how to get a divorce in oregon without an attorney

Six steps to an Oregon divorce.

• Initiate the divorce process.
• Notify your spouse.
• Decide whether to pursue an uncontested divorce or a contested divorce.
• Decide whether to hire an attorney or not.
• Resolve the three big issues.
• Finalize all paperwork.

Full Answer

How do I file for a divorce outside of Oregon?

Your spouse and you were married outside of Oregon, then one spouse at least should have lived in Oregon for a minimum of 6 months before you can file for divorce. The spouse filing for divorce should also file with the court a residency certificate stating that at least one of the spouses lives in the filing county currently.

What is an uncontested divorce in Oregon?

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.

Can a same sex couple get a divorce in Oregon?

Oregon law lets couples of the same sex to enter into domestic partnerships and they must also follow the same procedure as traditional marriages to end the union in the state. You can file for a “summary dissolution” if there are not many issues in your marriage or your domestic partnership.

Does Oregon have “no fault” divorce?

No, Oregon has “no fault” divorce. The only reason you need is that you and your spouse cannot get along and you see no way of settling your problems. The law calls this “irreconcilable differences.”

How long does an uncontested divorce take in Oregon?

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.

How much does it cost for an uncontested divorce in Oregon?

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.

How much does it cost to file for divorce in Oregon?

$301The Cost of Filing Fees As of 2020, the cost of filing for separation, annulment, or divorce is $301. You will pay this amount to the court when you file your forms with the court clerk. This fee simply allows the divorce process to begin; it does not cover any attorney fees or other expenses associated with divorce.

Can you serve divorce papers yourself in Oregon?

Oregon law does not allow for a person to serve their spouse by themselves. In fact, anyone who is named in the divorce paperwork cannot serve the opposite party. So in order to serve your spouse divorce paperwork, you must go through an approved method of service.

How can I get a quick divorce?

By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed—especially in a state with a short residency period—you can get a quick divorce. The benefits of a quick divorce are that it saves money on legal fees and it saves a lot of stress.

Can you be denied a divorce?

Thus, the courts can deny you a divorce if the judge is convinced you haven't sorted all your kid's custody issues. Not proving at-fault divorce – If you stated fault-based grounds for divorce, such as adultery, and you failed to sufficiently support these claims with evidence, the court can deny your divorce.

Does Oregon allow online divorce?

Uncontested Dissolution of Marriage 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. The Oregon Judicial Branch provides dissolution forms online.

How quickly can you get divorce in Oregon?

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.

Can I get a divorce without my spouse knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

Can you get a divorce without the other person signing the papers?

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.

Is Oregon a 50/50 divorce state?

Oregon is an equitable distribution state and will divide all marital assets in a fair and equitable way. This does not necessarily mean that assets will be divided equally on a 50/50 basis. Before this happens, the determination must be made as to what constitutes marital property and constitutes separate property.

Can you be served by mail in Oregon?

If the other party is willing to accept service, the filing party may simply mail or hand-deliver a copy of the Summons, petition/complaint, and other documents to the Defendant / Respondent, along with a form called an “Acceptance of Service.” In family law matters, the Acceptance of Service form is available on the ...

How long do you have to live in Oregon to get divorced?

In almost all cases either you or your spouse must have lived in Oregon for at least six months before you file the divorce papers. If one of you has lived here that long, you need to do three things to start your divorce:

How much does it cost to serve divorce papers in Oregon?

If you have a county sheriff in Oregon serve the divorce papers on your spouse, you will be charged a service fee of approximately $25.

What does a divorce petition tell you?

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.

How much does it cost to file a petition in the courthouse?

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.

How long does it take to get a divorce judgment?

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.

How to serve your spouse if you can't find your spouse?

If you cannot find your spouse, you will need to serve your spouse by either publishing or posting a notice that you have filed for divorce. You MUST have an order signed by a judge that gives you permission to serve your spouse by publishing or posting notice. To get the order, you will have to show the judge that you have tried in many ways to find your spouse. If notice is published in the newspaper, there will be a fee of about $100. Posting the notice in the courthouse is free. You can find out more about these kinds of service from a lawyer or the instructions in the self-help forms that you are using. An alternative form of service packet is available on the OJD Family Law website *.

How to get your court fees waived?

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 *.

How long do you have to live in Oregon to get divorce?

In almost all cases, either you or your spouse must have lived in Oregon for six months before filing for divorce. In addition, the divorce must be filed in a county in which one of you live. It is possible for you to obtain a legal separation in Oregon prior to obtaining six months residency and then convert that to a divorce once you have lived in Oregon for at least six months.

What happens if you can't agree on divorce?

If you and your spouse cannot agree and one of you will challenge the divorce issues in court, a judge will have to make a decision about the issues.

What is legal separation?

A legal separation is a court order that states who gets custody of the children, who pays support for the children, whether spousal support is ordered, and who gets what property. You might want a legal separation if your religious beliefs prohibit divorce or if you or your spouse have not lived in Oregon long enough to file for divorce. A legal separation costs about the same as a divorce. Filing for legal separation does not prevent a divorce from being filed.

What is mediation in divorce?

Mediation is one or more private counseling sessions in which a trained person tries to help you and your spouse reach an agreement. Most, if not all, counties offer this as a free service through the courts. The judge will probably order both of you to go to mediation in an attempt to agree on divorce issues such as child custody, and parenting time. Some counties allow you to mediate support and property division as well. If this process is not appropriate for you because of safety or other concerns, you may ask that the requirement be waived.

