The duration of a divorce in Oregon depends on various factors. Typically, an uncontested divorce where both parties agree on terms may take around two to four months to finalize. However, if the divorce is contested or involves complex issues such as child custody or property division, the process can take longer, extending to several months or even years.
There is no mandatory waiting period in Oregon, so divorce time will primarily depend on the court workload and the speed with which spouses can resolve contested issues, if any. To find an answer to the question “How long does it take to be divorced?”, check the information provided below.
How Long Does Divorce Process Take?
Each divorce is unique, has specific circumstances to consider, and can be finalized anywhere between several months in uncontested cases and a year or more in contested ones. You may contact a professional family attorney who can give a more precise answer to the question, “How long does the process of divorce take?” based on your individual situation. Regardless of the complexity of your case, there are several basic steps you need to go through in the process of divorce:
- Filing documents with a court. Filing accurate and complete divorce paperwork can help avoid delays caused by potential corrections needed and re-filing. Though filing itself can be done in one day, preparing forms can take from a few days to several weeks.
- Serving a summons on the respondent. A petitioner is required to deliver the divorce papers to the other party. Various factors influence how long after filing for divorce the papers are served. The type of service chosen, availability of process servers, and any potential complications in locating a respondent can make this step longer. It can take from a few days to a week or more.
- Waiting for a response from the other spouse. According to Oregon law, a respondent has 30 days to provide an answer to the petition. After this period, the court will schedule a final hearing, if required in the case, where a divorce will be finalized.
The duration of the steps specified and the overall time a divorce will take depend greatly on whether you have a contested or uncontested case.
How Long Does an Uncontested Divorce Take in Oregon?
Answering the question “How long does an uncontested divorce take in Oregon?”, it is necessary to mention that it can be finalized within three to six months, provided all the paperwork is correctly filled out and spouses are cooperative. An uncontested marriage termination is possible if a couple agrees on all divorce terms, such as property division, child custody, alimony, etc. It is typically faster than a contested divorce. There are several aspects that can affect the duration of an uncontested process:
- Negotiation and settlement. If spouses would like to start an uncontested case but still have some minor disagreements, negotiations may be required. How fast a divorce can happen in this case depends on how effectively the parties work together to reach an agreement quickly.
- Presence of minor children. Spouses with minor children must usually take parenting classes before they can be divorced.
- Paperwork preparation. Completing all divorce forms on your own can significantly delay the process. If your divorce is uncontested and you want to save money and time on document preparation, you can seek help from an online divorce service. Thus, you can get professional assistance with the paperwork without spending thousands of dollars on a lawyer and many days or weeks searching for and completing all the documents yourself.
After all, some factors are out of your control, such as a busy court schedule, which is often the main reason for a prolonged divorce process in an uncontested case.
How Long Does a Contested Divorce Take in Oregon?
It is difficult to specify exact time frames for how long a contested divorce can take, but on average, such a case can be resolved within six months to a year or more, if it is particularly complex. Since there are disagreements between spouses on major divorce terms, the average divorce time depends on how quickly spouses can resolve them and go through the following steps:
- Negotiations and work with a lawyer. Before going to court, spouses can try to resolve disputes and disagreements with the help of a lawyer or by taking part in negotiations and mediation.
- Trial proceedings. If disputes remain unresolved, the divorce case will go to trial. Its duration will depend on the complexity of the issues involved, the court’s schedule, and the number of required court hearings.
- Post-trial motions and appeals. In some cases, either party may appeal the court decisions, which may greatly increase the divorce timelines.
Because of the complexities of a contested divorce, it’s important to work with an experienced attorney to help you go through the legal process as quickly as possible.
How Long Does It Take for Divorce to Be Final?
The time it takes for a divorce to be finalized can vary from several weeks to a few months or even years. The answer to the question “How long does a divorce take to finalize?” will depend on whether it is contested or uncontested, the court’s caseload, and the efficiency of the legal process. Once all issues are resolved, either by spouses reaching an agreement on their own or after a trial, the court can make a final decision on the case.
So, when does a divorce become final? The final hearing, where the court reviews the divorce papers and considers once again the decisions made, is the last step in the divorce process. If everything is in order, the judge signs a final divorce decree.
What Makes Getting a Divorce Take Longer?
Several factors can contribute to the prolonged divorce process in Oregon. Why does a divorce take so long? Let’s consider some of the main reasons:
- Contested issues. When spouses disagree on major divorce terms, such as property division, custody, alimony, etc., negotiation, arbitration, or long court battles may be required, greatly delaying the process.
- Many assets to divide. It usually takes quite a time to evaluate and fairly distribute assets, property, and businesses owned by spouses.
- Child custody and parenting plans. Creating plans that fully accommodate the needs of the child and schedules of both parents can be a complicated and lengthy process. It may also require the involvement of third-party experts.
- Court workload. Courts can have a heavy caseload, leading to delays in scheduling hearings.
- Complex legal processes. The legal procedures involved in a divorce, such as preparing and filing documents, can be intricate and time-consuming. You can make the document preparation process easier by contacting online divorce services, who will provide you with the paperwork you need to submit through the e-filing system file for a quick divorce online, if it is available, or file with the local court in person.
Some factors may be out of your control, but for a speedy divorce, it’s important to agree with your spouse or work with an experienced legal professional who can help you navigate your divorce process efficiently and resolve any issues that may arise.
Natalie Martinez is a distinguished author with a profound expertise in family law. Her literary journey spans over a decade, during which she has penned several influential books dealing with the complexities of divorce-related legal matters. Recognized for her invaluable insights, Natalie’s work has garnered acclaim from renowned legal publications. She has been a featured guest on podcasts and webinars, sharing her profound knowledge and passion for family law.
