Category: Divorce Process

Key Takeaways:

• Yes, you can get a divorce even if you can’t find your spouse, though there are additional steps and complications.
• The process begins by filling out and filing the appropriate forms.
• You must demonstrate to the court that you made a serious, good-faith effort to locate your spouse. They will need to see documentation proving you put in the legwork.
• If you fail to track down your spouse, the court allows service by alternate means, including service by publication, service by posting, or service by mail.
• Once you exhaust all avenues, you can apply for a default judgment that will finalize your divorce.

Oregon, like most states in the union, practices no-fault divorce. These laws exist so no one is forced to remain married if they don’t want to. This includes cases where you can’t find your spouse. 

This situation comes up more often than you may think. However, the good news is that you can still get a divorce even if your spouse has dropped off the face of the Earth.

Not being able to locate your spouse does, understandably, present new obstacles, but there is a path to end your marriage.

How Can You Divorce When You Can’t Find Your Spouse?

All divorces are different. How it goes depends entirely on the specifics of your marriage and relationship.

However, they all start in the same place. This is true whether you and your spouse still live together or they’ve completely vanished from your life. Down the road, the process may become more complicated, but it still begins with the most basic first step.

Start The Divorce Process

Like with any other divorce, you need to get the process started.

First, obtain the appropriate forms, fill them out, and file them with the proper court. You also have a few fees to pay along the way.

If you can’t find your spouse, the next step is where things get tricky. But for all intents and purposes, the initial move is the same. Get the ball rolling, and go forward from there.

Attempt to Locate Your Spouse

The next step to divorce is usually serving your soon-to-be-ex and declaring your intention to dissolve your marriage. Again, this gets tricky when they’re nowhere to be found.

Before you can move on to the next stage, you have to do the legwork and put in a good-faith effort to locate them.

The court requires proof of a “diligent search,” so make sure to document the work you put in every step of the way.

Track who you call, where you search, and any other actions you take.

The good news is, you have plenty of resources and search tools at your disposal in your quest to track down your spouse.

• Check their last known address and the most recent employer. Even if they’re not there anymore, landlords or bosses may have an idea where they went.
• If you still have contact information for family or friends, that’s another place to look.
• Technology is a valuable ally. Online tools and resources often deliver results, and new ones emerge every day. In some instances, a cursory internet search may provide clues, places to check, or even the jackpot.
• Dig into phone listings in the area where you know they lived.
• Examine various databases, public court records, and even the Federal Bureau of Prisons.
• Look at the DMV, military records, and the Social Security Death Index.
• Hire a private investigator. What may take you some time may be routine for an experienced professional. They also often have access to databases and resources that the average person doesn’t.

If you hired a lawyer to represent you, they should be able to help if you can’t find your spouse. If nothing else, they will have suggestions of where to start.

Again, keep records of all your efforts. It’s important to show the court you did your best. Divorce laws demand you do the work.

Related Reading: Pro Se Divorce: The DIY Method

Service By Alternative Means

If you find your spouse, great, proceed with your divorce as normal.

But if they’re nowhere to be found, once you exhaust your options, no-fault divorce laws still allow you to move ahead.

The next step is to serve your spouse by court-approved alternative means.

It shows that you did the legwork and legitimately tried every possible option. The court must sign off on this measure, which is why it’s vital to document efforts to find your spouse, even if your search ultimately proves unsuccessful.

There are a few different ways to serve your spouse in these cases:

Service by Publication

One of these alternatives is service by publication. More or less what it sounds like, service by publication means you release a public notice via an acceptable source. This most often takes the form of a news outlet, usually a local newspaper in the area where your spouse most likely lives. The summons usually must appear multiple times.

Service by Posting

Another common method is service by posting. In these cases, the court authorizes the display of the summons in a public area of the courthouse. Visible to as many people as possible, the goal is to make this document accessible to your spouse. This has an advantage over service by publication, as posting is usually free.

Service by Mail

In Oregon, the court may also require you to send a copy of the summons to your spouse’s last known address. If this information is seriously out of date, this may not be an option.

Related Reading: How To File For Divorce In Oregon

Motion For Default

In most cases, alternative forms of service don’t yield significant results. But again, it shows you tried, and that’s the important part to the court. Once you do that, it’s finally time to move on.

After 30 days, if you can’t find your spouse and they fail to respond to the published summons, you can apply for a Motion and Order Allowing Judgment by Default.

This declares you did everything you could, but your spouse never materialized. By failing to respond, they are in default, and this document asks the court to grant a judgment in your favor.

Now, even without your spouse’s direct involvement, the court is free to split any shared assets, rule on custody issues, and decide on any other matters.

