Start Here: Criteria for Handling Your Own Divorce Please read the following questions and answers about divorce in Oregon before you start your divorce process.
In order to file for a dissolution of marriage in Oregon, either you or your spouse must have been a resident of Oregon for at least six months. If you or your spouse have not lived in Oregon for this amount of time, you might be able to file for a legal separation, but not a divorce. You should contact a lawyer for assistance with a separation case.
Oregon Forms Help is designed to help you get a dissolution of marriage without the full representation of an attorney. Filing for a divorce without the full representation of an attorney is not the right option in all situations. Even if you and your spouse agree on issues in your case, and even if your situation is not complicated, it can be difficult to handle your own case. The divorce process is not always easy and there are many forms to complete and file. If you have a simple uncontested dissolution of marriage case that meets certain criteria (for example, a marriage of less than 10 years, with no minor children of the marriage, and no real estate owned by either spouse), you may wish to file a Summary Dissolution. The forms and an instruction booklet are available at your local courthouse or through the State of Oregon's Judicial Branch website (ojd.state.or.us).
Oregon Forms Help is designed to help on divorce cases that do not involve complicated legal issues. If your case involves complicated legal issues, you may seriously harm your legal rights if you use these forms on your own. You should first talk to a lawyer if your case involves any of the following issues:
Custody and parenting time (visitation) of minor children who have not been living in Oregon for the last six months
Pensions, retirement benefits or profit-sharing plans
A current personal injury case involving you or your spouse
Real estate that you or your spouse own
A family business
A bankruptcy case that you or your spouse have filed or are considering filing
Complicated tax issues
Oregon Forms Help is designed to help if your case is uncontested. "Uncontested" means: 1) You and your spouse agree about issues in the case, such as money, property and parenting issues OR 2) Your spouse will not file forms in court disagreeing with what you have asked for in the case. If your case is contested or will become contested, you should contact a lawyer for assistance.
If there has been violence or threats of violence in your relationship with your spouse, there are special concerns about handling your own case. It is a very good idea to talk to a lawyer before beginning a dissolution of marriage case. You may also want to talk to a domestic violence or a sexual assault advocate for help in planning for your safety. There are also risks with using your computer on this website. If you have safety concerns, find out how an abuser can discover your use of the Internet and how you can minimize the risks.
The purpose of this web site is to help you complete your divorce case through a four part process. When possible, information about how to minimize your out-of- pocket costs is also provided. Although this web site provides information about dissolution cases throughout Oregon, the court rules in every county are not the same - there might be small differences in how things are handled in your local court. In addition, even if you handle your own case, there may be costs involved, such as notary public fees, filing fees, service fees, copying and printing costs.
If you would like to proceed after reading and answering these questions, begin the process..
|