FAQ: Getting Divorced in Oregon
Our compassionate and experienced divorce lawyers at McKinley Irvin are committed to delivering top-notch representation to clients filing for divorce. We understand that divorcing your spouse is a difficult decision that will substantially impact your family and your future, which is why we provide answers to some of the frequent questions we are asked by clients who are considering filing for divorce.
Question #1: Is there a difference between divorce and legal separation?
A: When spouses legally separate, they are still considered legally married but live separate lives. Legal separation can be temporary or it can last for an unlimited amount of time. Legal separation can also be dismissed if the parties reconcile their differences or decide to divorce. By filing for divorce, the spouses seek to dissolve the legal entity of marriage.
Question #2: How long do I need to live in Oregon to file for divorce?
A: One spouse must have lived in Oregon for at least six months before filing for divorce. The divorce must also be filed in a county in which one of you lives. You can obtain a legal separation in Oregon before the six months residency requirement and later convert that to a divorce after you have lived in Oregon for at least six months.
Questions #3: What are the grounds for divorce in Oregon?
A: Oregon is a "no-fault" divorce state, which means spouses can’t allege wrongdoing as the cause of the divorce. The only requirement to file for divorce in Oregon is that both spouses have developed irreconcilable differences. Either spouse can file for divorce without the permission of the other.
Question #4: What should I do If I’ve been served divorce papers?
A: Spouses generally have 30 days from the date of service to respond, so make sure you read all of the paperwork very carefully before making a decision. If you fail to respond, the court will enter a default judgment in favor of the person who filed for the divorce. If you are served with divorce papers, you should consult with a lawyer to discuss your situation and options under the law.
Question #5: What is mediation?
A: Mediation is a meeting between spouses that is facilitated by a third party known as a mediator. The mediator is there to help the spouses reach an agreement. Judges sometimes order spouses to participate in mediation for divorce matters like child custody and property division. Mediation proceedings are private and confidential, and neither spouse is obligated to agree to any solutions proposed by mediators.
If you have more questions about filing for divorce in Oregon, please give us a call today to set up a consultation via phone or by video conference.