Process of Filing an Uncontested Divorce in Portland

Not every divorce needs to be a long, drawn out contested process where the parties fight over every item, every step of the way. Often, parties that are getting divorced in Portland, Oregon have a good idea of how they would like to split up martial assets and debts and, if there are children, a basic idea of what they want as a parenting plan along with who should get full custody of the children. Once they have figured out what they want, they simply need to make sure it will pass the courts review and properly reflect their agreement. This makes sense as the parties are the ones that truly know both their financial pictures, schedules, and children’s wants, desires and best interest. When the parties are able to mutually agree to everything at the outset, they often hire Portland divorce lawyers to draft and resolve the final portions of the paperwork.

Below is an outline of very basic steps involved with completing the process for an uncontested divorce in Multnomah County Circuit Court.

1. File the Petition for Dissolution of Marriage.

If the parties have children, this will also be a petition to establish custody, parenting time and child support. The petitioner is the party that initiates the case and originally files the petition. The respondent is the party that responds to the petition. However, in an uncontested divorce, the respondent may not need to file a traditional response. Rather, the parties can move to file a stipulated general judgment of dissolution of marriage because all terms are agreed to before the petition is even filed. Along with the initial petition, all accompanying documents required by the court to start a dissolution of marriage must be properly filled out and filed with the court.

2. Draft the Motion and Order to Enter a Stipulated General Judgment without a Hearing.

The Oregon courts have provisions set in place to accommodate parties that want to resolve their dissolution of marriage without a hearing. This means that if the parties have been able to agree to all relevant terms, the court will review an affidavit made under oath that contains all relevant factual findings relating to the parties income, debts, parenting time, support matters, etc. Upon allowing the parties to continue with their dissolution without a hearing, the judge will then review the general judgment of dissolution of marriage.

Also, while Oregon used to have a waiting period before the court could entered the final judgment, this is no longer the case. Rather, it is technically possible to finish a divorce in the same day that the petition is filed if the other party agrees. However, the process usually takes at least a few weeks for the court to review everything relating to the case.

3. Draft the Stipulated General Judgment of Dissolution of Marriage.

The petition begins the divorce and places all items at issue and the general judgment finishes the divorce wrapping up the case. Stipulated, in this sense, means that each party agrees to the terms within the judgment. The Stipulated General Judgment of Dissolution of Marriage sets out the agreements of the parties. If children are involved, the general judgment will include provisions for child support and parenting time, at the very least.

One often overlooked step in the uncontested dissolution process is the mandatory parenting class when there are children involved. Before a court will sign the final documents terminating the marriage, at least one of the parties is required to take the mandatory Parenting Education Course in Multnomah County. If one party has taken the course, that party can request a waiver of the other parties’ obligation if good cause exists. Also, if the parties have any children that qualifies as an Oregon Child Attending School, there are additional steps to take as this child needs to be included within the proceedings.

4. Obtain a Certified copy of the Stipulated General Judgment of Dissolution of Marriage.

Once the judge has signed the final paperwork relating to a divorce, the court will not automatically send you a copy of the stipulated general judgment. However, it is important to request a copy for personal records. This is a very important legal document and should always be kept in a safe place.