Portland, OR(Law Firm Newswire) June 10, 2020 – An Oregon divorce may be over in a few weeks, but it typically takes longer.
Oregon is a “no-fault” divorce state. That means a spouse does not have to prove a fault ground for divorce.
A spouse may file for a divorce in Oregon if the marriage occurred in Oregon and one spouse still lives in the state. A spouse may also file for a divorce if one spouse has lived in Oregon for at least six months. If neither spouse has lived in Oregon for six months, a spouse can obtain a legal separation, which can become a divorce after the residency requirement is met.
A couple can obtain an uncontested divorce if they have been married 10 years or less and they have no minor children or adult children attending school. Other requirements include that neither spouse owns real estate in the state, the parties’ personal property is less than $30,000, the debts are not over $15,000, neither party seeks spousal support, and the couple agrees on the division of assets and debts. The divorce can be settled quickly, and the parties do not have to appear in court.
In a contested divorce, the parties must agree on issues like spousal support, the division of assets and debts, child custody, visitation, and child support. If the parties have minor children, they must attend a parenting class.
To start a contested divorce, one spouse serves the other with a summons and petition. The party served has 30 days to file a response or a counter-petition. The divorce process goes much quicker if the parties agree on support and property issues. If the parties cannot agree, they may attend mediation. A neutral party attempts to resolve the issues between the parties.
Many factors can affect the length of the divorce process. The parties may hire experts, such as accountants, real estate appraisers and child psychologists. The parties may engage in the discovery process, where the parties request information and documents from each other. Hearings may be necessary to resolve discovery disputes or to set temporary spousal and child support during the divorce process.
Talk to a divorce attorney at Gearing, Rackner & McGrath, LLP at 503-852-5339 or contact us on our website https://grmfamilylaw.com/through our online form to learn how we can help.
Gearing, Rackner & McGrath
121 SW Morrison Street, Suite 750
Portland, Oregon 97204
100 39th Avenue, Suite 100
Astoria, Oregon 97103