Divorce Settlement Agreements
If you're in Oregon and wondering what a divorce settlement is or what you're entitled to, you're in the right place. This article answers your frequently asked questions about settling your divorce in Oregon.
If you're ready to start, check out this step-by-step guide to negotiating a divorce settlement with your spouse.
What is a divorce settlement or divorce agreement?
A divorce settlement is a legal document that spells out the terms of your divorce. It can include a settlement payment from one spouse to another, but it could also address:
- How you'll divide your marital property and debts
- Spousal support payments
- How you'll co-parent your kids after the divorce
Can you settle your divorce outside of court in Oregon?
Yes, absolutely! Many couples work out the terms of their divorce without going to court or talking to a judge. Settling your divorce can save you time, money, and stress. You can settle your case before you file for divorce or anytime during your divorce.
You can settle your divorce using any of these options:
- Negotiate directly with your spouse
- Let your divorce lawyer negotiate for you
- Go through divorce mediation
Am I divorced after I sign a divorce agreement?
Signing the agreement is a big step, but you're not officially divorced until the court says so. In Oregon, your divorce agreement must be written on court forms, filed with the court, and approved by a judge before your divorce agreement is final and you're officially divorced.
Can you write your own divorce agreement?
Yes. You can write your own divorce settlement. You don't have to hire a divorce attorney to do this for you.
But you can't just type up your agreement on a blank sheet of paper and turn it in to the court for approval. You must use Oregon's court forms. The form you need is called a “Judgment of Dissolution of Marriage.”
You'll need to fill out some other paperwork, too. However, the specific forms you need depend on the status of your divorce and the county in which you're getting divorced. You can contact your local family court facilitator for help finding and completing the correct forms.
Tip: Having a divorce lawyer review your agreement is a good idea. A lawyer can ensure you've considered all the details and implications of your settlement and haven't left out anything important.
What's fair in a divorce settlement?
This varies from couple to couple. Remember that what was fair for your friend or co-worker in their divorce won't necessarily be fair for you.
Fairness depends on many factors, such as how much money you and your spouse make, how many kids you have, how much property you own, how much debt you have, and more.
How do I negotiate a divorce settlement with my spouse?
You can negotiate a settlement agreement without lawyers. This step-by-step guide to negotiating a divorce settlement agreement will help you get started.
More Questions about Divorce Settlements
In most situations, your divorce settlement won't have significant tax consequences. We'll break this down for you:
- Spousal support payments. If you finalized your agreement in 2019 or later, spousal support payments aren't taxable. If you get spousal support, you don't report this as income. If you pay spousal support, you don't get to deduct this.
- Property settlements. Property transfers or cash payments instead of property transfers usually aren't taxable either.
- Child support payments. These payments aren't taxable. If you get child support, you don't report this as income. If you pay child support, you don't get to deduct this from your income.
These are the general rules, but there are many exceptions. For more information, visit this IRS page on filing taxes after a divorce or legal separation.
No. Oregon is a "no-fault" state. This means that your spouse's bad behavior doesn't directly affect the outcome of your divorce. You won't get more money or a better deal just because your spouse was a cheater.
However, if you have children under 18, your spouse's cheating could affect custody or parenting time if their cheating impacted your kids. For example, maybe your spouse wasn't taking good care of your kids or wasn't spending time with your kids because their attention was elsewhere. Those behaviors could mean they don't get custody or that they don't get as much parenting time with the kids. Learn more about custody and parenting time in Oregon on this page.
You can change your agreement or walk away from your settlement agreement if you haven't signed any legal documents or read your agreement to a judge in court.
If you've already signed legal papers or read your agreement in court, you can usually change or reverse a settlement agreement, but the steps to do this depends on:
- The level of formality of your agreement: Did you file your agreement with the court? Did a judge sign off on your agreement? Your options for changing or reversing your agreement depend on the level of finality.
- Why you want to change the agreement: Was there a mistake? Did your spouse hide assets from you? Did your finances change? You can change or reverse your agreement in these situations, but each of these reasons requires a different course of action.
- What you want to change: You can change some parts of your divorce settlement, like custody, parenting time, spousal support, and child support. But other aspects of your agreement, like how you agreed to divide property and debts, you usually can't change (unless you prove your spouse lied or hid assets).
Contact your local court facilitator or a divorce lawyer if you want to talk to someone about changing your agreement.
After you sign a divorce settlement, it's tough to get out of paying what you agreed. If you don't follow the agreement, you risk legal consequences, like a contempt court case and fines.
Talk to a divorce lawyer if you want to avoid paying a divorce settlement. There are ways to change or reverse your court settlement if your finances have changed or if your spouse lied to you and hid assets during negotiations.