If you and your spouse want to get a divorce, and there are no serious points of disagreement regarding who gets what; you may be able to save a lot of time and money with an uncontested divorce. In the past there was a 90-day ‘cool down’ period before Oregon couples could divorce, but that requirement has been amended. If properly handled by an attorney, you could potentially complete your uncontested divorce in just a few days.
Summary of an Uncontested Divorce
All divorces in Oregon are considered ‘no-fault’ divorces, and uncontested divorces are typically referred to as ‘summary dissolutions’ or ‘short-form dissolutions.’ Rather than having a plaintiff and defendant, the parties will be called a petitioner and respondent, or under certain circumstances, co-petitioners.
When deciding whether or not an uncontested divorce is the right option, you first need to make sure you meet all of the requirements. In order to use the uncontested divorce process you must meet each of these requirements:
- Spouses must be in agreement on how all assets and debts will be divided
- Separate and joint personal property must have a total value of less than $30,000
- Total debts must be $15,000 or less
- No pending divorce, separation or annulment cases exist in other states
- There is no request for temporary orders from either party
- The right to receive spousal support has been waived (or will be waived) by both parties
- There is no owned interest in any real estate in Oregon or other states by either party
- The wife is not currently pregnant
- There are no minor children (biological or adopted)
- There are no adult children who are currently enrolled in school
- At least one of the spouses must have been living in Oregon for at least six months
- The marriage is less than 10 years old
Avoiding Issues with Uncontested Divorces
Uncontested divorces are an excellent option for many couples. While they were made to help streamline the divorce process in uncomplicated situations, it is still essential to ensure everything is handled properly to avoid potentially costly delays. Having a divorce attorney review all the paperwork before it is submitted is highly recommended as an affordable way ensure a smooth process.