Oregon Divorce Steps

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If a couple wants to take a divorce in Oregon, the first important requirement they have to fulfill is the residency condition. It is necessary to stay in the state at least for half year before applying for divorce. Also, the spouses can file a divorce only in the county where any one of them resides. Oregon allows a divorce taken on the no-fault ground so only irreconcilable differences can be the reason of the dissolution of marriage. Here, is a brief analysis of a Oregon divorce steps.

Initial Stage of Oregon Divorce Steps

• A divorcing partner files a Petition in the circuit court clerk's office along with a filing fee
• The court clerk assigns a docket number to the divorce case. It must be kept in mind to mention this docket number on all motions and pleadings filed in the court
• Generally, a private process server personally serves the Petition and the Summons to the Respondent
• The Respondent may sign the Acknowledgement and Acceptance of Service. This is regarded as a substitute for personal service
• It is expected that the Respondent would file a Response or Counter Petition within 30 days from the date of service
• The court issues a "Restraining Order" as per which the parties should not perform the following:
  • Make extraordinary expenses in the absence of agreement of both partners
  • Transfer, encumber, hide or dispose any property wherein either partner is interested, with the exception of lawyer fees and ordinary expenditures
  • Alter covered parties or beneficiaries on several sorts of insurance
  • Revoke or change most sorts of insurance
• A partner may pass a motion for a hearing for temporary relief. Such a relief is inclusive of the following issues:
  • Payment of lawyer fees
  • Payment of monthly bills
  • "Suit money" to help the partner to maintain experts to assist in the divorce case
  • Temporary custody of minor children
  • Temporary exclusive use of family home
  • Temporary spousal or child support
• However, it is advisable that the issues mentioned in the previous point (regarding temporary relief) may be resolved without scheduling a hearing
• If the divorcing couple has the minor children, such a couple should attend a parenting class, preferably together. This class guides the parents how to minimize the negative impact of the divorce steps on the children

Discovery Stage of Oregon Divorce Steps

The Discovery Phase comprises of exchange of information inclusive of documents pertaining to liabilities, income and assets (business assets, real property, inheritances). The intention of this phase is that one party should know the crucial elements and points of the other party's case and proceed to achieve an equitable and fair result.

• As per the law in this state, if one party does not reveal an asset during discovery phase and this fact is disclosed later, the divorce case can be reopened
• While a hearing is in progress, the responses during discovery phase can be presented as proof

The Oregon Rules of Civil Procedure (ORCP) permit the following in a formal discovery step.

• Requests to admit: One party makes statements of fact and law. This party requests the other to either admit or deny these statements. If the other party admits, there is no need to present proof regarding this issue
• Motion to Compel: One party declares that certain documents are in the control or possession of the other party and the other party should produce these. The other party does not produce the documents. The initial party can seek a court order for production of those.
• Subpoenas: One party issues subpoena to banks or other financial institutions to gain access records that are related to the divorce case. Such records may not be accessible to the other party
• Production Requests: One party requests the other to produce documents (medical records, bank records, financial statements, appraisals, tax returns etc) that are related to the case
• Depositions on verbal Examination: The lawyer asks questions to the witness who answers under oath. This is usually done at the office of the lawyer while a court reporter is present

After the completion of discovery stage, a case is proceeded for an actual hearing. These trails may take a long time depending on the issues and complexities in the divorce case. Once a final solution is found by the court, a divorce process ends by the announcement and issue of divorce order.

Oregon divorce steps may help you to understand the vital points related to the divorce trials and rules and regulations concerning to it.

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