DIVORCE: THE PROCESS

Understanding the Timeline

Every divorce is unique, but understanding the general process helps you know what to expect. In Oregon, even an uncontested divorce takes at least 90 days from filing to completion due to the mandatory waiting period.

Temporary Orders

While your divorce is pending, you may need temporary orders to address immediate concerns. These can include:

• • Temporary custody and parenting time arrangements
• • Temporary child support
• • Temporary spousal support
• • Exclusive use of the family home
• • Restraining orders if needed

Filing and Serving Papers

The divorce process officially begins when the Petition for Dissolution of Marriage is filed with the court. In Oregon, the person filing is called the Petitioner, and the other spouse is called the Respondent. Filing must occur in the county where at least one spouse resides.

After filing, the Respondent must be properly served (notified) of the divorce petition. Service can be accomplished through personal service (a process server delivering the documents), certified mail, or other methods approved by the court. Once served, the Respondent has 30 days to file a Response to the Petition.

The Response indicates whether the Respondent agrees or disagrees with the terms proposed in the Petition. If the Respondent agrees with all terms, the case can proceed as an uncontested divorce. If they disagree with any terms, the case becomes contested and will require further negotiation or court intervention to resolve the disputed issues.

Discovery and Financial Disclosure

Oregon law requires full financial disclosure by both parties. This is accomplished through the Confidential Information Statement (CIS), which is a comprehensive form that must be completed by each spouse. The CIS includes detailed information about income, expenses, assets, liabilities, and other financial matters.

The discovery process allows both parties to exchange financial documents and information needed to make informed decisions about property division, child support, and spousal support. Common discovery requests include:

• Tax returns (typically the last 2-3 years)
• Bank and financial account statements
• Investment account statements
• Retirement account statements (401k, IRA, pension)
• Mortgage statements and property valuations
• Pay stubs and employment records
• Business documents and financial records
• Debt statements (credit cards, loans)
• Insurance policies

This transparent exchange of financial information helps both parties understand the full picture of the marital estate and makes it easier to reach fair agreements. At Crawley Law, we ensure that all required disclosures are made promptly and completely to move the case forward efficiently.

Mediation and Settlement Conferences

Oregon courts strongly encourage mediation and settlement conferences. In fact, many Oregon counties require parties to attempt mediation before proceeding to trial. Mediation is a process where a neutral third party (the mediator) helps both spouses negotiate and reach agreements on contested issues.

Mediation is often less adversarial, more cost-effective, and faster than litigation. It also gives both parties more control over the outcome. During mediation, the mediator does not make decisions but instead helps facilitate communication and negotiation between the parties and their attorneys.

Settlement conferences with the judge are another opportunity to resolve disputes before trial. In these conferences, the judge may discuss the strengths and weaknesses of each party's position and encourage settlement. Many cases are resolved during settlement conferences without the need for a full trial.