Uncontested Divorce

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The emotional and financial stress from family law matters, including uncontested divorce, can be overwhelming. Let us handle the legal complexities while you focus on your family's future.

With Pacific Family Law Firm, you can expect exceptional representation.

1. Talk to Lawyers

In most firms, it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the lawyer you signed up with. At Pacific Family Law and Divorce, assistants may handle the paperwork and occasional informational calls, but most of the time, you will be working with your actual trial attorney.

2. Streamlined Representation

Our office and family law attorneys have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.

3. Honest Assessment of Case

Far too many family law "mills" are out to settle your case as fast as possible so they can move on to the next. Pacific Family Law Firm was founded by lawyers who are used to the courtroom and don't run from it. If getting you the best outcome for your family law matter means taking the case to trial, we will do it. If you are ready for a trial, we won't back down either.

Uncontested Divorce?

The best Oregon uncontested divorce lawyer for you is the attorney that gets the outcome you want.

Sometimes, all you need is a lawyer to write up your divorce agreement

An Oregon “uncontested” divorce is the most common term used to refer to those divorces where the parties know precisely their agreement. They don’t disagree on any terms - property division, child custody, spousal support, child support - that would need to be litigated or decided by a judge. In these cases, Oregon family law lawyers refer to the matter as an “uncontested divorce” because there are no disputed issues.

Even uncontested divorces need the paperwork completed.

For parties who have worked out the terms of their divorce, it is still a matter of moving it through the court. Completing the process includes drafting and filing the necessary paperwork, ensuring that all signatures and service requirements are satisfied, that all classes and certifications are complete, and that all fees are paid before a judge signs the final judgment of dissolution (sometimes called the “divorce decree”). Oregon courts provide a library of DIY family law forms for this purpose. However, many organized do-it-yourselfers have found that these forms, while designed to be one-size-fits-all, actually are one-size-fits-nobody. Even experienced Oregon divorce lawyers find many of these forms cumbersome to work with because, frequently, large portions are inapplicable to the case.

Get Help With Your Uncontested Oregon Divorce

As part of our unbundled Oregon family law legal services, we help clients with uncontested divorces. So long as you and your spouse have already come to a consensus on all aspects of your divorce agreement, for a flat fee, we will take care of all drafting, filing, and monitoring of your case through the court system to ensure that it gets finalized correctly. The flat fee will vary slightly depending on the number of factors to be drafted, as even “simple” cases require more time if there are complicated parenting plans, multiple pieces of real property to be divided, or other complications. Before we begin, we will ask you to complete a checklist and inquire about any outstanding issues you may have left out in your agreement. Our goal is only to effectuate your agreement and finalize it with the court in these cases. Depending on your needs and readiness level, this process may take fewer than two weeks, depending on your needs. Contact us today to discuss the facts of your case.

Each uncontested divorce case has individualized circumstances and factors, requiring careful evaluation by an experienced uncontested divorce lawyer to advise on your case. Getting you the best possible recovery is our top priority. Call us for a free legal evaluation today.

Best Attorneys in Oregon for uncontested divorce.

Uncontested Divorce
Frequently Asked Questions (FAQ's)

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.

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.

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 much does an Oregon uncontested divorce cost?

The cost of an Oregon uncontested divorce varies depending on factors such as attorney fees (if applicable), court filing fees, and any additional expenses related to paperwork or mediation. On average, an uncontested divorce can cost significantly less than a contested one.

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.

How do I create a Divorce Settlement Agreement in Oregon?

To create a Divorce Settlement Agreement in Oregon, you and your spouse should discuss and agree on all relevant issues. You may use mediation or collaborative law to come to an agreement. Once agreed upon, it should be written down and signed by both parties.

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 long does it take for a divorce to become final after reaching an agreement?

Once an Oregon Divorce Settlement Agreement is filed with the court, it typically takes 2-3 months for a divorce to become final. However, the process may be expedited if both parties are in full agreement and have satisfied all requirements.

What is an Oregon Divorce Settlement Agreement?

An Oregon Divorce Settlement Agreement is a legally binding contract between spouses detailing the terms of their divorce, such as division of assets, child custody, and spousal support. It must be agreed upon by both parties and approved by the court.

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.

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 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.

Common Family Law Matters Our Lawyers Handle

Oregon Lawyers for Uncontested Divorce family law matters.
  • Restraining Orders
  • Child Support Modifications
  • Child Custody Disputes
  • Post-Divorce Modifications
  • Adoption Proceedings
  • Spousal Support Determinations
  • Property Division
  • Legal Separation
  • Paternity Establishment
  • Domestic Relations Orders
  • Prenuptial Agreements
  • Parenting Plans
  • Divorce Proceedings



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Useful Oregon Statutes For
Uncontested Divorce

Ex Parte Temporary Custody Or Parenting Time Orders


ORS 107.097(2)

...

(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

(A) Changing the child’s usual place of residence;

(B) Interfering with the present placement and daily schedule of the child;

(C) Hiding or secreting the child from the other party;

(D) Interfering with the other party’s usual contact and parenting time with the child;

(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or

(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.


Read Full Text: ORS 107.097

Parenting Plan


(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

(a) Residential schedule;

(b) Holiday, birthday and vacation planning;

(c) Weekends, including holidays, and school in-service days preceding or following weekends;

(d) Decision-making and responsibility;

(e) Information sharing and access;

(f) Relocation of parents;

(g) Telephone access;

(h) Transportation; and

(i) Methods for resolving disputes.


Read Full Text: ORS 107.102

Provisions Of Judgment


ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.


Read Full Text: ORS 107.105

Vacation Or Modification Of Judgment


(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:

(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;

(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;

(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and

(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.

...


Read Full Text: ORS 107.135

Factors Considered In Determining Custody Of Child


(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

...


Read Full Text: ORS 107.137

Proceeding To Determine Custody Or Support Of Child


(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.

...


Read Full Text: ORS 109.103

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We practice exclusively in family law and divorce matters. Whether you're facing divorce, child custody disputes, spousal support issues, or other family law matters, our experienced Lawyers will thoroughly evaluate your situation and help you navigate the complexities of Oregon family law. We provide compassionate legal representation while protecting your rights and the best interests of your family. Talk with a skilled Oregon attorney about your family law matter for no cost.
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