When your spouse is divorcing you.

How will I know if my spouse is starting a divorce?

To start a divorce, your spouse must first file a petition for divorce. You will then be given a copy of the petition by the sheriff, or someone else, at your home or place of work. If the judge believes you can't be found, your spouse can get a divorce after publishing a legal notice in the newspaper or another public place, such as the courthouse.

If you have never received a divorce petition, you can find out if your spouse has started a divorce or already divorced you by calling the court clerk. It is likely that your spouse would file for divorce in the county in which she or he lives, so you can call the clerk in that county to see if a divorce has been filed.

Attorneys that have online access to court records, not all do, can check for you during your initial consult.

What should I do if I am served with an Oregon divorce petition?

If you agree with all of the terms of the divorce as listed in the petition, you do not need to respond. The judge will then approve all the terms in a final divorce decree. However, not filing a response is risky. If the divorce petition is general, or does not spell out exactly what your spouse wants, a default decree may look substantially different than the petition, and be difficult and expensive to overturn.

If you want to contest (challenge) the terms listed in the petition, you must file a written answer (called a response) with the court within 30 days after you were handed the papers. Contact a lawyer or your local legal services office right away to learn about what you can do. If you have been served with divorce papers, you should consult with an attorney as soon as possible.

What happens if I live in Oregon and my spouse files for divorce in another state where she or he lives?

Your spouse will probably be able to get a decree ending the marriage. But if you are served with papers that say that your spouse should get child custody, or that you should pay child support or other money, and you don't agree, talk with a lawyer right away.

There are procedures to get a case transferred to a different state once filed. If you wish to have the case heard in Oregon, you must act immediately.

Allowing the case to proceed in the foreign state may result in increased travel costs, inability to get witnesses to travel and appear, and prejudice to your rights. If you attempt to file a response on your own without consulting an attorney first, you may loose your right to request the case be moved to Oregon.