Frequently Asked Questions - Domestic Relations Questions
No, your spouse cannot stop you from getting a divorce but your spouse can contest issues in the divorce, such as child custody and support, spousal support, and property division. This can complicate and delay the divorce. In some counties, your spouse can ask the judge to postpone your divorce and order both of you to see a counselor.
In almost all cases either you or your spouse must have lived in Oregon for the past six months before you are permitted to file for divorce. This is to prevent people from coming to Oregon for a short time just to get divorced because it may be easier under Oregon law than under the law of their state of residence.
Yes, but you will have to prove to a judge that you have tried in many ways to find your spouse before a judge will let you go ahead with the divorce. If your spouse can't be found for personal delivery of the divorce papers, you will be able to end your marriage and (usually) get custody decided, but you will probably not get child support or any divorce terms which require your spouse to pay money or do something (such as transferring title to property).
An uncontested divorce can be final within 90 days of filing the divorce petition and serving your spouse. You may be able to reduce this time if the judge thinks you have a very good reason. If you and your spouse have agreed on the divorce terms and both signed the proposed final judgment, the judge can waive the waiting period. A contested divorce could take much longer than three months because court hearings and a trial may be needed.
A prenuptial agreement is a private contract between two persons contemplating marriage. The couple generally settles, in advance, financial matters in the event of death or divorce."Lifestyle" or non-financial topics also may be included. Once the marriage takes place, the agreement becomes enforceable. The contract overrides and preempts state, family and probate laws that otherwise would apply. The agreement must be "fair and reasonable", meaning you both have to offer full and fair disclosure, have separate and independent counsel, and make sure there is ample lead-time to provide for contemplation of the terms before the wedding occurs. Note that prenuptial agreements may be modified during the course of the marriage as long as both parties agree.
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David C. Clarke