Divorce Representation

Oregon law does not recognize common law marriage. However, even unmarried couples may qualify as Unregistered Domestic Partners with certain rights when the relationship ends.

Our attorneys can help you determine your rights or obligations when ending a relationship

Yes. Oregon is a no fault divorce state. This means either spouse can pursue a divorce without proving a cause for the divorce (i.e. infidelity, abandonment, etc.). If either party wants to end the marriage, for any reason, they can get a divorce.

Contested or uncontested divorce refers to the terms of the divorce, not the divorce itself.

When parties do not agree on terms (property division, support, custody, parenting time, etc.) it is considered a contested divorce. If agreements are not reached these cases are typically resolved through the legal process. Ultimately, if agreements are not reached during the process, the case proceeds to trial and a judge decides.

If the parties agree on the terms of the divorce, it is considered to be uncontested. These cases are typically resolved by documenting the agreements in the necessary legal documents and filing with the court. The documents are then reviewed by the court and finalized when a judge has signed.

Every case is different. The primary factors impacting the length of time to resolve a divorce are complexity and agreement.

The most simple cases (no business interests, no property, no children, no support) are commonly resolved more within weeks or a few months when agreements are reached.

Complex cases are usually those involving business interests, properties, inheritances, trusts, support, custody/parenting time disputes, etc. Addressing these issues often involves additional time and resources in the form of document review, depositions, appraisals, evaluations, etc. Even when agreements are reached, complex cases commonly take months to more than a year to resolve.

When agreements are not reached both simple and complex cases will take longer to resolve. Since every contested issue will need to be addressed it is common for contested cases to take months to more than a year to resolve.

If there are no disputed issues an uncontested divorce can be filed with the court. This involves completing the necessary forms, documenting the agreement in a judgment, and submitting the documents for a judge to review. Once the final judgment is signed by the judge, the divorce is finalized.

Oregon is not a community property state. This impacts the way the assets and debts are divided in the divorce process. Rather than the 50/50 standard used in community property states, Oregon law requires an equitable distribution. Determining what is equitable in a specific case take a number of factors into consideration.

Our attorneys can assist you in the analysis necessary to review your specific situation.

Yes. Divorce ends the marriage. Parties that are divorced are no longer eligible for spousal benefits that are available to married couples.

Legal separation has many of the same results as a divorce (e.g. property division, custody, parenting time, etc.), but allows the parties to remain married.

Unmarried parties may qualify as unregistered domestic partners under Oregon law. If so, they may be entitled to certain property rights when the relationship ends.

Our attorneys are experienced in handling these cases and able to assist you in determining your rights.