In most cases, if you’ve been apart for so long that you can’t find your spouse, there likely isn’t a ton to deal with. Still, it’s important to make everything official, especially if you’re looking to move on with your life.

While not being able to find your spouse does complicate the divorce process, it is still possible to end your marriage and move forward.

Related Reading: Jurisdiction And Divorce: Where You File Does Matter

Key Takeaways:

• Common-law marriage means that after living together for many years, the law automatically recognizes the partners as married. 
• You can’t create a common-law marriage in Oregon, but it does recognize common-law marriages from other states if the couple meets that state’s requirements.
• Oregon does have Registered Domestic Partnerships, per the Oregon Family Fairness Act.
• You must file a Declaration of Oregon Registered Domestic Partnership form; the union does not happen automatically.
• Since the OFFA is specific to couples in Oregon, it does not recognize domestic partnerships or civil unions from other states.
• If you have kids, the court considers child custody, child support, visitation, and other concerns the same way, whether you are married or not.
• Unmarried fathers have the same rights as long as paternity has been established.

A lot goes into a relationship between two people. Navigating interpersonal affairs often resembles a high-wire act. At a basic level, however, marriage is relatively simple. You either are, or you aren’t, right?

People toss the term common-law marriage around quite a bit, so it begs the question: Does Oregon have common-law marriage?

What Is Common-Law Marriage?

In a broad sense, the term common-law marriage means that after living together for many years without officially marrying, the law recognizes the partners as married. Practically, how it works is usually more complicated than that, but those are the basics.

It’s a kind of de facto marriage or marriage by default. A couple shares bank accounts, often has kids, and generally view each other as spouses.

How common-law marriage works also varies from place to place. In reality, it’s only a factor in a limited number of locations and a handful of states.

Does Oregon Have Common-Law Marriage?

The short answer is no, Oregon doesn’t have common-law marriage. With so many misconceptions about the concept, Oregon keeps it simple. You can’t create a common-law marriage here.

However, the state does acknowledge those from other places. According to the Oregon State Bar:

“[I]f a couple is from a state that acknowledges common-law marriages, and the couple meets the requirements of common-law marriage of that state, then the state of Oregon will recognize the marriage of that state as valid in Oregon.”

Registered Domestic Partnerships

While Oregon doesn’t recognize common-law marriage, it does have Registered Domestic Partnerships under the Oregon Family Fairness Act.

A registered domestic partnership is: “a civil contract entered into between two individuals who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.” (Oregon Revised Statute 106.310).

You must complete a Declaration of Oregon Registered Domestic Partnership form. These forms can be filed at any county clerk’s office in Oregon. They must be signed in front of a notary. The filing fee is $60, but some counties charge notary fees.

Since the Oregon Family Fairness Act applies specifically to domestic partnerships registered in Oregon, it does not recognize them from other states, unlike common-law marriages. Oregon does not acknowledge civil unions from other states either.

Form Instructions: Completing the Domestic Partnership Form
Form: Oregon Registered Domestic Partnership Form

Rights of Unmarried and Unregistered Partners

Cohabitation without filing paperwork with the government happens more frequently now than ever. Couples live together, mix finances, buy homes, have children, and for all intents and purposes, act as if they were married.

But unless you have a common-law marriage from another state, unregistered partnerships in Oregon aren’t protected by the same laws when it comes to dividing property.

In general, each partner generally retains their own property. Except in cases where you intentionally commingle assets. The law views jointly owned property as belonging equally to both parties.

You do have the option to ask the court to divide assets, though it’s a complicated, roundabout legal process.

In most cases, you should reserve this for major purchases, such as houses or cars. It’s probably well worth it just to buy new furniture.

However, if your name isn’t on something, things become tricky. When your name doesn’t appear on, say, the title of a car, you need to show that the intent was to share.

Spousal support is one element that doesn’t factor into long-term relationships. Again, unless there’s a pre-existing common-law marriage, this isn’t an option. You neither pay nor receive alimony in the case of a break-up.

This is also an evolving field, and Oregon has an ever-growing body of domestic partnership law. A common interpretation of this concept holds that all property is in play when determining an equitable split. While they can’t divide retirement plans, some judges compensate in other ways. We’re seeing more cases like this regularly, and it’s becoming more like divorce than ever.

Do You Have Custody Rights if You Were Never Officially Married?

The rights and obligations of parents don’t change due to marital status. Wed or not, that doesn’t impact the matter.

If you have kids, the court considers child custody, child support, visitation, and other concerns the same way, regardless of whether the parents are married.

Biological and adoptive parents retain the same parental rights whether there’s a ring on that finger, a common-law marriage, a domestic partnership, or no relationship at all.

