Frequently Asked Questions (FAQ's)

Is mediation mandatory for divorcing couples in Oregon?
Yes, in most cases. Oregon courts require that parties attempt to resolve their disputes through mediation before proceeding with litigation in contested divorce cases involving child custody or parenting time issues. However, if there are issues of domestic violence or other safety concerns, the requirement may be waived.
What are the main components of an Oregon Divorce Settlement Agreement?
An Oregon Divorce Settlement Agreement includes provisions on division of assets and debts, spousal support, child custody and parenting time, and child support. Both parties must agree on the terms before submitting the agreement to the court for approval.
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.
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 does legal marital separation affect child custody arrangements?
During an Oregon legal marital separation, child custody arrangements must be negotiated between both parties and approved by the court. This includes decisions on physical custody (where the children will live), legal custody (decision-making authority), visitation schedules, and any necessary support payments.
What is the process for divorce mediation in Oregon?
Divorce mediation involves a neutral third-party mediator who helps spouses negotiate and reach agreements on issues such as property division, child custody, and support payments. This voluntary process can save time, money, and emotional stress compared to litigation.
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.
How long does it take to finalize an uncontested divorce in Oregon?
The timeline for finalizing an uncontested divorce in Oregon varies depending on several factors, including the court's schedule and any mandatory waiting periods. In general, it can take anywhere from a few weeks to a few months from filing the initial paperwork until the judge signs the final judgment.
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 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.
What is the legal process for relocating with a child in Oregon?
In Oregon, the parent who has primary custody must provide written notice to the other parent at least 60 days before relocating. If the non-custodial parent objects, they must file a motion within 30 days of receiving the notice. The court will then consider factors like best interests of the child and both parents' reasons for moving or objecting before making a decision.
How does child custody work within an Oregon Divorce Settlement Agreement?
Child custody arrangements are included in your Oregon Divorce Settlement Agreement. Custody can be joint or sole depending on what's best for the child(ren). A parenting plan outlining visitation schedules should also be included.

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 Attorneys 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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