Oregon Divorce Frequently Asked Questions
No information below should be relied upon as formal legal advice. These answers should not be used in place of a personal consultation with a qualified lawyer.
What is an “uncontested” divorce? How do I obtain one?
The Oregon Uncontested Divorce: divorces do not have to be lengthy battles. Many couples will decided on the terms of their divorce without ever setting foot into a courtroom. When the parties agree all all terms of the final outcome of a divorce, we refer to it as “uncontested.”
Your divorce will be contested unless you and your spouse agree to all aspects of custody, parenting time, support, property division, payment of liabilities, and attorneys’ fees and court costs. You have a contested divorce, and a trial may be necessary, if your spouse disputes even one of these matters, regardless of whether or not the dispute is eventually settled without having to appear before a judge. However, you can narrow the issues that a judge will decide by reaching agreements on pieces of your case. Most contested cases are settled by agreement between the parties before either party appears in a courtroom.
“Uncontested” does not refer to a party consenting to a divorce. There is no provision in Oregon law to keep a person from divorcing. That is, divorce does not require consent of the non-petitioning party to obtain a divorce. There is no way to keep a person married against their will if their intent is to obtain a divorce. Instead, “uncontested” refers to the agreement of the parties of the terms of the final divorce judgment.
Contact us to discuss the facts of your case.