Marital Separation

Sometimes divorce is not the right choice under certain circumstances. A legal separation might be.

Mediation

Mediation can be a great way to resolve disputes without a trial or courts.

Paternity

Becoming legally responsible as a father requires establishing paternity. We can help.

Prenuptial Agreements

Like estate planning, financial clairity prior to marriage builds trust. Let us assist with your plan.

Restraining Orders

Restraining orders provide a fast means to get help for domestic violence in families.

Spousal Support Modification

Times change, jobs change, circumstances change. Spousal support can too.

Stalking Orders

Oregon stalking orders are serious business. If you need help with Oregon stalking law, we have experience.

Divorce Settlement Agreements

Sometimes the best outcome is the one you design yourself. We can help your create a binding agreement.

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