You pursue custody and visitation through identical legal channels. Depending on the situation, you may either pay or receive child support. All of the usual things that play a role in divorce and custody battles also apply to unmarried parents.

Related Reading: What Are A Father’s Rights? (Whether Married or Unmarried)

We call it the “divorce process” for good reason. It takes a while to end a marriage. But just how long does a divorce take in Oregon?

You may be ready to end your marriage right this minute, but it’s a journey, one that takes time. No two marriages are identical, thus no two divorces unfold the same way.

Sometimes, it involves little more than filing the paperwork, paying the applicable fees, and waiting a specified amount of time. This most commonly occurs in shorter marriages with no children and little or no shared property to divide.

There are more complicated cases where things take longer. How much longer depends.

How long does a divorce take in Oregon?

In general, the more complex a marriage, the more you have to deal with, the longer you should expect it to take. Children, tons of property, retirement funds, frequent conflict, and even the length of the marriage itself all play a part.

Many factors influence how long a divorce takes. Here are a few common hurdles people must clear to dissolve a marriage in Oregon in a timely fashion.

The Waiting Period

Divorce laws vary from one state to the next. One of these is the waiting period. This is the minimum amount of time between filing the paperwork and your divorce becoming final.

Oregon used to have a 90-day waiting period, but the state did away with that a few years back and now there is technically no longer a waiting period.

After you file the paperwork, your divorce can become final in a matter of days. That said, it usually sits in a stack waiting for a judge to sign it, which may take weeks. Or longer.

This represents the bare minimum. You can file the papers, pay the fees, and call your marriage done in short order. But many other factors influence how long divorce takes and lengthen the process. You have to reach an agreement in one way or another. This often takes a great deal of time.

Related Reading: 10 Steps to Create a Divorce Strategy

Child Custody Disputes

When it comes to taking up time in divorce, child custody disputes are one of the biggies.

This is such an emotional issue for parents, tempers often flare, and conflict is common. There are a lot of details to hash out and if you and your ex argue about every point, that slows things down.

Custody cases must decide where the child lives, child support orders, visitation, decision-making authority, and more. All of this ultimately gets laid out in a parenting plan. Even if the two sides generally agree, creating this document still takes a while.

The courts aim to serve the best interests of the child, which takes time to determine. Some cases even require third-party evaluations. All of these things can combine to elongate the divorce process.

Related Reading: How Legal Marijuana Impacts Child Custody

Division of Property

You accumulate property, assets, and debts during a marriage. When you divorce, you divide all of this. The more you have to parse out, the longer it takes.

This can go smoothly. If you have a prenuptial agreement, you both agree ahead of time on who gets what. Or, if you don’t have much to split up, it may happen quickly.

But again, the more you have, the more potential delays you often encounter.

Oregon is an equitable distribution state. That means the court seeks to distribute assets fairly and equitably. The goal is for each spouse to emerge on relatively equal footing and maintain a lifestyle similar to that enjoyed during the marriage.

Property includes the obvious, like houses and cars, but also things like retirement benefits, capital gains, and even airline miles. If you argue about who gets what every step of the way, that lengthens your divorce accordingly. And people can and will argue about everything in some cases.

These conflicts, and many others, impact how long a divorce takes in Oregon.

Related Reading: Is Oregon a Community Property State?

Doing it Yourself

It’s now easier than ever to take a Do-it-Yourself approach to divorce. You can fill out and file all the forms, no divorce lawyer required. It may even be the best choice in some cases, again, usually simple, straightforward ones.

The DIY process is ideal for couples without children, much shared property, or significant assets. But in others cases, representing yourself slows things down and draws things out.

Ending a marriage requires many long, detailed forms, and legalese is not known for being user-friendly or easy to understand. Mistakes, omissions, and improperly filled-out forms cause setbacks and delays.

Even if you fill the paperwork out yourself, you may want an experienced attorney to take a look before you file. A small expense upfront may save you time, money, and headaches later. And it’s definitely less expensive than hiring a full-time divorce lawyer.

Related Reading: DIY Divorce: What is Pro Se?

Evaluations

We mentioned evaluations earlier, and there are multiple ways they show up and slow down your divorce.

Parenting evaluations are common occurrences in custody cases. The child’s well-being takes precedence over other issues, so this happens if there are concerns about abuse, mental health, substance abuse, or other red flags.

If one parent wants to move out of state with the child, you must address that topic. Business evaluations may also be necessary to examine finances. If you and your spouse own a business together, this becomes a divisible asset. It’s common to hire an outside appraiser to determine the value.

Complicated investment portfolios or situations with significant assets may also necessitate a closer look.

Again, the common theme pops up, the more you have to deal with, the longer your divorce will likely take.

