Best Family Law Attorneys in Salem, OR

No. Oregon is a no-fault divorce state, which means you are not required to show whose fault it is or even why the marriage is ending. In Oregon, all you need to tell the court about why your marriage is ending is that you and your spouse have irreconcilable differences. In other words, if your marital problems cannot be resolved and you want to be divorced, a judge will grant you a divorce.

People who have lived in Oregon for less than the six months just before they want to file for divorce may petition the court for a legal separation. You can then convert the separation into a divorce (must be within two years of any entry of a separation judgment).

Once divorce papers have been filed with the clerk, you or your spouse will be served with those papers and given 30 days to respond in writing. Each party is then required to exchange information about finances, property, and debt. If you and your spouse agree about the terms of the divorce (including how to divide the property and debt, and any support issues), the attorneys will draft a judgment and it will be signed by the judge and entered into the public record with no need for a hearing. If you do not agree, you and your attorney will discuss how your case will proceed.

Not necessarily. In Oregon, the law requires that the property division is fair and equitable under all of the circumstances. "Equitable" is not synonymous with "equal." This means that the court, if asked, is not likely to divide each piece of property and debt in half. One party may end up with more debt and more property while the other ends up with less property, less debt, and more support. The division of property and debt is one of the central challenges in divorce, and we can help you work toward the results you want.

It depends. For the most part, unless the other parent has done something rather terrible to a child, the court is unlikely to keep that parent from their children. However, if the other parent is putting your child in danger, is abusing your child, or is neglecting your child, we can discuss options for keeping your child safe. Sometimes, that means modifying custody or parenting time.