Oregon do it yourself divorce
From a legal perspective, the term for representing yourself is pro se. There are, however, many factors to consider:. So the question remains, when is DIY divorce or representing yourself your best option? I n a general sense, pro se divorce is best suited for simple, straightforward cases. This usually applies to:. In these situations, pro se divorce usually works best.
In many cases, representing yourself is the quickest, easiest, cheapest way to proceed. Both parties can walk away and return to their lives with a minimum of fuss and bother.
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While pro se divorce works well in simple, straightforward situations, things often get complicated in a hurry. The more moving parts there are to deal with, the more problems arise. The longer a marriage, the more intertwined lives become. Things get even more tangled when a divorce involves children. You have child custody, visitation, and parenting plans to contend with. You need to know how Oregon calculates child support , how long it continues, how it impacts taxes, and much more.
Spousal support is another area of concern. Depending on the circumstances, you may be eligible to receive spousal maintenance. On the other hand, you may have to pay. There are multiple types of spousal support in Oregon , and each applies to different, specific criteria. But high-asset divorce is a different animal entirely.
Uncontested Divorce in Oregon | DivorceNet
If you jointly own a home, cars, or other high-value property, things get knotted in short order. The same goes for shared debt, whether mortgages, loans, or joint credit card balances. If your spouse has an attorney, you may want to rethink the pro se divorce approach. Going up against someone with experience puts you at a serious disadvantage. Having someone with an intimate knowledge of the laws and the process protects your best interests.
Other legal paperwork is required, too. A few courthouses have a staff person a "court facilitator" to help with family law paperwork and procedures. If a lawyer is handling your divorce, he or she will have the divorce papers served on officially given to your spouse. If you are using "do-it-yourself" forms, the instructions should tell you what you need to do. Your spouse can agree to sign papers that say he or she has been served. Otherwise, your spouse must be served by either the sheriff or another adult not you.
If you are getting cash assistance or certain other public benefits, the Division of Child Support DCS will also have to be served with the divorce petition. If you do not have a lawyer or if the divorce forms you are using do not have instructions about this, you can call DCS to find out how to serve them with the papers. If you cannot find your spouse, you will need to serve your spouse by either publishing or posting a notice that you have filed for divorce.
You MUST have an order signed by a judge that gives you permission to serve your spouse by publishing or posting notice.
Uncontested Divorce in Oregon
To get the order, you will have to show the judge that you have tried in many ways to find your spouse. Posting the notice in the courthouse is free. You can find out more about these kinds of service from a lawyer or the instructions in the self-help forms that you are using.
Each county charges its own fees based on services offered there; call the Circuit Court Clerk's office at your local courthouse to find out the cost and fees in your county. Before you file the petition, you can ask the judge to waive or defer these fees. If fees are"waived," they do not ever have to be paid. If fees are "deferred," they must be paid at some later date.
To get your fees waived or deferred, you must fill out a form called an "Application for Waiver or Deferral of Fees" that gives the court information about your income.
Also, as part of your divorce paperwork, you can ask your spouse to pay all or part of your deferred court costs. If you do not pay fees that are deferred, they will become a debt you owe to the state and may be taken out of your state tax refund or collected by the state in some other way. After you have filed for divorce and served your spouse with the papers, your spouse has thirty days to file papers to contest disagree with the divorce. If your spouse does not file papers to contest the divorce by thirty days after service, you will be able to get a final divorce judgment in approximately two months.
You might be able to get the judgment sooner if a judge decides that you have a very good reason, such as an emergency or when you and your spouse have both signed the divorce papers and agree to the terms of the divorce. If a lawyer is handling the divorce, the lawyer will file the papers so that you can get the final judgment. If you are handling your own divorce, the instructions will tell you what papers you need to file and when you need to file them. If you are filing for temporary orders, such as custody and child support, or if your spouse files a response to fight about issues in the divorce, you may need to have court hearings.
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If this happens, it could take much longer than three months to get the final divorce judgment, and you may need the help of an attorney. If your spouse gets an attorney, you will probably need one, too.
Know the key facts of divorce in Oregon.
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