Do You Need an Attorney for Uncontested Divorce in Oregon?
An uncontested divorce in Oregon may sound like the kind of process that doesn't require any type of help or legal representation. However, an uncontested divorce can still come with challenges an attorney can help you with. Here's more about how uncontested divorces work.
How Uncontested Divorce Works in Oregon
If a couple wants to end a marriage in Oregon, there are a few options available that can make the process go quickly. The uncontested dissolution of marriage, or summary dissolution, doesn't require a court date and generally only requires the filing of the proper paperwork.
As a no-fault state, couples do not need to state specific reasons for the divorce other than irreconcilable differences. However, to file a summary dissolution, the couples must satisfy a few requirements:
Marriage of 10 years or less
Residency in the state of at least one spouse for at least the past six months
No children or children who are 18 or older and in school
No current pregnancy
Spousal support waiver
Less than $30,000 in personal property jointly or separately
No more than $15,000 in debt jointly or separately
Agreement on property and debt division
If the couple meets the requirements, they can then file the necessary forms.
The Oregon court website has all the necessary forms and instructions. If the couple doesn't meet the requirements but has worked out an agreement, they can still file as co-petitioners using a different set of forms and instructions on the government website.
How a Family Law Attorney Can Help With Uncontested Divorce
One of the main benefits of hiring an attorney is that your attorney can facilitate the entire process for you. The attorney can choose the proper documents to file, draft the right paperwork, and submit everything to the court on your behalf.
Your attorney can also help you to spot possible issues in your agreement or help you figure out if you meet all the requirements for an uncontested divorce. Filing the wrong paperwork for your situation or misunderstanding one of the requirements can send you back to the start of the process.
The packets of forms and information provided by the state are dense and sometimes confusing. When people do these things on their own, they can sometimes make mistakes or misinterpret instructions. Your attorney can also point out where something about your situation may trigger the court to reject your petition.
Accidents when filling out the paperwork can prolong the divorce and may necessitate court appearances and drawn-out litigation, which is the opposite of what people want when filing for an uncontested divorce. Getting the details right the first time around can require help.
In addition, a family law attorney can help when things don't go according to plan. You may find you're not eligible for the uncontested divorce because of some overlooked asset, or a spouse may suddenly no longer like the agreement. You'll need to know the next step you will have to take and how to take it.
Even with a seemingly cut-and-dry system in place for divorce, you may find there are some things an attorney knows that isn't common knowledge. An attorney may know creative or lesser-known ways to help you meet requirements or work out agreements.
A good example of this comes with the agreement petitioners must have in place before applying for the dissolution. You can claim an asset has one value, but your spouse can claim a different value for the same asset. Your attorney can help you solve these types of problems before they become an issue for your dissolution.
All these things can make an attorney indispensable to you. If you want to give your uncontested divorce the best possible chance, then contacting an experienced family law attorney can make all the difference for a couple who wants things finished quickly. Contact Hazlett & Associates today.
