If you or your spouse live in Multnomah County and are considering divorce, you might not know where to start. It can be a complex process, and we want you to have the information you need in order to make the best decision for your situation. Here are some considerations that may be helpful.
Have you lived in Oregon long enough to file for divorce in the state? Do you or your spouse reside in Multnomah County?
In order to file for divorce in Oregon, either you or your spouse must have lived in Oregon for at least six months.
If neither one of you have lived in Oregon for at least six months, then the state where you most recently lived for at least six months is where you can probably get this process started.
A party or their spouse must be a resident of the county where the case is filed.
Are you filing your own paperwork, or will you get a lawyer?
Many people will take on the task of filing their own paperwork for their divorce.
In the realm of divorce, the more assets that you and your spouse share, typically, the more complex a divorce can become. The increase in a divorce’s complexity also applies if you and your spouse have children, if there is large income gap, complicated self-employment income, or one party has a disability
Our recommendation is to always do what’s best for your children. This will be the court’s purview, as well. Depending on your situation, securing legal counsel to represent you might be the best way to do that. In other cases, you may elect to file on your own behalf.
Do you know where to find the divorce forms you’ll need?
Though every form you need to get your divorce started should be available online, if you are having trouble finding the right forms, we recommend that you go to the courthouse and ask for assistance in finding the paperwork that you need. The Multnomah County courthouse, located in downtown Portland on the west side of the Hawthorne Bridge, has a family law department that can direct you to the correct forms.
Consistency matters in how you fill out your paperwork.
This is true no matter who is filing your paperwork, but we advise that you be especially mindful of this if you are filing on your own behalf. If you’re the one petitioning for divorce, then you’re the Petitioner on all forms. Your spouse will be referred to as the Respondent throughout.
Similarly, make sure that you’re referring to yourself and your spouse consistently throughout all forms, whether you are using your first, middle, and last name or your first name, middle initial, and last names, the same way at all times in your captions.
This will help avoid confusion or the potential need to refile paperwork, which could delay your divorce proceedings.
Does your spouse already agree with you on the issues related to your divorce? Agreement may speed up the proceedings.
If your spouse already agrees with how you’ll divide your property, issues related to your children, and any support terms, you will be able to move forward through the divorce process more quickly.
When your spouse is served, they have the option to either not respond, which allows you to request a default and default judgment from the court, or they can sign a completed judgment form. You also have the option of filing as co-petitioners, but we’d recommend that you speak with legal counsel before taking that action
Has your spouse declared bankruptcy? Your divorce might have to wait.
If your spouse has declared bankruptcy before you’ve served them with your petition or while your divorce is pending, you might have to wait until their bankruptcy case has been resolved before you can finalize your divorce.
There are nuances to these situations, so this is an area where legal counsel can offer you personalized advice.
You can still maintain a certain level of privacy during your divorce proceedings.
So long as you’re giving the court an in-state address you’ll be regularly checking to receive notices regarding court dates, you don’t have to use your home address on the court documents that are visible to the public. But know that if you decide to move or if you want to receive mail at a different address, it is your responsibility to inform the court.
Remember that your divorce can affect more than your marital status
We don’t just mean on an emotional level for you or for others. What we’re talking about here are things like wills, trusts, retirement accounts, pensions, and even a person’s immigration status. Following a divorce, you need to update your beneficiary designations, effectuate any name changes ordered in the divorce, take next steps to divide any retirement accounts and bank accounts and retitle vehicles or real property. There can be a fair number of things to do to disentangle everything, so being organized about what you need to do is critical.
Registered domestic partner seeking support? Know this!
If you’re in a registered domestic partnership and either you or your partner is moving out of state, then you need to be aware of that state’s laws.
Some states do not recognize registered domestic partnerships in the same way as Oregon, which can affect your ability to collect support.
If you have children, the County requires you to participate in mediation and attend a county approved parent education seminar prior to your divorce.
When you file your petition for divorce, you must notify the court if you have a child. The Court will then provide you with notices about the mediation and parent education class. Do not go online and take ANY parenting class – you need to take the Court sponsored program or obtain permission to attend a different class.
There’s so much more information about divorce in Oregon. If you’d like to set up your confidential consultation with DBMA Family Law Group to learn more about your options, contact us today!