Understanding the Divorce Process
Portland OR | Beaverton OR | Hillsboro OR | Clackamas OR
Understanding the divorce process can help relieve some of the anxiety that clients often feel at first when going through a divorce. At Proctor Law, PC, we are here to competently and compassionately guide families through the divorce process in Oregon. Our lawyers are available to assist you every step of the way. We work with our clients as a team. In most cases, the general process looks like this:
- A petition for dissolution of marriage or dissolution of registered domestic partnership petition is filed. The person who first files the petition is called the petitioner.
- The other party is served with a copy of the summons and petition and then has 30 days to respond. The party receiving service of the petition and summons is called the respondent. (If the respondent fails to file a response with the court on time, the petitioner may be able to get a judgment by default.)
- Once the divorce is filed, one party may need to request temporary court orders to determine custody arrangements or support during the divorce process.
- Divorcing parents are required to attend parent education classes that are approved by the county where the divorce has been filed.
- Discovery is the exchange of information and documents that happens during the divorce process. Parties are not allowed to hide money or property from their spouse and the discovery process helps the parties understand how to divide assets and what custody and parenting time arrangements might be best for the children.
- If you and your spouse come to an agreement on all or most issues, we can help you formalize those agreements with the court.
- If the parties cannot reach an agreement on all or some issues, then disputed issues will be decided by a family law judge following a hearing or at the final trial in the case.
- A divorce generally concludes with the entry of a General Judgment that disposes of all the issues in your case.
- If the other party is not following the judgment we can help with remedies from negotiation to filing for contempt of court.
How Proctor Law, PC, Can Help
At Proctor Law, we have experience handling a wide range of family law issues and concerns including divorce, separation, child custody, modification, and domestic violence. We work with our clients to help you understand the divorce proccess and to develop a plan to achieve the best solutions for each family’s situation. Above all, we understand that children can be impacted by divorce and we do not lose sight of how decisions may affect your children. We help our clients focus on the big picture, not just the immediate and frustrating issues that often come up in emotionally-charged and difficult situations. We will help you advocate for what is in your children’s best interests.
Our Oregon divorce attorneys are available to meet with you to answer all your divorce-related questions such as:
- How can I afford a divorce?
- Can I hire an attorney if my spouse has all the money?
- Do I have to go to court?
- Will I have to move out of my home?
- Can my spouse move away with the children?
- How much parenting time will I get?
- Will I lose my retirement or inheritance?
- How long does the process take?
- If I’m a stay-at-home parent, what can I do to live on my own?
- How is spousal support calculated?
- How long to I have to pay support?
- What do I need to do to make sure I get a fair share of our assets?
- Is my spouse’s debt my debt too?
Fostering Open Communication During the Divorce Process
Even in the most contentious divorces, we work hard to help clients maintain open lines of communication with the other spouse. Our firm understands that couples who have children together will have to continue to work together for years to come, regardless of whether they are married or not. For this reason, we strive to find positive resolutions to disputes. We will help you work out a plan that can stand the test of time and can be enforced if necessary.
If communication between parties is not possible or there are safety issues, we will communicate with the other party, or his or her attorney if he or she has one, to negotiate a fair settlement. If settlement is not possible, we are prepared to go to court to fight for what is fair.