Divorce FAQ

Our Portland Divorce Attorney is a Strong Advocate for Spouses Seeking Dissolution of Marriage

When you make the decision to move forward with a divorce, there may be many questions still left unanswered. Our Portland divorce attorney Ronald Allen Johnston understands that the choice to file for divorce was not an easy one to make, but the unknown of what is to come can be the cause of even more stress. Ronald Johnston is here to provide you with the information you need throughout the divorce process, starting with this list of frequently asked questions that we commonly answer at our firm.

If you would like more information about any of the following questions or answers, contact us to schedule a pre-divorce consultation or a confidential second opinion of your divorce case.

What do I have to prove for the court to grant a divorce in Oregon?

In the state of Oregon, divorce laws allow you to file a “no fault” divorce. Claiming “no fault” in a divorce only requires you to state that there are irreconcilable differences between you and your spouse. There is usually no need to bring up any evidence of misconduct, unless it may potentially affect child custody issues. Our Portland divorce lawyer can help you pursue a divorce with or without the consent of your spouse.
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When I file the petition for divorce, what happens next?

Once you file a petition and the other party is served with the divorce paperwork, an automatic financial restraining order is set in place. This prevents you or your spouse from changing the financial status quo, which includes the transferring of any assets. The court may also put in place a temporary protective order of restraint if children are involved, which does not allow any changes to the residency or routine of the children. Then the attorneys will proceed with the discovery process, which is the full disclosure of finances between spouses. The attorneys will work at this time with their clients to come to a settlement without resorting to litigation. If parties cannot agree, they may be sent to mediation regarding child custody matters or proceed to trial before a judge.

Schedule a pre-divorce consultation today to have an in-depth discussion of the divorce process with an experienced Portland divorce attorney.
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Is it true that I will need to complete a parenting class before the court will finalize my divorce?

Oregon does require both parties involved in a divorce to complete a parenting class if children are involved. Depending on the county, this class is typically a few hours long and covers many helpful topics, such as how to help your children cope with divorce as well as information on how to make parenting time better. The prices of these classes also vary by county.

Mothers and fathers will usually complete this class and file the appropriate certificates with the court early on in the divorce process. Not completing these classes will prevent the finalization of your divorce. For more information about how Ronald Johnston will work alongside you in your divorce, call our firm at (503) 226-7986.
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How does Oregon divide the property in divorce?

The divorce court divides property in Oregon in an “equitable distribution,” which means that each party will receive a fair amount of the property, but it will not necessarily be split in half. In the discovery process, all non-liquid assets (such as a house or business) will have a monetary value assigned to them. The court will then consider the contribution of each spouse as well as the reasonable costs of sale when deciding on the property division.

For more detail on these and other questions, please see our page Time Lines for Dissolutions.

To uphold the rights you have to your home, car and other assets, speak with our Portland divorce lawyer Ronald Allen Johnston to learn how we may be able to best represent your case.
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