We call it the “divorce process” for good reason. However, sometimes, it involves little more than filing the paperwork, paying the applicable fees, and waiting a specified amount of time.
This most commonly occurs in shorter marriages with no children and little or no shared property to divide.
How long does a divorce take in Oregon?
In general, the more complex a marriage is, the more you have to deal with, the longer you should expect it to take. Children, property, retirement funds, frequent conflict, and even the length of the marriage all play a part.
Many factors influence how long a divorce takes. Here are a few common hurdles people must clear to dissolve a marriage in Oregon in a timely fashion.
The Waiting Period
Divorce laws vary by state. One of these is the waiting period. This is the minimum amount of time between filing the paperwork and your divorce becoming final.
Oregon used to have a 90-day waiting period, but the state eliminated it a few years ago, so there is technically no longer a waiting period.
After you file the paperwork, your divorce can become final in a matter of days. That said, it usually sits in a stack waiting for a judge to sign it, which may take weeks.
This represents the bare minimum. You can file the papers, pay the fees, and call your marriage done quickly. But many other factors influence how long divorce takes and lengthen the process. You have to reach an agreement in one way or another. This often takes a great deal of time.
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Child Custody Disputes
When it comes to the time-consuming parts of divorce, child custody disputes are one of the big ones.
This is such an emotional issue for parents; tempers often flare, and conflict is common. There are a lot of details to hash out, and if you and your ex argue about every point, that slows things down.
Custody cases must decide where the child lives, child support orders, visitation, decision-making authority, and more. All of this ultimately goes into a parenting plan. Even if the two sides generally agree, creating this document still takes a while.
The courts aim to serve the best interests of the child, which takes time to determine. Some cases even require third-party evaluations. All of these factors can lengthen the divorce process.
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Division of Property
You accumulate property, assets, and debts during a marriage. When you divorce, you divide it all. The more you have to parse out, the longer it takes.
This can go smoothly. If you have a prenuptial agreement, you both agree ahead of time on who gets what. Or, if you don’t have much to split up, it may happen quickly.
But again, the more you have, the more potential delays you often encounter.
Oregon is an equitable distribution state. That means the court seeks to distribute assets fairly and equitably. The goal is for each spouse to emerge on relatively equal footing and maintain a lifestyle similar to that enjoyed during the marriage.
Property includes the obvious, like houses and cars, but also things like retirement benefits, capital gains, and even airline miles. Suppose you argue about who gets what every step of the way; that lengthens your divorce. And in some cases, people can and will argue about everything.
These conflicts, and many others, impact how long a divorce takes in Oregon.
Related Reading: Is Oregon a Community Property State?
Doing it Yourself
It’s now easier than ever to take a Do-it-Yourself approach to divorce. You can fill out and file all the forms; no divorce lawyer required. It may even be the best choice in some cases- again, usually simple, straightforward ones.
The DIY process is ideal for couples without children, much shared property, or significant assets. But in other cases, representing yourself slows things down and drags it out.
Ending a marriage requires many long, detailed forms, and legalese is not user-friendly or easy to understand. Mistakes, omissions, and improperly filled-out forms cause setbacks and delays.
Even if you fill out the paperwork yourself, you may want an experienced attorney to review it before you file. A small expense upfront may save you time, money, and headaches later. And it’s definitely less expensive than hiring a full-time divorce lawyer.
Related Reading: DIY Divorce: What is Pro Se?
Evaluations
We mentioned evaluations earlier, and they show up in multiple ways and can slow down your divorce.
Parenting evaluations are common occurrences in custody cases. The child’s well-being takes precedence over other issues, so this happens if there are concerns about abuse, mental health, substance abuse, or other red flags.
If one parent wants to move out of state with the child, you must address that topic. Business evaluations may also be necessary to examine finances. If you and your spouse own a business together, this becomes a divisible asset. It’s common to hire an outside appraiser to determine the value.
Complicated investment portfolios or situations with significant assets may also necessitate a closer look.
Again, the common theme pops up: the more you have to deal with, the longer your divorce will likely take.
These aren’t the only things that can slow down your divorce, but in most cases, this rule of thumb applies: the more there is, the more time it takes.
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What’s the Worst Case Scenario?
While your divorce in Oregon can take as little as days, what’s the worst-case scenario?
With everything that can pop up and complicate matters, it’s not uncommon for a contested divorce to last months. Or even longer.
The more you and your soon-to-be ex disagree, the more assets you have to divide, and the more time you spend.
If your case involves mediation, arbitration, or court appearances, these require scheduling and coordination. Court dates often don’t happen for months.
With all the potential delays, divorces often take up to a year or more to finalize. That’s probably not what you want to hear, but it’s often the case.
Streamlining the Process for Divorce in Oregon
Many factors affect how long divorce takes in Oregon. However, you can streamline the process.
Gathering relevant financial information ahead of time helps. Hiring an experienced divorce attorney who has been through this before also speeds things along.
Know what you’re willing to fight for and what you’re willing to let go—don’t argue about every point just because; that most often wastes time and money. Figure out what issues you and your spouse agree on so you can get them out of the way immediately.
There are ways to speed things up, but divorce isn’t a quick process. It’s more important to do it right than do it fast.
Divorce orders are legally binding court orders, and once in place are difficult to change. Make sure it’s something you can live with. Ending a marriage impacts you, your family, and your finances for years to come; it’s worth the extra effort.
Related Reading: How To File For Divorce In Oregon