Portland Divorce Attorneys

Oregon Divorce Process

No matter what the circumstances are, deciding to end your marriage is one of the most difficult decisions of your life. The divorce process is stressful and complicated, so you want an experienced divorce attorney to represent you. Here’s a step-by-step look and how the divorce process works in Oregon.

Retain a Portland Divorce Lawyer

The first step in any divorce is having an initial consultation with and retaining a Portland divorce attorney. In your initial consultation, you should discuss facts, law, and issues specific to your divorce to ensure you’re working with the right divorce lawyer for you.

Once you’ve met with a lawyer you trust and retain their services, your attorney can begin working to gather relevant information and make the major decisions on how the case should proceed. You and your attorney will determine the overall goal for the outcome of your divorce, what relief should be sought, and whether or not to offer settlement proposals. These goals may change over the course of the proceedings as more information becomes available.

Filing a Dissolution of Marriage

In Oregon courts, a divorce case is initiated by one spouse, known as the petitioner. The petitioner will file a Petition for Dissolution of Marriage, which is the document that contains the factual and legal basis for the divorce, with the court. Once the dissolution of marriage is filed, the other spouse must be served with a summons personally and will have 30 days to file a counter-petition or a response.

Temporary Court Orders

Waiting for a judge to finalize a divorce is not practical in some cases, so it may be necessary to seek temporary relief at the beginning of the divorce. These temporary orders can include child support, spousal support, temporary custody of children, and temporary residence in the marital home, among others. If a temporary order is requested, the court will typically rule on the request quickly. If granted, the order generally remains in effect until the divorce is granted or the court orders differently.

Reaching a Settlement

In Oregon, if both parties can agree on items like property and debt division, custody, spousal support, and child support, you can negotiate a settlement. This agreement is known as a Marital Settlement Agreement or a Stipulated General Judgment of Dissolution of Marriage. If you cannot agree, the next step is to enter into mediation.

The mediation is handled by an impartial third party who specializes in helping couples reach amicable settlements. Mediators cannot force either party to accept terms, which means you will have greater control over the outcome of mediation, rather than a trial. If the two parties cannot reach a settlement through mediation, the case will move on to trial.

It is important to note that mediation may not be an option in some divorce cases. You should consult with your divorce attorney on whether mediation is right for your case.

Go to Trial

The final step of the Oregon divorce process is a divorce trial. If the spouses cannot reach an agreement through mediation or if mediation is not an option, they will bring their case before a judge. The judge will hear each party’s case and make all decisions regarding child custody, spousal support, property division, and more.

The trial concludes once the judge offers their final judgment on the case. Once the final judgment is signed by both parties and the judge, the dissolution agreement is final.

Do I Need a Divorce Lawyer?

Not every divorce demands full legal representation – although at the least we always recommend DIY support from an attorney. If any or all of the following points apply to you, you may not need traditional representation from a Portland divorce lawyer:

• You’re on Good Terms – If you and your spouse don’t hate each other, but know that you can’t stay married, you can often come to a fair agreement regarding the raising of children and dividing of assets.
• You Agree on Essential Points – Even if you really don’t get along, you may still agree about how property and other essential assets should be divided.
• Your Marriage was Brief – It is increasingly popular today for married couples to regret their decision after just a few months or years. In these situations, it is often possible to separate without an attorney.

While getting a divorce without an attorney is possible in some cases, that isn't always the case. If any of the following points applies to your divorce case, then you will want to hire a Portland divorce attorney as soon as possible.

• Abuse – If your spouse is physically, emotionally or sexually abusing you or your children, you absolutely need an attorney to provide the necessary protection in your case.
• Dishonest Spouse/Narcissist – If you believe your spouse has hidden assets or is otherwise being dishonest, or if they have a narcissistic personality, then you need an attorney to help bring the truth to light.
• Spouse Has an Attorney – If your spouse already has a divorce attorney, then it is a good idea to hire.

Contact Pacific Cascade Legal today to consult a family divorce attorney in Portland!