How long does an Oregon divorce take?

​The length of time it takes to get a judgment of dissolution depends on the complexity of the case and the court's timelines. A dissolution case moves quickly if the parties file as co-petitioners and agree on everything before they file. If a judge has to make decisions, the case will take longer.

The respondent has 30 days after being served to file a response. A party may have 10 to 30 days to file a response to a request for temporary orders (this time period depends on local court rules).

Each court may have additional timelines for mediation, parenting classes, and other requirements. You should check local court rules for these requirements.

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What is annulment?

​An annulment is a voiding of the marriage or registered domestic partnership. If you get a judgment for an annulment your marital status will return to "unmarried," and it will be as if legally you were never married. You can only annul your marriage if your marriage qualifies as either a void or voidable marriage.

A marriage that has been annulled for one of these reasons is void as of the time the judgment is signed. In a few cases, such as when a party to a marriage was married to someone else at the time of the marriage, the marriage is treated as if it never happened. For more information, visit OregonLawHelp.org or contact one of the professionals listed on the Resources page.

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What is voidable marriage?

​A voidable marriage is when a party was incapable of entering into or consenting to marriage. This may be because he or she was not of legal age, lacked sufficient understanding, or a party's consent to the marriage was obtained by force or fraud.

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What is a void marriage?

​A void marriage is one which the court does not recognize to have ever existed. For example, a marriage is void if either party had a living spouse at the time the parties were married, or if the parties are first cousins or more closely related.

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How long does a dissolution take?

The length of time it takes to get a judgment of dissolution depends on the complexity of the case and the court's timelines. A dissolution case moves quickly if the parties file as co-petitioners and agree on everything before they file. If a judge has to make decisions, the case will take longer.

The respondent has 30 days after being served to file a response. A party may have 10 to 30 days to file a response to a request for temporary orders (this time period depends on local court rules).

Each court may have additional timelines for mediation, parenting classes, and other requirements. You should check local court rules for these requirements.

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What is a legal Oregon separation?

​A judgment of separation may be issued when irreconcilable differences between the parties have caused the temporary or unlimited breakdown of the marriage. The main difference between a legal separation and a divorce is that spouses are still married after a legal

Oregon separation. Like a divorce, a legal separation judgment can establish custody, parenting time, and child support. The judgment can also divide property and debts and establish spousal or partner support. The court costs, timelines, and requirements for mediation and parenting classes are generally the same as with a divorce.

A legal separation may be for a limited or unlimited duration of time. You cannot marry someone else if you are legally separated and not yet divorced. A legal separation proceeding may be changed to a divorce proceeding at a later date. A legal separation judgment can also be vacated (set aside so it is no longer in effect).

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Why would you get a legal separation?

• ​A spouse may be able to stay on the other spouse's insurance policy.

• The parties may have moral or religious objections to divorce.

• Neither party has lived in Oregon for six months.

• The parties don't want a divorce, but want a court order to divide property and debts, establish support, or a parenting plan.

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What's the cost of divorce or separation?

​​The court charges a fee for filing dissolution petitions and responses. There are additional fees for service, settlement conferences, and trial. A party to a case may ask for a fee waiver or deferral if they cannot afford to pay the court or service fees.

Lawyers usually charge money to represent a person in a dissolution case. The more complicated the dissolution, the more the lawyer fees will be. Lawyers will explain their fees and billing procedures to clients. Fees usually range between $150-$500 per hour. You may call the Oregon State Bar Lawyer Referral Service for help finding a lawyer who offers payment plans.

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A mediator is a good choice to control costs. You can avoid paying a lawyer an expensive retainer fee or large hourly wages.

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*Data taken from the Oregon Judical Branch website.

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