What Happens After Filing for Divorce in Oregon?

By Elizabeth Stock

When you file for divorce, you will complete a divorce petition. The petition asks for personal information about both you and your spouse, including your home address. In addition, you must include the terms of your divorce in the petition. For example, you will decide how to divide the marital property and child custody arrangements. Whether you and your spouse agree about the terms of your divorce will determine what occurs after you file for divorce.

Procedure

In Oregon, the spouse who files the divorce petition is known as the petitioner; the other spouse is the respondent. The divorce petition provides information to the court about what you are asking for in the divorce. For example, you can request spousal support or child custody in the petition. You and your spouse can file as co-petitioners, if you agree on the terms of the divorce, including how to divide the marital property and child custody. You file the divorce petition at your local county courthouse.

Answer

After you file for divorce, you must provide your spouse with notice of the case, which you do by serving a copy of the filed documents on your spouse. After your spouse receives service, your spouse has 30 days to respond to the divorce petition by filing an answer with the court. The answer can agree with all terms in the petition, or the answer can include a request for new terms. If you and your spouse cannot agree on the terms of the divorce, the court will schedule a hearing to decide these contested issues for you.

Divorce is never easy, but we can help. Learn More

Agreement

If you and your spouse agree on the terms of your divorce, the divorce is an uncontested divorce, which will become final faster than a contested divorce. A contested divorce requires that spouses attend a hearing so the court may determine the terms of the divorce. As of January 2012, no waiting period exists before the court will grant the final judgment. The spouses must present their agreement to the judge, who will ensure all issues have been addressed before he renders the divorce final. While it is not necessary for both spouses to attend, you may wish to attend so you can confirm the judge has accepted your agreement and finalized the divorce.

Default Divorce

If your spouse fails to file an answer with the court within 90 days and refuses to sign the divorce paperwork, you may request that the court enter a default divorce. In a default proceeding, because your spouse has not followed the appropriate legal steps and made an appearance in the case, the judge will likely award you the relief you requested. Contact the court clerk to determine how to request a default divorce, as each county may handle the request differently.

Divorce is never easy, but we can help. Learn More
How to File Your Own Divorce Papers in Tennessee
 

References

Related articles

Alabama Divorce Via Default

Whether you cannot track down your spouse or he is completely unresponsive to your divorce complaint, you may still ask courts in Alabama to grant you a divorce without your spouse's input. A default divorce is granted when one spouse files for divorce but the other spouse does not file any documents with the court and does not show up to the final hearing. However, you must ensure that you properly notified your spouse about the divorce, or he may ask the court to void the default judgment.

Forms for No Fault Divorce Without Children in Texas

Regardless of where spouses marry, they can typically divorce in the state where they live, according to that state’s laws. If you live in Texas, you can file your own paperwork with the clerk of the district court in your county, or you can use an online legal documentation service to prepare and file all your divorce paperwork.

Do You Have to Wait 30 Days for a Decree of Divorce in Arkansas?

Even if divorcing spouses agree on all marital issues, such as custody and property division, Arkansas imposes a 30-day waiting period on all divorces. This means the court will not issue a divorce decree until at least 30 days have passed since the date the divorce petition was filed.

Get Divorced Online

Related articles

How to File a Divorce in the Dallas County Courts

To file for a divorce in Dallas County, Texas, at least one party to the divorce must be a resident of Texas for a ...

Can You Use a PO Box for a Divorce?

Filing for divorce requires you to inform the court of your whereabouts. This ensures both the court and your spouse ...

How to Become a Guardian of an Incompetent Spouse

If your spouse becomes mentally or physically disabled or otherwise incapacitated, and unable to handle his affairs, ...

My Spouse Is Unwilling to Sign Divorce Papers in Georgia

Filing for divorce is a stressful process, and it is not always the case that both spouses want the divorce to proceed. ...

Browse by category
Ready to Begin? GET STARTED