These aren’t the only things that can slow down your divorce, but in most cases, this rule of thumb applies, the more there is, the more time it takes.

Related Reading: Do I Need a Divorce Lawyer? 11 Questions to Ask

What’s the Worst Case Scenario?

While the least amount of time your divorce will take in Oregon is days, what’s the worst-case scenario?

With all the things that can pop up and complicate matters, it’s not uncommon for a contested divorce to last months. Or even longer.

The more you and your soon-to-be-ex disagree, the more assets you have to divide, the more time you spend.

If your case involves mediation, arbitration, or court appearances, these require scheduling and coordination. Court dates often don’t happen for months.

With all the potential delays, divorces often take up to a year or more to finalize. That’s probably not what you want to hear, but it’s all too often the fact of the matter.

Related Reading: Student Loan Debt And Divorce

Streamlining the Process for Divorce in Oregon

Many factors affect how long it takes to divorce in Oregon. However, there are ways you can streamline the process.

Gathering relevant financial information ahead of time helps. Hiring an experienced divorce attorney who has been through this before also speeds things along.

Know what you’re willing to fight for and what you’re willing to let go—don’t argue about every point just because, that most often wastes time and money. Figure out what issues you and your spouse agree on so you can get them out of the way immediately.

Though there are ways to speed things up, know that divorce isn’t a quick process. It’s more important to do it right than do it fast.

Divorce orders are legally binding court orders, and once in place are difficult to change. Make sure it’s something you can live with. Ending a marriage impacts you, your family, and your finances for years to come, it’s worth the additional effort in the end.

Related Reading: How To File For Divorce In Oregon

Once you head down the path of divorce, you have a ton of subsequent decisions to make. This includes where you file for divorce since jurisdiction has a huge impact on what follows.

Filling out all the proper forms is one thing, but where you ultimately file them may be just as important. Do you file for divorce where you live? Or where your spouse lives? Can you file for divorce in a different county than your residence?

How Does Jurisdiction Affect Divorce?

Laws often vary from one state to the next, and even from county to county. Where you live influences how the courts divide property, rule on child custody, and even determine child and spousal support.

Because of this, you want to take steps to file for divorce in the right state, county, and even court.

Do You Have To File In The State Where You Married?

Many people mistakenly believe you must file for divorce in the state where you were married. That’s simply not true. People move around the country all the time. However, if you relocate from state to state often, it can be difficult to pin down where to file for divorce.

Members of the military often face this issue. You must meet the legal residency requirements of the state where you file for divorce. This keeps people from bouncing from one state to another to find more favorable laws.

Every state has specific rules and regulations regarding residency. Most require you to live in-state for a specific amount of time before you can dissolve your marriage there.

For example, you must live continuously in Oregon for six months before you can file for divorce here.

On the other hand, Kansas only requires 60 days, while New York wants a full year. Some states even have individual counties with residency requirements. For example, if you move from one California county to another, you must wait three months before you can file for divorce there.

Oregon doesn’t have this stipulation. If you move from Portland to Eugene, you can file immediately. But if you move to Washington, things are different. It’s important to know the regulations and the impact they have.

Related Reading: What are the Grounds for Divorce in Oregon?

Can You File For Divorce When You Live In Different States?

Divorcing spouses often live in different states.

Depending on the situation, one state may offer certain advantages to filing there. On the other side of that coin, a particular state having jurisdiction may negatively impact your case. Again, knowing how things differ is key.

It isn’t necessary for both spouses to be legal residents of the same state. If the two parties agree which state has jurisdiction, you can file for divorce there if you choose.

In cases where both parties have established residency, the state where the papers are first filed usually maintains jurisdiction.

Related Reading: How Do Criminal Charges Affect Child Custody?

What Areas Does Jurisdiction Impact in Divorce?

So, why is where you file for divorce so important? Jurisdiction impacts many facets of the process. It influences your financial state going forward, how often you see your kids, and much more. Here are the ways it can have an impact.

Division of Property:

When it comes to the division of property, Oregon practices equitable distribution. Under this model, the court views the property as belonging to the spouse who earned it.

On the other hand, some states follow community property statutes. They view all assets acquired during a marriage as belonging equally to both. This affects how the court splits up property and assets during a divorce.

Child Custody:

Child custody is a huge issue in many divorces. Numerous factors play into the court’s decision.
Courts can order joint or sole custody, but again, the specifics vary from one state to the next.

In Oregon, the court can only award joint custody if both parents agree. Beyond that, any person with an established emotional relationship with a child, related by blood or not, can petition for custody or visitation.

This is quite different from other states and illustrates how much impact jurisdiction has. The way jurisdiction is determined in cases involving children differs, but we’ll talk more about that later.

