Oregon Divorce Information

A BRIEF OVERVIEW OF THE DIVORCE PROCESS IN OREGON

 

Divorce in Oregon could be final less than 2 weeks from the filing of a "Co-Petition" or about 5-6 weeks from the date your spouse is served with a "Single-Petition" Divorce.

 

There will be no court appearances if the Divorce is uncontested (your spouse does not file papers with the court asking for a hearing to dispute provisions of the Divorce).

 

At the end of the 2-6 week period, a judge will sign your divorce judgment and you will be legally divorced. The court will send you a confirmation that your judgment was signed by the judge.

 

The completed documents we prepare will be returned to you by Priority Mail, with complete and simple instructions on how to file them with the court and where to pay the court filing fees or how to request it be deferred. You will be responsible for filing these papers with the court.

 

Filings can be in person or you may mail them to the court for filing.

Below you will find additional information that will make you better informed about this process.

 

OREGON DIVORCE FACTS AND INFORMATION: Oregon is a "no fault" Divorce state. Nothing negative need be said about the other party. If your marriage isn't working you have the right to terminate the relationship.

 

CHILDREN: If you have children we prepare a "parenting" plan. This plan will specify visitation, custody and child support. You give us the visitation and custody plan you want and we will tailor it to your specific needs. Oregon law requires that all divorcing parents attend a "parenting" class. This will vary in each County. It's intention is to help resolve current and possible future conflicts between the parents, giving the children a greater feeling of security.

 

For a listing of classes by county check out:

 

http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/ParentEdList.pdf

 

CHILD SUPPORT: If there are children, a child support calculation will be determined according to Oregon divorce law. This calculation is determined by a number of factors, such as each parent's gross income, child care expenses, medical insurance costs and other special needs of the children. Child support is required and a non-paying parent may be held in contempt of court or given a jail term. We will calculate this dollar amount for you from the income and needs figures you will give us.

 

MEDICAL: It is required that a parent be designated to maintain medical insurance coverage on all the minor children. One parent may be designated or both parents may agree to jointly pay for this coverage.

 

NO COURT APPEARANCE: In Oregon there will be no court appearances or hearings for an uncontested divorce. An uncontested Divorce is a Divorce in which neither spouse trys to stop the Divorce or goes to court to fight over specific issues. Contested Divorces can be very expensive and most people find it very hard to afford. Few Divorces are contested.

 

DIVIDING PROPERTY: If there is property that needs to be divided, each spouse will designate what they will be awarded. This would include: cars, real estate, furniture and any other property you wish to divide. Including this in the property settlement agreement will protect your future interests.

 

DIVIDING BILLS: Each party should indicate and list all debts that should be paid by the spouse.This will help assure that those debts are properly paid and allow you to file contempt of court charges against the spouse should they fail to make the payments as required.

 

NAME CHANGE: We will request the court allow you to change your name back to any former name. There are no fees for this service. This is almost always approved.

 

SPOUSAL SUPPORT: We can prepare an order for spousal support. You determine the amount to be requested and for how long the alimony should be paid.

 

MISSING SPOUSES: If your spouse is missing, it is still possible to get a Divorce in Oregon. We petition the court to allow a "posting" of the Divorce petition with the local courthouse. Your spouse will usually need to be missing for at least one year for the court to grant this request. We will need to explain to the court what you have done trying to locate the missing spouse. We suggest that you send a certified letter to their last known address, do an internet search, contact utility companies and contact friends and relatives. Document everything you do trying to find them.

 

FILING FEES: Every County has a required filing fee. The filing fee is currently $273 in all counties. You must file in the county that you or your spouse reside in. These fees may be waived or deferred if you have low income or high debts. The court must grant this permission.

 

WE FULLY PREPARE ALL OF YOUR DOCUMENTS. THIS IS NOT A KIT. OUR TOTAL FEE IS ONLY $155.00.

 

CO-PETITION vs. SINGLE DIVORCE FILING: A co-petition Divorce is obtained when both parties agree to cooperate and jointly sign the completed Divorce papers. A single petition Divorce would be best used if you feel your spouse would not agree to sign or participate in a joint petition or you simply wish to limit contact with the spouse. A single petition Divorce requires that the spouse be served with a copy of your Divorce petition. They are not required to sign any documents. They may be served by any person over the age of 18, who is a resident of the state. This may be a friend,relative, process server or sheriff.

 

HOW LONG DOES DIVORCE TAKE IN OREGON? Divorce in Oregon usually takes less than 2 weeks from the filing of the Co-Petition or 5-6 weeks from the time the spouse is served in a Single Petition Divorce. At the end of the 2-6 week period, a Judge will sign the Divorce Decree and you will be sent a copy. We provide the waiver for any applicable waiting period.

 

Completed Divorce documents we prepare will be returned to you by PRIORITY MAIL, with simple instructions on how to file with the court and where to pay the required County filing fee and instructions on waiving or deferring the filing fee if you have low income or high expenses.

 

You file the completed papers with the court when you are ready. All our Divorce documents are fully guaranteed. Our staff has prepared thousands of Non-attorney Oregon Divorces since 1985.

 

RESIDENCY REQUIREMENTS: You or your spouse must be an Oregon resident for 6 months before filing Divorce papers. You must file the Divorce documents in the county in which you or your spouse live.

 

CAN MY SPOUSE KEEP ME FROM GETTING AN OREGON DIVORCE? NO! Your spouse cannot stop you from getting a Divorce in Oregon. They can disagree with you and challenge the conditions of the Divorce, such as child support, custody, or debt and property division. This can delay the divorce and lead to a hearing with a Judge.

 

CAN I MOVE OUT OF STATE WHILE WAITING FOR MY DIVORCE TO BE FINISHED?

Yes. But you can't take your children out of Oregon if your spouse got a court order to keep you from doing this. If you move out of state you would have to return for any hearings. If the divorce is uncontested, there will be no hearings for an Oregon Divorce.

 

HOW IS CHILD SUPPORT DECIDED?

Since 1989 there have been guidelines and charts that must be used to obtain an Oregon Divorce.The guidelines take into account many factors, such as the incomes of both parents, other children the parents have to support, and work-related day care costs for the children. Under the guidelines it is assumed that all parents can work a 40 hour week. Legal Alternatives will prepare all the child support calculations and include them in your divorce decree. This is a part of our service.

 

HOW LONG MUST CHILD SUPPORT BE PAID?

In Oregon the parent is usually required to pay child support until the child is 18 years old. If the child is going to school or job training at least half time, and maintains a "C" gradepoint average, the child support can continue until to age 21 and be paid directly to the 18-20 year-old child. The child support can end before age 18 if the child gets married, joins the military, or in some other way becomes legally emancipated.

 

State of Oregon Child Support Guidelines may be studied at the following website:

 

http://www.oregonchildsupport.gov/laws/pages/index.aspx

 

Oregon Department of Justice Guidelines may be studied at the following website:

 

http:// www.dcs.state.or.us

 

OUR TOTAL FEE FOR AN OREGON DIVORCE IS ONLY $155.00. WE DO ALL THE PREPARATION.

 

Please contact us for prices or specific questions. We'll be glad to help.