Gresham Divorce Attorney
In many ways, the divorce process can seem daunting or intimidating for individuals seeking the dissolution of their marriage. Often one person is not expecting or ready to move forward. Fortunately, the attorneys at Good Advice Law Law have extensive experience guiding clients through the full range of family law matters. Whether you are concerned about child custody, child support, spousal support, property division or simply have questions regarding the legal process itself, do not hesitate to contact our Gresham divorce, law attorneys.
The Divorce Process
A petition for dissolution must be filed with the Circuit Court in your county. The petition can either be at the start of the divorce or, if everyone agrees to the terms, at the same time as the final judgment of the end of the process in a package. It is almost possible to file and be divorced from your spouse in a few weeks' time. The petition contains personal data about your marriage, your assets, and your children if any. It can set out specific provisions for support, custody, a parenting plan (visitation), property division, attorney fees, and court costs. Most often, though, it is usually a generic document that is drafted with the expectation that the specific details of the divorce will be settled by agreement, but it is necessary you let your spouse know what you are requesting. The final agreement can be reached in mediation through a collaborative process, following attorney or other settlement meetings, or after a court trial. The timing to complete a divorce will vary depending on the complexity of your action. Once a petition is filed with the court, there are certain timelines and benchmarks the court will require you to follow or your action will be dismissed.
How Long Does It Take?
In Oregon, it is possible to file your petition and finalize your divorce within a few days after it is filed if your spouse agrees. As a general rule, uncontested divorces take several weeks to a month or two to process. The court established a timeline where it expects a contested divorce to be finished in no more than appropriately 12 months in most cases.
A divorce trial is where each party, with or without an attorney, presents relevant information to a circuit court judge. The judge, based on the information presented to him or her, will apply the statutes and other court decisions to arrive at a resolution. In most cases, the judge’s decision is the final resolution of the matters presented. If your spouse has an attorney and you do not, you will be expected to follow the court rules and present evidence to support your position. The judges in Oregon Court are well-trained in family law and will make a decision regarding your children or other family issues to the best of their ability. However, it would be unreasonable to expect them to understand your concerns after years of marriage and your individual circumstances without providing them with a great deal of information to make this decision. This may entail hours of trial which incurs the cost for hours of attorney time and your time. This can be expensive and time-consuming and not provide you with the results you expect.
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