Divorce is never easy. Whether you saw it coming or it took you by surprise, it’s an emotional and legal process that can feel overwhelming. You’re making big decisions about your finances, your home, and, if you have kids, their well-being. That’s why having a dedicated divorce attorney by your side matters.
At Harris Velázquez Gibbens, we understand what you’re going through. You need guidance, answers, and a clear plan. Our experienced divorce lawyers will listen to you, protect your rights, and help you move forward with everything you need to start over.
Why Hire Us for Your Divorce in Oregon?
When you’re about to initiate a life-changing event like divorce, you need an attorney who not only knows Oregon divorce law inside and out but also listens to you, guides you, and protects your best interests.
At Harris Velázquez Gibbens, we’re proud of our reputation as one of this state’s most trusted family law practices. When you work with us, you benefit from the following:
- We’ve Handled Many Cases Like Yours: Our committed divorce lawyers have extensive experience in family law. Whether you’re worried about fair parenting time or concerned that your spouse is hiding assets, we will provide advice that’s appropriate for your current situation.
- Strong Advocacy for Your Parental Rights: Child custody is one of the most emotional aspects of divorce. If you have children, their well-being is your top priority. It’s ours too. Our experienced divorce attorneys work to secure fair parenting plans and child support arrangements that reflect your child’s best interests while making sure your rights as a parent are upheld.
- Skillful Negotiation: Not all divorces involve courtroom battles, but if yours does, you need a lawyer who’s ready to fight for you. Whether your case is amicable or high-conflict, we tailor our approach to your needs. While we always aim for fair settlements, we’re also fully prepared to litigate if necessary.
- Smart Financial and Property Division Strategies: Dividing marital property and debts can get complicated, especially when real estate, retirement accounts, or family businesses are involved. Our family law firm helps you negotiate for a fair share, so you aren’t left with a financial situation you didn’t anticipate.
- Clear Communication At All Times: The impact of divorce is stressful enough without feeling left in the dark. Our family law attorneys keep you informed and answer your questions so you always know where your case stands. We’re also available to answer your questions whenever you have concerns during this difficult time.
Oregon Divorce Law: What You Need to Know
Oregon is a no-fault divorce state, which means neither spouse has to prove wrongdoing to end the marriage. Instead of assigning blame, one spouse simply needs to state that the marriage is “irretrievably broken.” This approach helps reduce conflict and allows couples to focus on important matters like property division, legal and physical custody of their children, and support payments without getting caught up in accusations or proving fault in court.
It is also important to note that Oregon is an equitable distribution state, meaning that if you and your spouse can’t agree on how to divide the marital estate, a judge will make an order that they deem to be equitable, or fair. Unlike community property states, this doesn’t always come to a 50-50 split.
Steps in the Divorce Process
- Filing the Petition for Dissolution: One spouse (the petitioner) starts the legal process by filing divorce paperwork with the court. This document outlines basic details about the marriage and what they’re requesting in terms of marital property, custody arrangements, and support. A filing fee must also be paid.
- Serving the Papers: After this initial filing, the other spouse (the respondent) must receive official notice of the divorce. This is usually done through personal service, but there are other options if they can’t be located or are deliberately evading service.
- Negotiating Terms: Both parties must decide how to handle property division, spousal support, child custody issues, and other important legal matters. If they can agree on everything, they can submit a settlement to the court. If not, a judge will decide on any outstanding issues.
- Finalizing the Divorce: Once all terms are settled, the court issues a final divorce decree, making the dissolution of marriage official.
Some divorces are relatively straightforward while others, like contested or high net worth divorces, are more complicated. This is one of the many reasons why legal representation from an experienced attorney can make a huge difference in the outcome.
What Does an Oregon Divorce Lawyer Do?
Many couples facing divorce in Oregon wonder if they actually need a lawyer, especially if the marriage was of short duration and they agree on the main issues that need to be settled. While not legally required, attorney representation is always recommended. Court forms like the divorce petition and filing deadlines can be complicated to deal with, and any mistakes or omissions can put you back where you started.
An attorney provides legal advice and advocacy in important family law matters like the following:
- Filing and Paperwork: Divorce involves detailed forms and strict deadlines. A lawyer will make sure that everything is completed accurately and submitted on time, so you don’t run into legal issues afterward.
- Child Custody and Parenting Plans: Decisions about custody of children can be challenging. While joint custody is the overall preference, sometimes it isn’t possible or even advisable. An attorney helps create a parenting plan that works for both parents while prioritizing the child’s well-being.