Child Support:

Child support payments cover a child’s basic necessities after divorce. This includes a safe home, food, medical care, education, and more.

Courts consider a variety of factors when determining the amount. Need, the earning potential of each parent, parenting time, and other factors play their part.

But states also weigh these elements differently, so the final amount may vary depending on where you file for divorce.

Spousal Support:

While it’s less formulaic than child support, Oregon has three types of spousal support:

• • Transitional support is designed to help smooth one spouse’s transition back to single life.
  • Compensatory support pops up most often in cases where the division of property skews sharply one way. Or when one spouse contributed substantially to the future earning potential of the other.
  • Maintenance support usually occurs when there’s a large disparity in earning potential.

Again, not every state handles things this way, so where you file for divorce often plays a huge role.

Related Reading: Is Oregon a Community Property State?

How Does Jurisdiction Affect Child Custody?

As with most areas of divorce, children complicate matters. Jurisdiction is no different. We touched on how different states rule on child custody. But establishing jurisdiction in custody cases is another issue entirely.

While spouses can consent to another state having jurisdiction in a divorce, that’s not necessarily the case with custody decisions.

This is where the Uniform Child Custody Jurisdiction and Enforcement Act comes into play. Established in the late 1960s, and adopted by every state by 1981, the UCCJEA is a statute that determines jurisdiction in cases involving children.

It’s a complicated set of rules and regulations that establish a child’s “home state” in custody situations.

Designed to serve the well-being and best interests of minor children, the home state is usually where the child lived for the previous six months or one where they have substantial connections.

These are just a few ways that illustrate the importance of where you file for divorce. Jurisdiction impacts many areas of the process, and it’s vital to know how. State laws often vary in small but significant ways you never expect.

Whether you live in Oregon or another state can have a huge impact on your settlement, and your life moving forward, and it’s definitely worth learning the ins and outs.

Related Reading: Best Interest Of The Child

When you read about divorce, you often see “irreconcilable differences” listed as the root cause of the separation. You hear this phrase frequently because the term comes from the modern “no-fault” divorce code.

What Is No Fault Divorce?

It’s been in the news lately, but what exactly does no-fault divorce mean?

Just like it sounds, no-fault divorce means, legally speaking, neither party shoulders the blame for the end of a marriage. No one has to prove the other was in the wrong. In short, to divorce, the law only requires that one of you wants out of the marriage.

No-Fault Divorce in the U.S.

The first no-fault statute in the U.S. was passed in California in 1969. Over the following 50 years, all 50 states either removed fault-based divorce from their code or added a no-fault “irreconcilable differences” clause to their code.

Therefore, in every state, you have the option to choose a no-fault divorce. However, in a few states, fault-based divorce remains on the table. In these jurisdictions, obtaining a no-fault divorce is much more challenging if one party contests the divorce.

No-Fault Divorce in Oregon

So, when asking if Oregon a no-fault divorce state, the answer is: Yes.

The current statute in Oregon provides that a divorce may be rendered when:

“[I]rreconcilable differences between the parties have caused the irremediable breakdown of the marriage.”

Furthermore, Oregon removed all fault-based divorce standards.

This means the courts will not consider evidence of acts of misconduct in divorce proceedings. This can and does still pop up in child custody matters if you show the relevance of such evidence.

Similarly, when dividing property between spouses, the courts no longer consider evidence of misconduct or fault. Instead, any assets or debts acquired during your marriage are divided under the state’s equitable distribution model.

Related Reading: How Can Adultery Affect a No-Fault Divorce?

Fault-Based Divorce

Traditional fault-based grounds for divorce are very similar to breach of contract actions. The most common grounds for divorce included:

• • Adultery.
  • Sexual deviance.
  • Mental illness.
  • Abandonment or desertion.
  • Criminal conviction.
  • Substance abuse.

Arguments For No-Fault Divorce

Proponents of no-fault divorces argue that fault-based divorces are an anachronistic legal concept. They take the stance that those laws no longer reflect the reality of marriages in modern-day America.

Additionally, they feel removing fault from divorce proceedings also removes much of the anger, bitterness, and acrimony that attends a divorce where one party must show the other was to blame.

Arguments Against No-Fault Divorce

Opponents of no-fault divorces cite the shift as the cause of the rising divorce rate, an increase in poverty for women, and a decrease in society’s value of marriage as a social pillar.

Before the passage of the no-fault code, divorce was only allowed when the parties could demonstrate fault or blame in the marriage, such as abuse, adultery, or infertility. However, over the past 50 years, the laws across the country shifted from fault-based to no-fault divorces.

Related Reading: How Long Does Divorce Take in Oregon?

We often field questions about how to divorce in Oregon.

