Many of our clients have a lot of questions when they are faced with divorce. A divorce is legally known as a dissolution of marriage. The Oregon dissolution process allows you to file on your own or jointly with your spouse as “co-petitioners.” Oregon also recognizes the dissolution of domestic partnerships which follow the same procedures as traditional marriages. Divorce has been described in many ways, but it is rarely described as easy.
Let us help you file for divorce. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.
Oregon is a no-fault divorce state. All that is required to obtain a divorce in Oregon is “irreconcilable differences” with your spouse. Oregon will dissolve your marriage or domestic partnership regardless of whether your spouse consents to the divorce.
A divorce is commenced in the State of Oregon by filing a Petition for Dissolution of Marriage. To file for divorce in Oregon, you must also meet the state’s residency requirements, which require that at least one party to have lived in Oregon for six months or longer. The petitioning spouse must also file a Certificate of Residency stating that at least one party currently resides in the county in which the divorce is filed.
WHICH FORMS ARE USED TO FILE FOR DIVORCE?
The pleadings required for dissolution of marriage are complicated and require the assistance of a skilled divorce attorney. Oregon domestic relations law provides for two types of dissolution. The type of dissolution will depend on the issues surrounding your case and their level of complexity.
You may be eligible for a summary dissolution if your marriage or domestic partnership contains limited issues. This type of divorce allows you to end your marriage without the cost and delay of obtaining a court hearing.
A summary dissolution is authorized by ORS 107.485. A marriage may be dissolved by summary dissolution procedure when all of the following conditions exist at the time the proceeding is commenced:
1. The jurisdictional requirements are met;
2. There are no minor children born to or adopted by the parties during the marriage; there are no children over age 18 attending school, either born to or adopted by the parties; there are no minor children born to or adopted by the parties prior to the marriage; and the wife is not now pregnant.
3. The marriage is not more than ten years in duration.
4. Neither party has any interest in real property wherever situated.
5. There are no unpaid obligations in excess of $15,000 incurred by either or both of the parties during the marriage.
6. The total aggregate fair market value of personal property assets in which either of the parties has any interest is less than $30,000.
7. The Petitioner waives any right to spousal support.
8. The Petitioner waives any right to pendente lite orders.
9. The Petitioner knows of no other pending domestic relations suits involving the marriage in this or any other state.
The summary dissolution procedure is designed for short term marriages with little to no assets, no real property and no children. Summary Dissolution allows the parties to obtain a divorce quickly without the necessity of trial.
STANDARD PETITION FOR DISSOLUTION OF MARRIAGE.
If your situation does not meet the requirements of a summary dissolution, you will be required to file a standard Petition for Dissolution of Marriage. A Petition for Dissolution of Marriage is authorized by ORS 107.025.
All large marital estates are required to proceed by a standard Petition for Dissolution of Marriage. A standard Petition is also required in all cases involving children and real property. The standard procedure allows the parties to obtain discovery and full and complete disclosure of all assets and liabilities of the parties. It also allows the parties to obtain pendente lite relief or temporary orders for child custody, child support, spousal support, exclusive possession of the family home and other issues which must be addressed before a final Judgment can be entered.
There are many pitfalls to attempting a do-it-yourself divorce. Let us help you obtain the best possible outcome on your case.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR DIVORCE
We know you have questions, and we have answers. If you would like to learn more about the dissolution process or obtaining custody of your children, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.