Full Answer
You can file for divorce in Oregon if: Your spouse and you were married in Oregon, so long as either of you is a resident of Oregon when the divorce case began. It does not matter how long you’ve lived in Oregon, as long as it is currently your place of residence.
An uncontested divorce is called a “Short Form Dissolution” or a “Summary Dissolution” in Oregon. To file for this short form of divorce your spouse and you must fulfill certain criteria and this type of divorce allows you to end your marriage without going to court at all.
If the marriage was solemnized (made official) in Oregon, one of the spouses must be a resident of Oregon when the petition for dissolution is filed.
The spouse who files for the dissolution is called the petitioner, and the other spouse is the respondent. Oregon also allows spouses to file together as co-petitioners. Oregon is a pure "no-fault" divorce state, which means it does not permit spouses to allege any wrongdoing as the reason for the divorce.
The summary dissolution forms and other self-help forms are intended to help get you a divorce without an attorney. But you have the right to be represented or helped by an attorney if you can obtain one. It may be helpful to see an attorney before you file the forms, to make sure you have filled them out correctly.
The filing fee for each party in a divorce is $287, as of September 2019. The cost to serve your spouse usually starts at $40 and increases depending on the company you use and how difficult it is for them to find your spouse. There may be other filing fees depending on your specific circumstances.
On average, it costs between $11,000-15,000, but a lot of factors go into that number, and it may be drastically less depending on your specific situation. Many of the expenses of dissolving your marriage are readily apparent. For example, hiring a lawyer is going to incur fees.
about three monthsAn uncontested divorce (where you and your spouse agree about the terms of the divorce) can be final about three months after the divorce petition is filed and delivered to your spouse. You may be able to reduce this time if the judge thinks you have a very good reason.
An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.
Online Divorce Without a Lawyer in Oregon You will receive the completed divorce paperwork kit online within a couple of days. Just print them, sign them, and you can immediately file them with the court.
​It does not generally matter who is the first to file dissolution papers. The court does not give any preference to the first person to file (the petitioner), or any disadvantage to the person who is the respondent. The filing fees are the same for both the petitioner and the respondent.
Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.
In order to have a legally-enforceable separation in Oregon, a petition must be filed with the local county court. A judgment must then be entered. The judgment of separation leaves an otherwise valid marriage in-tact, but allows the parties to live apart.
You can file on your own, or (because you and your spouse agree on all the issues in your divorce) you can file with your spouse as "co-petitioners." However, if you choose to file as co-petitioners, the Oregon courts recommend contacting a lawyer.
Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.
Divorce in Oregon can take on average between 6 and 12 months from the date your divorce case is filed until your divorce is final. There is no waiting period in Oregon, so your divorce can even be completed within a few weeks if both parties agree on the terms and a Judge signs off on your petition.
Divorce is a permanent and legal end to a marriage. In Oregon, it is known as a dissolution of marriage. All ties are severed, assets are divided, custody and alimony issues are resolved, and each spouse goes their separate way after a final decree is issued.
To file for a divorce in Oregon, a petitioner will need to pay a filing fee of $273 and an additional fee to have documents served on a spouse. This may run anywhere from $30 to $75, depending on what source you use. When a defendant responds, they will also need to pay a $273 filing fee as well.
The easiest way to complete proof of service in Oregon is to have your spouse sign paperwork that he or she has been served. If they will not agree to do this, then your attorney will make arrangements for proof of service to be completed.
If the marriage didn’t take place in Oregon, to start divorce proceedings either spouse must reside in the state continuously for the six-month period before the divorce is filed.
Access to divorce certificates in Oregon is restricted by state Administrative Rules for 50 years following the date of divorce.
It both spouses file a co-petition for divorce, it usually takes about two weeks or less for a judge to sign off on the divorce. If a single spouse petition is filed, it takes about 5-6 weeks from the filing because a respondent has 30 days to file a response to the initial complaint.
Aside from the decision to get a divorce, the single most important decision you will make is the type of divorce. You see, there are only two ways that you reach a final resolution: You and your spouse agree. A judge decides. That’s it. The type of divorce sets the frameworks for how you get to a final resolution.
To give you the best chance at a fair outcome for your divorce, you need to understand the rules and processes that will govern your case in Oregon. Many of these are common to all cases and knowing what they are will give you a higher degree of confidence as you work through each of the issues.