Filing for divorce sounds like a harrowing, dramatic undertaking, and it usually gets complicated. Ending a marriage often becomes a long, intricate process.

There are hearings, mediation, meetings with attorneys, arbitration, custody disputes, property division, and more. Then you have the divorce forms to contend with.

How Do You Divorce In Oregon

On a basic level, divorcing in Oregon isn’t nearly as complicated as many assume. It is a process to be sure, but the steps are relatively straightforward.

Still, being as prepared as possible will only benefit your case. It never hurts to familiarize yourself with the stages before hand and know what lies ahead.

With that in mind, here’s an overview of the process and a look at the divorce forms you may encounter.

Fill Out The Divorce Forms

Like with any process, there is a moment when it begins.

In the case of divorce, that happens when one spouse completes and files the Petition for the Dissolution of Marriage. This is where the process truly begins.

Five pages long, this form lays out all the pertinent facts about the case.

Though the underlying reasons for ending your marriage are likely complicated, this first step is relatively simple.

On this form, you provide all the pertinent information for you and your spouse. This includes:

• Where you live.
• The date of your marriage.
• The length of your marriage.
• Each party’s current living situation.

You also answer other relevant questions. Depending on the situation, this includes information about:

• Child custody/guardianship.
• Child Support.
• Spousal support.

You must also disclose any shared assets and debts at this juncture.

Related Reading: 9 Common Mediation Questions Answered

Forms For Two Types Of Divorce

In Oregon, there are two types of divorce. The appropriate type depends on the specifics and complexity of your case. This also impacts the forms you need to fill out and submit.

Oregon is a no-fault divorce state, so there’s no need or space to assign blame for the end of the marriage. You don’t have to prove your ex was the problem, if you want to divorce, the state won’t stand in your way.

SUMMARY DISSOLUTION

Relatively simple, straightforward marriages often qualify for summary dissolution. This allows you to end your marriage without the cost and hold-up inherent in court hearings.

Summary dissolution may be an option if:

• • You’ve been married for less than ten years.
  • There are no minor children or adult children still in high school.
  • You have little or no shared property to divide.
  • Personal property valued at less than $30,000.
  • Total joint debt comes to less than $15,000.
  • Both parties give up claims to spousal support.

If you meet these conditions, you may qualify for a summary dissolution. There are specific forms to fill out if you go this route.

Petition for Summary Dissolution of Marriage/Domestic Partnership
Summons for Summary Dissolution
Declaration Acceptance of Service
Record of Dissolution of Marriage

STANDARD DIVORCE

If your case does not meet the summary dissolution requirement, you must follow a more traditional path to divorce in Oregon. What you need to file varies depending on the circumstances.

Couples without children need to fill out the following forms:

Acknowledgment About Dissolution
Petition for the Dissolution of Marriage
Petitioner’s Affidavit Supporting Judgment of Dissolution
Affidavit/Acceptance of Service
Record of Dissolution of Marriage

Things are different when children are involved in the process. Custody disputes often become heated and contentious, and the divorce forms also vary.

With minor children in play, in addition to the standard divorce forms, you must fill out others that lay out support payments, child custody, visitation, and more.

Co-Petition Dissolution With Children

File The Forms With The Court

You must meet the state’s residency requirement to file for divorce in Oregon. It varies by state, but here you must live within its borders for at least 6 months.

You can also file here if you moved away, but your spouse lives in Oregon. However, the petitioning spouse must submit a certificate of residency confirming that one of you still lives there.

When it comes to which county to submit to, you have two choices.

• You can file for divorce in the county in which you reside.
• Or you opt for the county where your spouse lives.

There’s no need to file in the county where you initially married. There is, of course, also a fee to file your divorce papers.

Related Reading: Jurisdiction And Divorce: Where You File Matters

Serve Your Spouse

Once you file the appropriate forms with the appropriate court, the next step to divorce in Oregon is serving your spouse. This makes your intentions known. In most cases, this is accomplished by hiring an outside process server.

However, if you enlist a divorce attorney, he or she generally also handles this step. In uncontested divorces, your spouse only needs to sign the Acceptance of Service to acknowledge delivery.

When the non-filing spouse signs the Acceptance of Service form, this states that they received the papers. After service, it’s the petitioner’s responsibility to submit the signed acceptance to the court. The case can’t move forward until your spouse has all the paperwork in hand.

Just like there is a Petition for the Dissolution of Marriage, there is also a Response to the Petition for the Dissolution of Marriage. If the person served—also known as the respondent—doesn’t agree with all of the requests on the Petition, that individual then files a response. This document lists all objections and any counterrequests.

Related Reading: How Is A Business Divided In A Divorce?

