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Family Law AdvisorŪ
Frequently Asked Questions

- Oregon Divorce FAQ's -

  1. What is a"dissolution of marriage?"

    2. A dissolution of marriage, commonly called a divorce, is the legal act of ending a marriage. Oregon is a "no fault" state, meaning the only basis for a divorce is "irreconcilable differences which have led to the irremediable breakdown of the marriage." No judge permits or requires proof of blame or acts of misconduct; however, such evidence might be considered where child custody is contested.


  2. If I live somewhere else, can I file for divorce in Oregon?

    3. Probably, if you have connections with Oregon or are temporarily away. At least one spouse must be a resident of Oregon for at least six (6) months before filing a Petition for Dissolution of Marriage, and you must file the petition in the County where one spouse lives.

  3. How is a divorce case started in Oregon?

    4. A. The filing of a petition starts a divorce. The spouse who files is the petitioner. The other spouse the respondent. Living apart at the time of filing is not required, although most couples are separated.

    B. The respondent must be personally served with process to bring him or her within the jurisdiction of the court. The sheriff or a "process server" may do this, but one spouse can never serve the other!

    C. Within thirty (30) days of being served, the respondent must file an "appearance" with the court, either pro se (representing oneself) or through an attorney.

  4. What happens if the respondent spouse cannot be found or evades service of process?

    5. If the respondent cannot be found, sometimes "substituted service" will be sufficient to allow the court to act on the status of the parties and enter certain divorce judgments. "Due process" requires lawful service on the respondent before his or her custody, support and property rights can be adjudicated.

  5. What happens if we serve the respondent, but he or she does not file an appearance?

    6. The case goes by "default," meaning neither of you contest anything and neither party appears in court. A judge will sign final documents submitted by you (or your attorney) and both sides are bound by the signed "Judgment of Dissolution of Marriage."

  6. What happens if the respondent files an appearance?

    7. Oregon has a statutory, 90-day waiting-period before a divorce can go to trial (presumably so you are sure you have "irreconcilable differences which have led to the irremediable breakdown of the marriage."). However, if either of you contests any matters (i.e., custody, visitation, support, alimony, property or debts), the wait for a hearing date (trial) can be much longer. Many cases require temporary relief during this time, such as orders for temporary child support or alimony, protective orders concerning children, orders for use or preservation of assets, compelling mortgage payments or restricting additions to joint debts, and certain other "status quo" orders. After a brief hearing, the court may enter temporary orders, which usually remain in effect until modified or until the final judgment for dissolution of marriage is entered.

  7. What's next?

    8. Exchange of financial information between both parties is called "discovery." Fair settlements and court orders are only possible when each spouse has the same information and when financial details are not hidden. Examples of information that they must exchange include tax returns, wage & income records, credit card balances, automobile titles, pension and retirement plans, investment information, bank accounts, and the like. The court could require spouses who do not properly exchange information to pay the other spouse's legal fees!

    If either of you disputes custody or visitation, they may order the parties to mediation and/or for evaluation by custody experts (some counties have social workers on staff or a Family Court Service for this purpose). The parents may also seek evaluation of the children and each other by their own partisan experts. They may also hire experts to appraise property and businesses. The judge has discretion whether or not to interview the children in camera (in chambers). The judge will hold hearings or a trial at which both parties present testimony and other evidence. The judge is required to make his or her decisions based upon the law and the evidence.

  8. Can the children have their own lawyer?

    9. Yes. The court may appoint an attorney to represent the children. A concerned parent may request appointment if the children's interests are likely to get overwhelmed by the parents' issues. Where the parents are acrimonious, the judge may make an appointment whether the parents request or not.

  9. Who pays for the child's attorney?

    10. The parents will be required to pay the fees of the children's court-appointed lawyer. The judge will allocate the fees between the parents, usually based upon their relative ability to pay. A parent may not hire a lawyer to represent the children. However, the attorneys for the parents may agree to a representative for the children, and the judge will usually go along with the attorneys' joint recommendation.

  10. Is there a right to a jury in family cases?

    11. No -- not in Oregon in dissolution, custody or support cases.

  11. Is there always a trial?

    12. No. Most divorce cases are settled, sometimes after several months of wrangling and court proceedings, and after expenditure of many thousands of dollars which the parties could have divided for the good of the family. Pretrial settlement conferences with a judge are becoming more common. The few cases that do not settle go to trial (usually before a different judge), and all rules of procedure and evidence applicable in any civil lawsuit will be applied.

  12. Can a spouse have a former name restored?

    13. Upon request, the judge can grant a request to one or both parties to return to the use of a former name (No, one spouse cannot "compel" the other to stop using a particular name).

  13. If a party thinks the judge is wrong, does he or she have any recourse?

    14. Yes. A party who is unhappy with the outcome of a divorce trial has a right to appeal. However, appeals can be costly ($5,000 to $15,000, or more, for each party would be usual). Oregon law gives the trial judge abundant discretion, and appeals are not always successful.

  14. How does a divorce case end in Oregon?

    15. The judge signs a judgment of dissolution of marriage, but it is not "final" until thirty (30) days after the judgment date. Before the thirty days expire, the judgment can be set aside by the agreement of both parties and with notice to the Court. The marriage then continues, as if they never filed for divorce.

  15. When the judgment of dissolution of marriage is final, I'm done with my ex forever, right?

    16. Yes, but only if you have no kids and no support. The Court can modify aspects of a divorce relating to children's custody or visitation, child support, or spousal support (alimony) upon the request ("motion") of either party and upon a showing of a major, unexpected change of circumstances. Support is modified frequently (about every two to four years), particularly as incomes, expenses and children's needs change; visitation can change as parties move and children mature; custody is most difficult to modify.

  16. Can't I just get a "quickie" divorce in Oregon?

    17. No. The long-standing intent of the state legislature is to promote reconciliation whenever possible and the courts often offer family counseling services. Under certain circumstances, a divorce might be done in as short as a few weeks, but a typical contested case takes at least nine (9) months to a year to get to trial.

- - Randall E. Poff, Attorney at Law

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