Best Divorce Lawyers in Portland, OR

A Legal Separation is a court process that looks very similar to a divorce, in that the court will enter a judgment dividing assets and debts, awarding custody, establishing a parenting plan, and determining child and spousal support amounts. Some clients prefer a Legal Separation to divorce for personal reasons, such as religion or the need for continued healthcare. Legally separated parties cannot remarry until they are divorced. A legal separation judgment can be converted into a divorce by either party within two years.

Many clients ask if they can or should leave the family home when a divorce is pending. When minor children are involved, we generally tell clients to stay in the home until a formal parenting plan has been established. Even when children are not involved, there may still be strategic reasons to stay in the home while the divorce is pending.

If you were married in Oregon and either party is a resident of Oregon, then you can file for divorce anytime. If you were not married in Oregon, then at least one party must have lived in Oregon for six months at the time the divorce was filed. In a suit for legal separation, you can also file anytime. See ORS 107.075.

While a divorce is pending, the court has the authority to order one party to pay temporary support or to maintain payment of certain household bills. The court may also award one party exclusive use of a vehicle or residence, identify which parent will have temporary legal decision-making for the children, and establish a temporary parenting plan. Parties may reach these temporary agreements without a hearing, or the court may resolve the dispute on their behalf.

A filing fee is required when you file a Petition. Court fees change periodically, but currently, the cost is $301 for each party in a contested divorce. Other out of pocket costs (non-attorney fees) include court reporter fees for depositions, appraisals, investigators, computer research, etc.