Divorce FAQ
What is the legal name for a divorce in the state of Oregon?
Dissolution of Marriage is the legal act of ending a marriage in the state of Oregon and it is often referred to as a divorce.
Can fault be assigned to one or both parties?
Oregon is a "no fault" state and the only basis for a divorce in Oregon is "irreconcilable differences" which have lead to the breakdown of the marriage. Proof of blame may possibly be considered where child custody is contested, but not for the purpose of divorce.
How do I file for a divorce in Oregon?
One party files a petition with the court. The filing party is the Petitioner. The other spouse is the Respondent. The respondent must be personally served. Within thirty days of being served, the Respondent must file an "appearance" with the court, either representing himself, or through an attorney.
What if the served Respondent does not file an appearance?
The case is then settled by "default." Neither spouse can contest nor is it necessary for the parties to appear in court. A judge will sign the final documents submitted by the Petitioner and the signed "Judgment of Dissolution of Marriage" binds both spouses.
What happens if the respondent files an appearance?
There is a statutory ninety-day waiting period before a divorce goes to trial. This date can be much longer if the divorce is acrimonious; e.g. custody disputes, support or alimony disputes, property or debt division disputes. The court can grant temporary orders for matters such as temporary child support and alimony, debt payment, and protective orders.
Discovery Stage
Both parties exchange financial information and this is called "discovery." Discovery can include, but is not limited to, the exchange of tax returns, wage and income records, debt records, pension plan information, and bank accounts.
Disputes
If either party disputes custody or visitation, the court may order the parties to mediation and/or for a court approved family evaluation. Parents may also seek evaluation of the children by their own experts. It is at the judge's discretion whether to interview the children in his chambers. The judge will hold hearings or a trial and make his or her decision based on the evidence provided and the law.
Grandparent's Rights
In most Oregon cases involving juveniles, grandparents have a right to seek court-ordered visitation. Grandparents may join in a pending divorce case, or file a separate petition for Grandparent Visitation. The courts often grant visitation if it can be proven that there is a significant bond between the parties and the child spent time with the grandparents before the divorce.
Do all divorce cases go to trial?
No, the majority of divorce cases are settled. This is often after several months of wrangling and court proceedings. The few cases that are not settled will go to trial.
May I have my legal name restored?
Yes, if requested, the judge can grant the request that either or both parties return to a former name.
What are the final steps?
The judge will sign a "judgment of dissolution of marriage," but it is not final until thirty days from the judgment date. Before the expiration of the thirty days, with agreement of both parties, and notice to the judge, the judgment can be set aside. The marriage then continues as if the divorce were never filed.
At Case & Dusterhoff, LLP, these types of cases are handled by James D. Case, R. Bruce Dusterhoff, Benjamin O. Falk, and Alex Golubitsky.
Contact us to inquire about Divorce.