When a couple decides to get a divorce, they are not just ending their
relationship with one another-they are making the decision to separate
their lives, property, debts, and children from the current relationship.
They must make agreements concerning how these issues will be handled
moving forward. If the couple has lived in Oregon for at least six months,
they are able file in their county. However, how long that divorce will
take may vary depending on a wide range of factors.
What is decided in a divorce?
Much of the divorce details rely on the relationship between the spouses
and whether they can agree to the conditions of the divorce or continue
fighting over small details. Uncontested divorce occurs when the spouses
agree on all the terms and can complete the process with little help from
a divorce attorney. Other spouses may have a contested divorce, meaning
that the court will be needed in order to determine the details of the
separation and both spouses will likely hire attorneys.
In a divorce, a couple must agree upon the following issues to move forward:
- The date when the marriage ended
- Child custody and visitation rights
- Amount of spousal support, if any
- Property division
- Amount of child support
- Responsibility for past debts
- Health insurance and medical bills
If any of these issues are contested, the divorce process may drag on.
This process can take months, as couples must make appearances in court
and present their case to a judge. In more extreme cases, divorce proceedings
can last a year or more. This is usually typical in high-net worth divorces
or complex custody battles. During this time, temporary orders for child
support, spousal support, and custody can be made. Until the judge signs
a dissolution of marriage, the divorce is ongoing.
If you are seeking a divorce and wondering what choices you may have in
your filing, we invite you to consult a family law attorney at McKinley Irvin.