The Divorce Process

Gresham Divorce Law Attorneys

In many ways, the divorce process can seem daunting or intimidating for individuals seeking the dissolution of their marriage. Often one person is not expecting or ready to move forward. Fortunately, the attorneys at Gresham Family & Bankruptcy Law have extensive experience guiding clients through the full range of family law matters. Whether you are concerned about child custody, child support, spousal support, property division or simply have questions regarding the legal process itself, do not hesitate to contact our Gresham divorce law attorneys.

The Divorce Process In Brief

A petition for dissolution must be filed with the Circuit Court in your county. The petition can either be at the start of the divorce or, if everyone agrees to the terms, at the same time as the final judgment of the end of the process in a package. It is almost possible to file and be divorced from your spouse in a few weeks time. The petition contains the personal data about your marriage, your assets and your children, if any. It can set out specific provisions for support, custody, a parenting plan (visitation), property division, attorney fees and court costs. Most often, though, it is usually a generic document that is drafted with the expectation that the specific details of the divorce will be settled by agreement, but it is necessary you let your spouse know what you are requesting. The final agreement can be reached in mediation through a collaborative process, following attorney or other settlement meetings or after a court trial. The timing to complete a divorce will vary depending on the complexity of your action. Once a petition is filed with the court, there are certain timelines and benchmarks the court will require you to follow or your action will be dismissed.

Time Constraints

In Oregon, it is possible to file your petition and finalize your divorce within a few days after it filed if your spouse agrees. As a general rule, uncontested divorces take several weeks to a month or two to process. The court established a timeline where it expects a contested divorce to be finished in no more than appropriately 12 months in most cases.

Court Decisions

A divorce trial where each party, with or without an attorney, presents relevant information to a circuit court judge. The judge, based on the information presented to him or her, will apply the statutes and other court decisions to arrive at a resolution. In most cases, the judge’s decision is the final resolution of the matters presented. If your spouse has an attorney and you do not, you will be expected to follow the court rules and present evidence to support your position. The judges in Oregon Court are well-trained in family law and will make a decision regarding your children or other family issues to the best of their ability. However, it would be unreasonable to expect them to understand your concerns after years of marriage and your individual circumstances without providing them with a great deal of information to make this decision. This may entail hours of trial which incurs the cost for hours of attorney time and your time. This can be expensive and time-consuming and not provide you the results you expect.

Final Step

In order to be legally divorced from your spouse, the final agreement or judge’s ruling will be placed in a written document called a General Judgment. This would be entered after a court trial, after a settlement conference following successful mediation, a judicial settlement conference or other method of settlement. The judge who signs your judgment will read through the final document to determine if it is “just and equitable” to both parties and complies with the Oregon statutes. Because there is no waiting period in Oregon, you will be legally divorced the day the judge signs your General Judgment. This document becomes the outline determining your rights and responsibilities from that day forward. Although it is possible that your rights regarding your children, the right or obligation regarding child support may be modified at some point in the future, or a recalculation of the terms of spousal support, this is the final document which will impact your future going forward.

Contact Our Multnomah County Contested And Uncontested Divorce Lawyers

If you have concerns regarding the divorce process, we encourage you to contact Gresham Family & Bankruptcy Law. We can be reached at 503-492-4229 or by completing the online contact form on this website. Our attorneys can meet outside of our standard 9 to 5 office hours based on the individual needs of our clients.