We call it the “divorce process” for good reason. However, sometimes, it involves little more than filing the paperwork, paying the applicable fees, and waiting a specified amount of time.
How long does a divorce take in Oregon?
In general, the more complex a marriage is, the more you have to deal with, the longer you should expect it to take. Children, property, retirement funds, frequent conflict, and even the length of the marriage all play a part.
Here are a few common hurdles people must clear to dissolve a marriage in Oregon.
The Waiting Period
Divorce laws vary by state. One of these is the waiting period. This is the minimum amount of time between filing the paperwork and your divorce becoming final.
Oregon has no set waiting period, but the responding spouse has up to 30 days to file an appearance or response.
If you’re both on the same page, your divorce can become final in a matter of days. That said, it usually sits in a stack waiting for a judge to sign it, which may take weeks.
Related Reading: Creating a Divorce Strategy
Child Custody Disputes
When it comes to the time-consuming parts of divorce, child custody disputes are one of the big ones.
Custody cases must decide where the child lives, child support orders, visitation, decision-making authority, and more. All of this ultimately goes into a parenting plan. Even if the two sides generally agree, creating this document still takes a while.
The courts aim to serve the best interests of the child, which takes time to determine. Some cases even require third-party evaluations. All of these factors can lengthen the divorce process.
Division of Property
You accumulate property, assets, and debts during a marriage. When you divorce, you divide it all. The more you have to parse out, the longer it takes. This includes assets, debts, and retirement accounts, but also things like capital gains, your businesses, club memberships, professional licenses and even airline miles are on the table.
Oregon is an equitable distribution state. That means the court seeks to distribute assets fairly and equitably.
The goal is for each spouse to emerge on relatively equal footing and maintain a lifestyle similar to that enjoyed during the marriage.
If you argue about who gets what every step of the way; that lengthens your divorce. And in some cases, people can and will argue about everything.
Related Reading: Is Oregon a Community Property State?
Pro Se Divorce – Doing it Yourself
It’s now easier than ever to take a Do-it-Yourself approach to divorce. You can fill out and file all the forms; no divorce lawyer required. It may even be the best choice in some cases- usually simple, straightforward ones.
A DIY Divorce process is ideal for couples without children, much shared property, or significant assets. But in other cases, representing yourself slows things down and drags it out. Mistakes, omissions, and improperly filled-out forms cause setbacks and delays.
Even if you fill out the paperwork yourself, you may want an experienced attorney to review it before you file. A small expense upfront may save you time, money, and headaches later.
Related Reading: Do You Qualify For A Summary Dissolution?
Parenting Evaluations
Parenting evaluations are common occurrences in custody cases. The child’s well-being takes precedence over other issues, so this happens if there are concerns about abuse, mental health, substance abuse, or other red flags.
If one parent wants to move out of state with the child, you must address that topic. Business evaluations may also be necessary to examine finances. If you and your spouse own a business together, this becomes a divisible asset. It’s common to hire an outside appraiser to determine the value.
Financial Evaluations
Complicated investment portfolios or situations with significant assets may also necessitate a closer look. There may be a need to hire experts to assess your situation.
While not a complete list, you may need to hire accountants, home or personal property appraisers, financial planners, a private investigator, special master or vocational evaluators. Any of these services will add time to your divorce.
What’s the Worst Case Scenario?
With everything that can pop up and complicate matters, it’s not uncommon for a contested divorce to last months. Or even longer.
The more you and your soon-to-be ex disagree, the more assets you have to divide, and the more time you spend.
If your case involves mediation, arbitration, or court appearances, these require scheduling and coordination.
With all the potential delays, divorces often take up to a year or more to finalize.
Streamlining the Process for Divorce in Oregon
Many factors affect how long divorce takes in Oregon. However, you can streamline the process.
Know what you’re willing to fight for and what you’re willing to let go—don’t argue about every point just because; that most often wastes time and money. Figure out what issues you and your spouse agree on so you can get them out of the way immediately.
Related Reading: How To File For Divorce In Oregon