You can set the tone for how your divorce will proceed from the outset if you approach the task of gathering information the right way. Doing so can save you time, money and stress in the long haul.
Once you have made the decision to divorce, you need to decide the framework for your divorce. You have several options, driven in part by your relationship with your spouse and how well you can agree to work together to achieve a mutual goal.
You might be able to file for a summary dissolution, which is the easiest of all types of filings, as long as you meet all the criteria, including:
After you have completed your paperwork, it must be filed with the county court of the county where either you or the defendant lives. If your spouse lives out of state or is in the military, check with the court personnel to see what special rules apply.
It’s possible to complete proof of service in Oregon by having your spouse sign paperwork to confirm he or she has been served.
To file for a divorce in Oregon, a petitioner must pay a $273 filing fee. There will also be an additional fee if you use a sheriff or a process server to complete proof of service. This may run $25 to $75. This amount will vary depending on which method you choose.
If your spouse does not file papers to contest the divorce by thirty days after service, you will be able to get a final divorce judgment in approximately two months.
The petition tells the court and your spouse what you are asking for in the divorce. 3) You must have the petition served on (officially delivered to) your spouse. This lets your spouse know that a divorce action has been started and what you are asking for.
When you file the petition with the court clerk, you will be charged a filing fee of approximately $400. Each county charges its own fees based on services offered there; call the Circuit Court Clerk's office at your local courthouse to find out the cost and fees in your county.
To get your fees waived or deferred, you must fill out a form called an "Application for Waiver or Deferral of Fees" that gives the court information about your income. The form and instructions can be found on the OJD Family Law website *.
If you are using "do-it-yourself" forms, the class you go to or the instructions you receive will give you information about the kinds of things you can ask for in a divorce. After the petition is written, it is filed (turned in) at the courthouse. Other legal paperwork is required, too.
The summary dissolution forms and other self-help forms are intended to help get you a divorce without an attorney. But you have the right to be represented or helped by an attorney if you can obtain one. It may be helpful to see an attorney before you file the forms, to make sure you have filled them out correctly.
An uncontested divorce in Oregon is known as a summary dissolution and is only available if you and your spouse fulfill the following criteria:
If you fall outside any of these stipulations, you will have to go through court hearings to get a divorce in Oregon, but this does not mean that you will have a legal battle on your hands.
Divorce settlement agreements are available from the following sources:
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If you are looking for county-specific help in Oregon, we can give you information on divorce in:
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In the state of Oregon, it usually takes from two to six weeks for a divorce to be finalized after the court accepts the forms. Start Now.
The Oregon Judicial Department recognizes all the divorce forms we produce. This means that you can be sure that the court will approve your forms, and you won't have to waste time making edits and changes. All of the above makes Online Divorce Oregon the best way to save your time and effort while going through an uncontested divorce.
Print the packet (first in the list) or print each form in the packet individually.
NOTE: Forms must be translated into English before filing with the court.
In Oregon, a divorce is called a "dissolution of marriage." The spouse who files for the dissolution is called the petitioner, and the other spouse is the respondent. Oregon also allows spouses to file together as co-petitioners.
Filing Fees for Uncontested Divorce. It costs $301 to file a dissolution of marriage in Oregon. Filing fees do change, though, so you'll want to confirm the fee with the clerk of the court where you'll be filing your petition. Most of the time, you pay the filing fee at the same time you file the petition.
A summary dissolution is an uncontested divorce which allows couples to end their marriage without ever appearing in court. Summary dissolution is a streamlined option, but is available only to couples who satisfy the following requirements:
If the marriage was solemnized outside of Oregon, at least one of the spouses must be a resident of Oregon when the petition for dissolution is filed, and have lived in the state continuously for a period of six months before the filing. (Or. Rev. Stat. Ann. § 107.075 (2021).)
The judgment will include all of the judge's rulings (which, in an uncontested divorce, will often mirror your agreements with your spouse). Once the dissolution judgment is signed, be sure to request a copy for your records. Talk to a Lawyer.
Many couples who want to file an uncontested divorce do not qualify for a summary dissolution. However, they can still file for a "Dissolution of Marriage" as co-petitioners. As with summary dissolution, the parties have the option to mail their dissolution documents to the court. However, they must attend a court hearing in person.
In addition to meeting the requirements above, couples hoping to file a summary dissolution must agree on all divorce-related matters, including division of property and debt. Couples can either file their forms in person or mail them to the court.