- Division of Property: Marital assets, debts, and property must be divided according to Oregon law. At the same time, you may have to prove that some assets are actually your separate property. A lawyer works to secure a fair outcome for you.
- Child and Spousal Support: Whether you are paying or receiving support, an attorney helps determine a fair arrangement based on legal guidelines. They can also assist you with a spousal or child support modification if your circumstances later change.
- Custody Disputes: When parents can’t make their own child custody determination, a lawyer advocates for the best interests of the child and can recommend divorce mediation to help you reach a mutual agreement or represent you in court if necessary.
- Legal Agreements and Asset Protection: If you have a prenuptial agreement or postnuptial agreement, or if you need help protecting assets, an attorney ensures all documents are legally sound so you get your divorce judgment more quickly.
Divorce involves many important decisions that can affect your future and that of your children. Even in amicable cases, legal guidance helps prevent unexpected problems. Consulting a divorce attorney can provide the clarity you need as you take the next steps.
Contested vs. Uncontested Divorce
Divorce falls into one of two categories: uncontested or contested.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all major terms. These terms include:
- Custody Arrangements and Parenting Time: Both parents reach an agreement on where the children will live and how parenting time will be divided, thereby avoiding a stressful custody battle.
- Division of Assets and Debts: The spouses decide how to split property, savings, and financial obligations like mortgages and credit card debt.
- Spousal and Child Support: Both parties agree on whether spousal or child support payments will be made, how much will be paid, and how long the payments will last.
Since there are no disputes, an uncontested divorce is usually faster, less stressful, and more affordable than a complicated divorce. Even when both spouses agree, it is important to ensure that all terms are legally binding. A well-prepared agreement helps prevent future conflicts and protects each person’s rights.
Contested Divorce
A contested divorce occurs when spouses cannot reach an agreement on one or more important issues. For example, if you agree on everything except asset division, your divorce automatically becomes contested. Disagreements often arise in the following areas:
- Custody and Parenting Rights: Parents may not agree on where the children should live (physical custody), how parenting time should be shared, or who will make major decisions about the child’s upbringing. Any child custody disagreement must be litigated.
- Distribution of Assets: Spouses may dispute how to fairly divide assets, debts, and financial resources, particularly in cases involving high-value property. The court then has to step in and make a fair ruling.
- Spousal Maintenance and Child Support: Conflicts may arise over whether financial support should be provided, how much should be paid, and how long the payments should continue.
Since these disputes must be resolved, the contested divorce process often requires negotiations, mediation, or court hearings. If the spouses cannot reach an agreement, a judge will make the final decision.
Choosing the Right Approach
If you and your spouse can agree on all terms, an uncontested divorce provides a faster and more cost-effective legal solution. However, when disagreements exist, your family lawyer will help make sure that the final outcome is fair and legally enforceable.
How Do I Prepare for Divorce in Oregon?
Taking the right steps before filing for divorce can help make everything more manageable. Careful preparation ensures that you are organized, informed, and ready to move forward.
- Meet Oregon’s Residency Requirements: At least one spouse must have lived in Oregon for a minimum of six months before filing for divorce. Failing to meet this requirement could delay the process.
- Gather Financial Information: Collect records of all financial accounts, including individual and joint bank accounts, retirement funds, credit card statements, and outstanding debts. Having a clear picture of your financial situation will help with asset division and support determinations.
- Organize Important Documents: Gather essential paperwork such as tax returns, mortgage documents, insurance policies, vehicle titles, and any prenuptial or postnuptial agreements. Keeping these documents in order will make negotiations and legal proceedings more efficient.
- Consider Custody and Parenting Plans: If you have children, think about legal and physical custody arrangements, visitation schedules, and decision-making responsibilities. Courts prioritize the best interests of the child, so having a well-thought-out parenting plan can help prevent unnecessary disputes.
Proper preparation can reduce stress and uncertainty during divorce proceedings. By gathering the right information and seeking legal guidance, you can take control and work toward a resolution that supports a brighter future.
What if I Can’t Locate My Spouse?
If your spouse is missing, Oregon law allows service by publication, meaning you can notify them through a newspaper if traditional methods fail. This step requires court approval and proof that you made reasonable efforts to find and serve them with divorce papers. An experienced divorce lawyer can help with this process.
Speak to an Oregon Divorce Lawyer Today
At Harris Velázquez Gibbens, PC, we’re here to guide you through your next steps, whether you need assistance with a custody dispute, property division, or securing a fair judgment of divorce. Our family law attorneys are here to help you transition into your next chapter with the confidence and resources you need to thrive. For more information about our legal services or to schedule a confidential consultation with an experienced attorney, contact us today.
