| General Questions About Divorce |
| Q: |
What is dissolution of marriage? |
| A: |
A dissolution of marriage, commonly called divorce, is the legal act of terminating a marriage when differences between the parties have cause the irremediable and permanent breakdown of the marriage. |
| Q: |
What is meant by the term "no fault"? |
| A: |
"No fault" divorce means that the mere claim that the marriage has irreparably broken down is sufficient to obtain a divorce. A judge generally will not permit or require evidence of specific acts or misconduct or fault in granting a dissolution of marriage; however, such evidence might be considered where child custody is an issue. |
| Q: |
What is a legal separation? |
| A: |
A legal separation, either temporary or for an unlimited time, may be granted when the differences between the parties have caused a temporary breakdown of the marriage. Virtually all issues that could arise in a dissolution of marriage proceeding also may arise in a separation proceeding. In addition, the costs, fees and procedures are usually the same as in a dissolution case. |
| Q: |
What is annulment? |
| A: |
Annulment is a way of legally ending a marriage by "canceling" it and treating it as if it never occurred. An annulment is granted in only rare circumstances, such as where one of the parties was incapable of consenting to the marriage because they were underage or lacked sufficient understanding, or if consent was obtained by force or fraud. ORS §107.015. |
| Q: |
What gets decided in a divorce? |
| A: |
Once the divorce is granted a "Judgment of Dissolution of Marriage" is signed by a judge. This Judgment will usually include: the date the marriage ends, awards of spousal support, custody of the children, parenting schedule, which party is responsible for child support and the amount, which party shall provide health insurance for the children, and how the assets and liabilities are divided. |
| Q: |
Can my spouse keep me from getting a divorce? |
| A: |
No. However, your spouse can contest certain issues in the divorce and ask a judge to make a ruling.
Examples of commonly contested issues include spousal support, child custody and support, and division of assets. |
| Q: |
How long does it take to get a divorce? |
| A: |
This depends if it is a "contested" or "uncontested" divorce. If your spouse disputes your proposed resolution of the issues (support, asset division, etc.), it is considered "contested". If your proposal is acceptable to your spouse, the divorce is "uncontested." An uncontested divorce can be finalized immediately if the parties agree and the necessary paperwork is completed. In Oregon, a contested divorce typically lasts six to twelve months from the initial filing to conclusion. |
| Q: |
Will I have to go through a trial to get a divorce? |
| A: |
Each case is unique, but the majority of divorce cases are resolved out of court. There will be a trial if you and your spouse are unable to reach agreement on all the issues. If the parties reach a partial agreement, a trial will resolve those issues that are still in dispute. |
| Q: |
Will I lose my spouse's group health insurance after the divorce? |
| A: |
You can ask to continue your health insurance coverage through your spouse's employer by enrolling in the COBRA plan. This extension period can range from eighteen months to three years, but there are stringent requirements related to the enrollment period and prompt payment of premiums. |
| Q: |
What is mediation? |
| A: |
Mediation is an alternative method of resolving disputes. Some counties require that parties seeking divorce go through mediation prior to going through a trial. In family law mediation, you and your spouse sit down with an impartial third party (referred to as the mediator) to attempt to reach a settlement that is suitable to both parties. The agreement is not legally binding and will typically require the services of an attorney to prepare and file the settlement agreement. |
| Q: |
Can a wife have her former name restored? |
| A |
Upon request, a judge will grant a request that a woman return to the use of a former name. |
| Q: |
What is modification? |
| A: |
A party may seek to modify an existing divorce decree as to a support order or custody and visitation schedule due to an unanticipated substantial change in circumstances. Issues related to property settlement cannot be reconsidered except in a few very limited situations. |
| Q: |
What can I do to prepare information when filing for dissolution? |
| A: |
Many people are diligent in assembling asset information such as real estate, retirement plans and accounts, non-retirement investments, savings information and stock options; however, it is just as important to gather a thorough accounting of financial obligations. For this reason it is a good idea to obtain a credit report early in the process in order thoroughly to address all aspects of settlement. Information regarding how to obtain a credit report can be found under "resources" on this web site. |
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