Complete Financial Disclosures

In Oregon, the courts require both parties to hand over complete financial disclosures.

This means each must provide a comprehensive list of all assets and all debts. Failure to follow these rules may result in substantial fines and other monetary penalties.

When it comes to property division, Oregon is an equitable distribution state. Where community property states view all assets and debts accumulated during a marriage as the equal property of both spouses, equitable distribution considers it as belonging to whoever acquired it.

No specific formula exists for dividing property, but the court does its best to split any shared assets or obligations in a fair and equitable fashion.

Related Reading: How Is Debt Divided In Divorce?

Sign And File

By this point, you’ve accomplished filing for divorce. Which is really just the start. Now you have to go through the divorce process.

In uncontested divorces, things can and often do proceed smoothly. Under ideal circumstances, when both sides agree on the issues, it involves little more than signing and filing a handful of forms.

Signing and filing the final documents is precisely what it sounds like. There are forms to fill out regarding property division, child custody, support, visitation, and other specifics of your case.

Once both sides reach a final agreement, the court examines the paperwork. If everything is in order, the judge signs off and your divorce becomes official.

In contested divorces, things become more difficult.

As friction increases, so do the complications. You often have to sit down and go through mediation or arbitration to reach an agreement. If neither of those strategies works, you may be destined to go to trial, and the court will decide for you.

All of these additional hurdles add time, stress, and money to the divorce process.

You may want to retain counsel, especially if things get heated and contentious. An experienced divorce attorney guides you through the legal system toward an optimal outcome.

Related Reading: Is January Really Divorce Month?

Finalizing Divorce in Oregon

As they lay out the concrete terms of your split, these final documents are some of the most vital divorce forms.

At the top of this list is the General Judgement of Dissolution. Why is this so important? This is the big boss, be-all end-all of your divorce in Oregon.

This spells out all of the terms and agreements in explicit detail. Child custody, child support, spousal support, debt division, and all the other issues you’ve fought for through the process.

A judge signs the General Judgement, and you and your spouse are legally bound. Because of that, it’s critical to ensure this document is prepared correctly, that everything agreed upon appears in writing, and that there are no errors. If you ever have questions in the future, refer to this document first.

Related Reading: Should I File for Divorce First?

Troubleshooting the Divorce Forms

• Make sure that you have the most current versions of the appropriate divorce forms.
• Fill them out clearly and completely — take your time, use your best penmanship.
• Sign the divorce forms in the appropriate places.
• Double-check that they are complete and keep copies for your personal records.

Divorce has such a huge impact on your life that it’s vital to take the time to make sure you do everything right.

Related Reading: Divorce or Legal Separation: Similarities and Differences

Divorce often looms on the horizon for quite some time before a couple finally pulls the trigger. In many cases, people are emotionally prepared for the process by the time they file the documents. But being emotionally prepared and being ready in a practical sense are two different things. Ending a marriage is a tricky proposition, and creating a divorce strategy ahead of time often helps people through the process.

How To Create A Divorce Strategy

You have many things to consider when creating a divorce strategy. Each situation is unique, so not everything applies equally across the board. Your choices depend on many factors: length of the marriage, whether or not you have children, employment status, and various needs. Among countless other considerations.

That said, here are common steps to consider when creating a divorce strategy.

1. Prepare Ahead Of Time

In most cases, divorce doesn’t come as a shock. As we said, people often consider it for a long time—and they should, it’s a life-changing decision. But this also provides the advantage of being able to prepare. Take steps to set up a divorce strategy ahead of time.

Meet with an attorney, start saving money, and figure out exactly what you want and need from a divorce settlement. You can even make plans for when the deal is done.

Related Reading:  A Guide to Getting Divorced In Oregon

2. Know The Laws In Your State

Laws regulating divorce vary a great deal from one state to the next. There’s no excuse for not knowing them.

In fact, not being aware of the rules in play can cost you when it comes to child custody, spousal support, and other areas.

For example, Oregon is an equitable distribution state as opposed to our neighbors, Washington and California, which follow community property statutes.

This impacts how the court divides assets and debts when it comes to the divorce settlement. As such, it can have a substantial and lasting impact. This is just one example of how laws differ from state to state. Custody, child support, and other areas have different regulations depending on where you live.

Related Reading: What is Equitable Distribution?

3. Get Your Finances In Order

Divorce often costs quite a bit of money, which probably doesn’t come as a surprise. Whether we’re talking about a simple, do-it-yourself split or an epic knock-down-drag-out courtroom trial, there are expenses every step of the way. Even just filing the initial paperwork comes with a fee.

Every appearance, hearing, and motion adds additional expenses. It’s even more if you hire an attorney. Part of creating a divorce strategy should include saving money so you don’t get blindsided when fees pop up.

