How Do I File for Divorce in Oregon?
There need be no specific reason to obtain a divorce in Oregon. Oregon divorces are considered "no fault," meaning there only need be irreconcilable differences between the couple for a divorce to be granted. The petition for divorce must be filed in the county in which one of the parties resides and at least one of the parties must be a resident of Oregon for at least six months. The divorce can be contested or uncontested and can be done without the use of a lawyer if both parties agree on the divorce.
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Instructions
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Determine whether the divorce will be contested or uncontested by either party involved in the divorce. An uncontested divorce can be done with the parties representing themselves.
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Visit the circuit court clerk's office at the county courthouse and pay the filing fees for a divorce. As of September, 2010, the fees for filing a divorce ranged from $100 to $400. In some cases, the fees can be waived or deferred if a financial hardship can be shown to the judge. While at the clerk's office, you will also need to file a Petition for Dissolution of Marriage. The Petition for Dissolution of Marriage requests of the divorce.
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Serve the other party with the divorce papers. If a lawyer has been hired, they will arrange to have the divorce papers served. If you will be using "do-it-yourself" divorce forms, there will instructions provided on the process and requirements for the divorce papers to be served.
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Attend the court hearing, if required, for the judge to grant the divorce. The waiting period will vary by the complexity of each divorce case, but generally the hearing will be 90 days after the divorce papers and summons are served. In many circumstances neither party has to attend the hearing if both agree to the divorce decree.
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Resources
- Photo Credit man and woman divorced image by Ivonne Wierink from Fotolia.com
