A step-by-step guide to navigating your divorce in Oregon.
Every divorce is unique, but understanding the general process helps you know what to expect. In Oregon, even an uncontested divorce takes at least 90 days from filing to completion due to the mandatory waiting period.
Meet with an attorney to discuss your situation, understand your rights, and develop a strategy. This is where we gather information about your marriage, assets, children, and goals.
The divorce process officially begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage with the court. The other spouse (the Respondent) must then be served with the paperwork.
The Respondent has 30 days to file a Response to the Petition. This document indicates agreement or disagreement with the terms proposed in the Petition.
Either party may file motions requesting temporary relief while the case is pending. These motions can address temporary child support, spousal support, parenting time, and exclusive use of the family home.
Both parties exchange financial information and documents. Negotiations take place regarding property division, custody, and support. Many cases settle during this phase.
If agreement is reached, a settlement agreement is prepared. If not, the case proceeds to trial where a judge makes the final decisions.
The court issues a General Judgment of Dissolution, officially ending the marriage. This document includes orders regarding all issues in the case.
After the final judgment is entered, several important matters may still need to be addressed. These include requests for attorney fees under ORCP 68, transferring real property between the parties, and obtaining Qualified Domestic Relations Orders (QDROs) to divide retirement accounts such as 401(k)s and IRAs.
While your divorce is pending, you may need temporary orders to address immediate concerns. These can include:
"Temporary orders help maintain stability for you and your children while the divorce process unfolds."
The divorce process officially begins when the Petition for Dissolution of Marriage is filed with the court. In Oregon, the person filing is called the Petitioner, and the other spouse is called the Respondent. Filing must occur in the county where at least one spouse resides.
After filing, the Respondent must be properly served (notified) of the divorce petition. Service can be accomplished through personal service (a process server delivering the documents), certified mail, or other methods approved by the court. Once served, the Respondent has 30 days to file a Response to the Petition.
The Response indicates whether the Respondent agrees or disagrees with the terms proposed in the Petition. If the Respondent agrees with all terms, the case can proceed as an uncontested divorce. If they disagree with any terms, the case becomes contested and will require further negotiation or court intervention to resolve the disputed issues.
Proper service is critical to the divorce process. Oregon courts have specific rules about how the Respondent must be served. Failure to properly serve the Respondent can delay the entire process or result in the divorce being dismissed.
Oregon law requires full financial disclosure by both parties. This is accomplished through the Confidential Information Statement (CIS), which is a comprehensive form that must be completed by each spouse. The CIS includes detailed information about income, expenses, assets, liabilities, and other financial matters.
The discovery process allows both parties to exchange financial documents and information needed to make informed decisions about property division, child support, and spousal support. Common discovery requests include:
This transparent exchange of financial information helps both parties understand the full picture of the marital estate and makes it easier to reach fair agreements. At Crawley Law, we ensure that all required disclosures are made promptly and completely to move the case forward efficiently. For a complete list of the documents you will need to gather, see our Documents Needed From You page.
Before mediation can take place, both parties must first complete a mandatory parenting class called "Focus on the Children." This class is required by Lane County courts and helps parents understand the impact of divorce on children.
In Lane County, parties with children are required to participate in mediation with the Lane County Family Mediators. Mediation covers custody and parenting time issues only, including holiday schedules and whether the parents will have sole or joint legal custody. Mediation does not address financial issues such as child support, spousal support, or property division.
Mediation is often less adversarial, more cost-effective, and faster than litigation. It also gives both parties more control over the outcome. During mediation, the mediator does not make decisions but instead helps facilitate communication and negotiation between the parties.
A Judicial Settlement Conference is an optional process that requires agreement from both parties. In a settlement conference, a sitting judge meets with both parties and their attorneys to help facilitate a resolution prior to litigation. The judge may discuss the strengths and weaknesses of each party's position and encourage compromise. Many cases are resolved during settlement conferences without the need for a full trial.
"Settlement through mediation often results in outcomes that satisfy both parties more than a court decision, and allows you to move forward with your life sooner."
Schedule a consultation to discuss your divorce and next steps.
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