How much does it cost to file for divorce?

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.

How to contact Oregon State Bar?

The number to call is (503) 684-3763 from the Portland area, or (800) 452-7636 from elsewhere in Oregon.

How long does it take to respond to a divorce petition?

If you want to challenge the terms listed in the petition, you must file a written answer —called a “response” — with the court within 30 days after you were handed the papers.

Forms for Dissolution (Divorce) and Dissolution of Registered Domestic Partnership

Print the packet (first in the list) or print each form in the packet individually.

Translated Forms

NOTE: Forms must be translated into English before filing with the court.

What is an uncontested divorce in Oregon?

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.

How long do you have to wait to get divorce in Oregon?

Since there is no mandatory waiting period in the state of Oregon any longer, you can end your marriage in a few days of filing for divorce.

How long do you have to live in Oregon to get divorce?

Your spouse and you were married outside of Oregon, then one spouse at least should have lived in Oregon for a minimum of 6 months before you can file for divorce. The spouse filing for divorce should also file with the court a residency certificate stating that at least one of the spouses lives in the filing county currently.

What is the judgment for dissolution of marriage?

The judgment for the “dissolution of marriage” may be given: If either of the spouses was not capable of consenting to the marriage due to insufficient understanding or not being of legal age or making the marriage contract. If the consent of either spouse was got by fraud or force.

How much does it cost to file a marriage certificate in Oregon?

Fees: You need to pay a fee of $235 to file your papers in Oregon and the fee for serving your spouse is around $35.

What is an affidavit of petitioner supporting judgment of dissolution?

Affidavit of Petitioner Supporting Judgment of Dissolution: By asking questions regarding residency and divorce requirement, this form ensures that you qualify for a divorce in Oregon.

How long do you have to be married to get summary dissolution?

To qualify for a summary dissolution, you must fulfill the following criteria: You should have been married for 10 years or lesser than 10 years. Your spouse and you should not have any minor children or adult children studying in high school. Your spouse and you do not own any property such as land, buildings, etc.

What is a divorce in Oregon?

A divorce legally ends a marriage or a Registered Domestic Partnership (RDP). In Oregon divorce is called "dissolution of marriage. ". A dissolution of marriage or a RDP is started when one spouse or partner files a petition for dissolution. The spouse or partner who files the petition is called the petitioner.

What is the phone number for Oregon State Bar?

The number to call is (503) 684-3763 from the Portland area, or (800) 452-7636 from elsewhere in Oregon.

What happens if you are not co-petitioner?

If the parties are not co-petitioners, after the petition is filed, the petitioner must arrange for the respondent to be "served" with a copy of the petition and other court papers and information. This means that the respondent is given a copy of the petition that was filed with the court and a summons.

What to do if the petitioner cannot find the respondent?

If the petitioner, or the sheriff, or process server cannot find the respondent, the petitioner may ask the court to allow the respondent to be served by publishing a notice in a newspaper or posting at the courthouse or another means of alternate service.

How long does it take for a dissolution case to go through?

If a judge has to make decisions, the case will take longer. The respondent has 30 days after being served to file a response.

How is spousal support determined?

How is spousal/partner support determined? Whether or not spousal/partner support is appropriate in your case is determined by a number of factors that the court takes into consideration, such as length of marriage or partnership, income of the parties, health of the parties, age, lifestyle etc.

How long has neither party lived in Oregon?

Neither party has lived in Oregon for six months.

What is divorce in Oregon?

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.

How much does it cost to file for divorce in Oregon?

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.

How to get proof of service in Oregon?

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.

How long does a spouse have to live in Oregon to get divorce?

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.

How long does a divorce certificate last in Oregon?

Access to divorce certificates in Oregon is restricted by state Administrative Rules for 50 years following the date of divorce.

What does it mean to split your marriage in Oregon?

Bifurcation of marital status in Oregon means that both parties can legally divide their divorce into two stages.

How much does a divorce attorney charge?

If you are not able to reach a settlement on your own with your spouse, expect to pay an attorney legal fees that will range from $200 to $500 per hour depending on how complex your divorce is and how many hours it will take to resolve those issues. Many attorneys will also ask for some sort of retainer up front as well.

How do courts divide debt in Oregon?

Courts divide debts in Oregon the same way they divide assets. They are split in an equitable manner, although not always on a 50/50 basis.

What is spousal maintenance in Oregon?

Spousal maintenance provides payments by one spouse to the other for financial support. It can be for a set or open-ended amount of time. Several factors influence the amount and duration of spousal maintenance in Oregon. They include: The present and future earning capacity of each spouse.

Is Oregon a 50/50 state?

Oregon is an equitable distribution state and will divide all marital assets in a fair and equitable way. This does not necessarily mean that assets will be divided equally on a 50/50 basis. Before this happens, the determination must be made as to what constitutes marital property and constitutes separate property.

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How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

How long do you have to be a resident to file for divorce in South Dakota?

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

How to split property in divorce?

1. Consider how assets are going to be distributed. If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What to do if you can't agree on alimony?

Discuss the need for any alimony payments with your spouse and agree on an amount, if any, before filing for divorce. If you cannot agree on alimony, consider hiring an attorney so he or she can help you protect your financial assets or get the spousal support you deserve.

What to do if you have trouble agreeing to divorce?

However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible. ...

What is divorce in marriage?

A divorce is the ending of a valid marriage. The rest of this article will focus on this proceeding.