Oregon Divorce
In Oregon, the legal phrase for "divorce" is "dissolution of marriage." An action for dissolution of marriage is initiated when one spouse files a petition for dissolution in the county in which one of the parties resides. The spouse who files the petition is called the "petitioner." The other spouse is called the "respondent."After the petition is filed, a copy of the petition-- often along with other pleadings and documents-- is served upon the respondent. In most cases, the respondent then has 30 days to file a written response. Legal service is usually made by a process server, sheriff's deputy, or a written acceptance of service.
If the parties to a divorce have children, temporary child custody and parenting time will need to be established fairly early-on in the case to provide some sense of normalcy and routine for the children during the divorce process, and to ensure that the children continue to have parenting time with both parents. Parents will also be required to attend a divorcing parents seminar and, in many cases, may choose to enter into mediation as a way to attempt to resolve child custody and parenting time.
Within the first 30 days following service of divorce papers in Oregon, the parties are to exchange what is called "discovery." Discovery in divorce cases most often consists of copies of bank records, credit card statements, retirement & investment account statements, titles to vehicles, and deeds to real property. This discovery process is required to ensure that both parties have an awareness as to what assets and debts there are in the marriage, and what will need to be divided up or allocated as part of the divorce terms.
If the parties are able to come to an agreement as to all of the terms of the divorce, the parties may draft a Stipulated General Judgment of Dissolution of Marriage (historically called a "divorce decree") and present it to the judge for signature. Note that many people talk about "settling out of court" and this process is what they are referring to. All judgments need to be signed by a judge to be legally effective or the marriage will remain in-effect. However, if a judge signs a Stipulated General Judgment agreed to by the parties, there is typically no need for a hearing or trial.
If the parties cannot agree to all of the terms of the divorce, they may require a contested hearing or trial. If there is a hearing or trial, it is to the judge only. Divorce hearings and trials are not heard by a jury in Oregon. Hearings and trials can vary wildly in length-- from ten minutes to several days. Typically hearings which require presentation of evidence and brief legal arguments average an hour or two. Most divorce trials last one day, although many trials with complex issues of child custody, parenting time, spousal support, business valuation, or real property disputes can span multiple days. At the end of trial, the judge will announce his or her factual findings and legal rulings either orally from the bench, or in a letter opinion. The parties will then draft a General Judgment of Dissolution of Marriage which conforms to the findings and rulings made by the judge.
Whether the parties execute a Stipulated General Judgment of Dissolution of Marriage without a trial, or the judge executes a General Judgment of Dissolution of Marriage following trial, this document is what details the ultimate terms of the divorce and dissolves the legal relationship that was marriage.
Matters taken up after the divorce are called post-judgment matters. They can-- in some cases-- include changes to child custody; changes to parenting time; increases, decreases, and/or termination of child support; and increases, decreases, and/or termination of spousal support.
The information above is but a very short summary of the divorce process. As with many other legal issues, there can be many variables which make some cases more or less complicated than others.
Copyright 2012 Romano Law, P.C.
This website may be considered advertising under the rules of the Oregon State Bar. The information on this website is not offered as legal advice and does not constitute legal advice. Michael G. Romano is licensed to practice law in Oregon only and therefore only provides legal services and advice concerning Oregon law. If you would like to schedule a consultation to discuss a specific legal matter, please contact our offices.
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