Divorce Attorneys in Bend, Oregon
Divorce is a major life decision that involves an incredibly difficult process. For those considering a divorce in Oregon, it’s important to understand the different types of divorce available, the eligibility requirements for filing, what to expect during the divorce process, and how a divorce attorney can help you.
At Haskett Williams Monaghan Attorneys at Law, our divorce attorneys in Bend, Oregon, can help you eliminate stress and confusion when going through a divorce and ensure that you are treated fairly at every step of the divorce process. We also serve clients in surrounding areas, including Redmond, Sisters, Sunriver, Madras, and Prineville.
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Divorce in Oregon can be categorized into contested and uncontested divorces. But what’s the difference between the two?
In an uncontested divorce, both parties agree on all aspects of their separation agreement, such as the division of property, child support, and parenting plans. This type of divorce often takes significantly less time to finalize than a contested one, as it does not require a lengthy court battle.
A contested divorce may be required if you and your spouse cannot agree on certain issues or if there are disputes over assets or debts. In this type of divorce, a judge will ultimately decide on the specifics of your separation agreement.
Often, spouses may pursue an uncontested divorce that later turns into a contested one when disagreements arise between the parties. For this reason, you might want to seek legal counsel from an experienced divorce attorney to help you and your spouse resolve any potential issues and ensure that your rights are protected.
Eligibility to File for Divorce in Oregon
In order to file for divorce in Oregon, either you or your spouse must have been living in the state for at least six months prior to filing. It is also a best practice for one party to have lived in the county where they are filing for three months prior to filing. Once residency guidelines have been observed, either party may file for dissolution of marriage with the court clerk’s office by submitting forms provided by the court.
Grounds for Divorce in Oregon
Like many other states, Oregon allows you to obtain a divorce on no-fault grounds. If no one is to blame for the breakdown of the marriage, spouses can pursue a no-fault divorce by citing “irreconcilable differences.” Essentially, it means that the disagreements between the parties cannot be resolved for the marriage to continue. Seeking a no-fault divorce removes the “blame game” and allows the parties to end their marriage with minimal stress and costs.
Oregon abolished fault-based divorce in 1972, and the court will not receive evidence of specific acts of misconduct unless custody is involved.
What Are the Steps in the Oregon Divorce Process?
The divorce process usually consists of the following steps:
Ensure that you meet the residency guidelines to file for divorce in Oregon;
Establish grounds for divorce;
File a Petition for Dissolution of Marriage;
Serve divorce papers to the spouse;
Wait for the spouse’s response;
Depending on your spouse’s response, the divorce will proceed as a contested or uncontested divorce; and
The parties engage in negotiations (in a contested divorce) or go to trial (if necessary) to resolve their issues and finalize the divorce.
If you are considering filing for divorce or were served with divorce papers in Oregon, seek the legal assistance of an attorney to help you navigate the process from start to finish.
How Long Does a Divorce Take?
Oregon used to have a waiting period for divorces in the past. Unlike other states, Oregon no longer imposes a waiting period, which means it is possible to end your marriage quickly.
However, the length of time it takes to finalize a divorce depends primarily on whether it is contested or uncontested. However, even uncontested divorces typically take several months after being filed with the court before they are finalized.
Contested divorces often take longer since they require additional legal proceedings that must be handled before any final decisions can be made regarding any disputes over assets or debts. Additionally, if minor children are involved, then additional paperwork must be completed regarding parenting plans which may also increase the amount of time needed until finalization occurs.
How Can a Divorce Attorney Help?
Since navigating through this process alone can be complicated and emotionally taxing, seeking assistance from an experienced attorney can help ensure that you do not miss important details. Your attorney also will provide legal advice to help guide you through each step while representing your best interests during any negotiations or hearings that might occur during the course of proceedings.
Furthermore, having an attorney by your side during an emotionally-charged process like this can help ensure that decisions are being made calmly and logically rather than rashly or out of emotion, which could lead to regrettable outcomes down the road.
Divorce Attorneys Serving Bend, Oregon
The divorce process can be overwhelming without assistance from someone who understands all facets involved with dissolving a marriage in Oregon. Our divorce attorneys at Haskett Williams Monaghan Attorneys at Law help clients in Bend, Oregon, and surrounding areas navigate the complexities of ending a marriage to ensure a successful outcome. Reach out to our office today to schedule a case evaluation and discuss how we can help.