DIVORCE: THE PROCESS

Below is a basic outline of the steps in a typical divorce (marital dissolution) case. While this reflects a typical situation, each case is unique and may require different steps in order to achieve desired outcomes. Some of the steps below may be pertinent to your case and other may not.

  1. Meet with your divorce attorney to discuss your options, a timetable for the proceeding, and the relevant issues and laws pertinent to your particular case.

  2. Hire an attorney by signing a Fee Agreement.

  3. Fill-out Confidential Information Form that will be provided to you in order to give the attorney information (names, address, social security numbers etc.) to begin working on your filing documents.

  4. Review and sign the papers prepared by the attorney to be filed on your behalf

  5. The law firm files the paperwork and pays the filing fee ($287) on your behalf

  6. Respondent is served either by voluntarily accepting service in writing (signing an Acceptance of Service document), or by being physically served by a process server.

  7. If children are involved, register for and complete the required parenting class within two weeks of filing for divorce. Click here for more on mandatory parenting classes in Lane, Linn, and Douglas Counties.

  8. Respondent files a response to the petition filed, with a filing fee ($287).

  9. Provide discovery (financial documents & other documentation pertinent to the case) to opposing party.

  10. Obtain discovery materials from the Respondent.

  11. Determine goals and develop your position to begin negotiation towards a final settlement of your case and all the issues.

  12. Attempt resolving your matter through settlement. This includes, but is not limited to, making the settlement offer developed in the previous step, participating in settlement conferences.

  13. In the event that all issues could not be resolved, prepare for trial. (Review issues, draft witness questions, subpoena witness, develop trial narrative and position).

  14. Attorney will draft a Trial Memorandum for your review and to be filed with the court. This document appraises the judge of the relevant facts (parties' ages, length of marriage, number of children) contested issues (i.e. custody, parenting time, spousal support amount, child support, etc.) and frames what decisions need to be made by the judge.

  15. Participate in a contested trial.

  16. Attorney draft a General Judgment of Dissolution of Marriage incorporating the judge’s ruling that she made at the conclusion of trial.

  17. Review the draft of the General Judgment.

  18. The opposing party has an opportunity to approve or object to the form of the General Judgment. Objections are made in writing and submitted along with the General Judgment to the judge.

  19. Judge reviews the draft, addresses the objections and/or signs the draft.

  20. Exchange property and assets as prescribed in the General Judgment. Organize and obtain (if necessary) new insurance coverage.

  21. Verify that any pension or retirement account is properly set up to be distributed correctly.

  22. Review and update your estate plan after your divorce.

We look forward to helping you through this tough transition. Through knowledge about this process you become part of the process and empowered in your ability to impact the results of your case in a positive manner. If you want more information regarding family law matters click here.

We encourage you to call our office at (541) 632-4313 for a free confidential consultation regarding your divorce or other family law matter. For some more resources regarding divorce in Oregon click here.

Family Law & Estate Planning

440 E. Broadway, Suite 300 | Eugene, Oregon 97401 | Tel. (541) 632-4313 | Fax (541) 623-4779

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