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What Happens in a Divorce Proceeding in Oregon? 

August 15, 2017

In Oregon, a divorce is called a dissolution of marriage. It is the only way to legally end a marriage. It’s important to discuss the divorce process with a divorce attorney medford or. For example, a spouse must have a reason they want the divorce. Oregon doesn’t have a “no fault” divorce. Instead, the spouses must use the “irreconcilable differences” as a reason for their divorce, if there is no specific reason to end the marriage.

Residence Requirement in Oregon for Divorce

One or both spouses must live in Oregon for at least six months prior to filing for divorce. Another requirement is residence within the state. The divorce petition must be filed in the county where the spouse lives. According to Oregon law, a spouse can file for a legal separation in the state if they don’t meet the residency requirement. They can later convert the legal separation to a divorce petition once they’ve lived in the state and certain county for six months.

The Paperwork to Start the Divorce Petition

Once the residence requirement is met, it’s important for one or both of the spouses to start gathering the paperwork needed for the petition. The state requires filing several documents. These documents include the actual petition to end the marriage. The spouse or spouses must pay for filing the divorce petition. If they can’t afford the payment, they must seek a waiver for the filing fee. The last requirement is officially serving the petition. The spouse who petitions the court for the divorce, must be given the documents via a third party. The third party can be the spouse’s attorney, the sheriff or process server.

Receiving the Divorce Petition in Oregon

Only one spouse can file the divorce petition. This means that the other spouse must receive the petition. Once they receive the petition, the spouse has two options. They can contest the petition by filing a response. A response is a written answer that is given to court to challenge the divorce. However, if the spouse agrees with the spouse, they usually work with their attorney to move the divorce along.

The Time it Takes to Get a Divorce in Oregon

The time it takes to get a divorce in the state depends on how complex the divorce case is. For example, if the spouses are filing for temporary orders such as temporary child support, those must be resolved first. Another factor that can determine whether the divorce takes a long time or not is whether the spouses agree. Any type of dispute will add more time to the divorce process. Lastly, the court timeline will affect the divorce process. If the courts are jammed with cases, it may take a little longer. Barring any disputes and temporary orders, the divorce could be finalized within one year.

What is a Divorce Judgment in Oregon?

Once the divorce is official, a divorce judgment is issued. They divorce judgment outlines several things. For instance, the judgment includes the official end date to the marriage. Who receives custody of the children are also outlined along with child support, health insurance and how property is divided.