Overview of Divorce Law

What is a divorce? What gets decided in a divorce?

A divorce is a way of legally ending (dissolving) a marriage. After you have gone through all the steps in a divorce, you will get a divorce decree (also called a "General Judgment of Dissolution of Marriage"), which is an order signed by a judge.

The divorce Judgement will usually state:

• The date your marriage ends;
• Who gets custody of the children and when the other parent sees them;
• Who pays child support and how much;
• If health insurance for the children will be paid and who will pay it;
• Who should pay past bills;
• How property (including retirement benefits) will be divided;
• If one spouse must pay support to the other (spousal support or alimony).

Do I need a legal reason to get a divorce?

No. Oregon is a no-fault divorce state. You do not have to prove adultery, abandonment, or abuse to get a divorce. The law calls this "irreconcilable differences." The fact you want a divorce is enough.

What if I want a divorce but my spouse does not?

Your spouse cannot stop you from getting a divorce. When people talk about "fighting" or "contesting" the divorce, they are arguing over the terms of the divorce, not the fact the divorce is sought. But your spouse can contest the terms of that divorce.

I have been in Oregon for four months. Can I get a divorce here now?

In almost all cases either you or your spouse must have lived in Oregon for six months before filing for divorce. However, you may be able to seek protection from the court by filing a legal separation, and converting it to a divorce once you meet the six month residency requirement. Some people choose to file a legal separation to get the court's protection and involvement prior to meeting the six (6) month residency requirement. If you are new to the state, and need child support, or temporary orders regarding custody and parenting, we may be able to help you by filing a legal separation. An attorney may be able to assist you in gaining the court's protection and involvement the day you step foot into Oregon.

How long will it take me to get a divorce?

An uncontested divorce (where you and your spouse do not disagree about the terms of the divorce) can be final approximately four months after the divorce petition is filed and delivered to your spouse. A contested divorce (where you and your spouse are arguing about the terms of the divorce), could take much longer than four months because court hearings may be needed. If you have an emergency, it is possible with full cooperation to finish a divorce without children within a week.

Will I have to go through a trial to get a divorce?

If the divorce is uncontested (if you and your spouse agree about all the terms of the divorce), you can probably get divorced without a trial. But if the divorce is contested you will probably need a trial.

What will it cost to get a divorce?

Court costs and fees range from $300-350. The Circuit Court Clerk's office at your local courthouse can tell you the costs and fees in your county. If you can't afford to pay the costs and fees, depending on your income you may be able to have the costs waived or deferred. Attorney fees vary greatly and usually depend on the experience of the attorney handling your case. You can expect to pay anywhere from $125-$250 per hour for an attorney.

Do I have to have a lawyer to get a divorce?

No, but if your paperwork is filled out incorrectly, you may significantly increase the time it takes to finish your case. There are mistakes you can make that are unrepairable. Also you can expect to pay more money having problems corrected than if you had allowed an attorney to assist you initially. If you and your spouse disagree on parenting time, custody arrangements, or the distribution of property, you should at least consult an attorney regarding your rights.

Can I have a service prepare my papers and file them myself?

Yes, but keep in mind that these services are usually not attorneys. They cannot give you legal advice. They will simply prepare your papers. If the papers end up being wrong they could be your responsibility. Your rights may then be significantly affected. The savings you think you might be getting by having a service prepare the papers may be small compared to the years of headaches you might have later trying to deal with the unexpected consequences of a misplaced or misused word or phrase.