Related Reading: How Is Debt Divided?

4. Organize

Are you good at juggling things and keeping details straight? Good, you’ll need to be as you navigate divorce. It’s like lobbing a hand grenade into your schedule.

You have appearances to make, meetings with your attorney, mediation appointments, and all kinds of places to be.

There are forms to fill out, documents to share and collect, assets to divide, and more. It may initially seem like a headache to keep everything straight, but being as organized as possible is a key step in creating a divorce strategy. It only benefits you and your case.

Related Reading: Mistakes Men Make In Divorce

5. Gather Financial Records

Piggybacking on the last step, one of the most important places to organize is your financial records.

Splitting up assets and debts has a huge impact on your economic footing moving forward. As such, it behooves you to prepare. During this stage, you need to disclose all of your assets.

This includes:

• Bank accounts.
• Pensions.
• 401(K)s.
• Property.

You must also list all of your debts like:

• Mortgages,
• Car payments
• Student loans.
• Credit card balances.

Know as much as possible about your collective financial state. For example:

• How much do you make?
• How much does your spouse earn?
• What property is in each of your names?

Understanding your finances is a significant part of creating a divorce strategy.

Related Reading: Ways to Save Money on Your Divorce

6. Create A Divorce Strategy For The Kids

Divorce is tough on everyone, but it’s especially important to look after the most vulnerable participants: your children.

Emotions run high when a case involves kids and people don’t always think straight.

Learn about child custody laws in Oregon. Find out how the state calculates child support and dig into topics like visitation and parenting plans.

The legal stuff, however, only forms part of it.

You have a lot going on, but so do they. Children need support during the process. They require child care and someone looking after them, just like any other time.

Additionally, there are added pressures and emotions to deal with. It’s vital to keep an eye on them and what they need and to let them know they’re loved even in this stressful time. Maybe that’s checking in regularly, but maybe it requires something more significant.

Related Reading: Calculating Child Support

7. Safeguard Your Credit

During a marriage, you and your spouse enter into all kinds of joint financial arrangements. You share credit cards, sign for car loans, and put your names on mortgages.

Divorce doesn’t automatically change any of these agreements, which is important to know as it can impact your credit.

Divorce settlements often detail which spouse remains responsible for which debts. They usually contain provisions that your ex must make certain payments or even refinance a loan to remove your name.

That’s great if it happens, but if it doesn’t, you may take the hit.

It hurts your credit, and in some cases, if your name stays still on a bill, creditors will come after you to collect. Part of creating a divorce strategy should entail keeping an eye on your credit.

Related Reading: Can You Make Major Purchases During a Divorce?

8. Create A Support Network

During what can be a chaotic, emotional, trying time, it’s important to look after your mental health.

Having a support system in place is a substantial part of this. Know who has your back, where to turn to for both legal and personal advice, and even financial help.

You may need someone to watch the kids while you’re in mediation. Or maybe you just need a friend to have a beer with and remember what normal feels like.

Friends, family, loved ones, and even support groups are often vital in divorce. Taking care of yourself is essential.

Related Reading: Should You File for Divorce First?

9. Hire A Divorce Lawyer

There are more resources available for DIY divorce than ever before. In reality, you can end a marriage with little more effort than downloading, filling out, and filing the appropriate forms.

But it doesn’t take much for the dissolution of marriage to get complicated. Even if you don’t wind up hiring a divorce attorney, consider exploring your options.

This is especially true if your spouse has representation. An experienced attorney helps create a divorce strategy and guides you through the process. Sometimes you need a skilled pro in your corner.

Related Reading: DIY Divorce in Oregon

10. Plan For The Future

Creating a divorce strategy isn’t always just about the divorce. Caught in the middle, it’s all too easy to get lost in the day-to-day fight.

But divorce is about more than right now, it’s about the future. Don’t lose sight of that, even if all you want is to get through and put this behind you.

There are practical concerns, like changes in tax status, child custody and support, and finding a new place to live to consider. You need to address all of that, of course. But don’t forget to take the time to look at the positive and to consider the ways your life will improve.

Even if it’s not much, dedicate a little time to thinking about and exploring the possibilities. It can do wonders for your frame of mind.

Ending a marriage represents a titanic shift. Ideally, divorce is a move in a positive direction, but that doesn’t mean the process isn’t chaotic and stressful. There’s conflict to attend to, forms to file, bills to pay, and unexpected twists and turns.

Creating a divorce strategy ahead of time often helps smooth out the process. You’ll surely still encounter some unexpected bumps, but preparation can keep them to a minimum and help you deal with them when they do pop up.

Related Reading: Should I Move Out During Divorce?