Uncontested Divorce

If you're considering divorce, you may have heard the phrase uncontested divorce. An uncontested divorce is one where you and your spouse don't fight about the terms of your divorce in court. 

Many people prefer to go through an uncontested divorce because it usually costs less money and takes less time.

In this article, we'll answer commonly asked questions about uncontested divorces, including who can get one, how to get one, and whether you need a lawyer to help you out.

How long does an uncontested divorce take?   

Uncontested divorces usually take less time than a traditional court divorce. You can get an uncontested divorce within a few weeks or months.   

Oregon has no "waiting period" or "cooling off period." This means you could decide to divorce, file paperwork, and finish your divorce within a couple of weeks (if you and your spouse agree on all the details). 

How much does an uncontested divorce cost?  

It costs $301 to file a divorce case in Oregon. Involving professionals, like divorce lawyers or divorce mediators, can increase costs. You can expect to pay several thousand dollars or more for professional help.

If you can't afford to pay the court filing fee, ask court staff for a "fee waiver application." If you don't have much money, the court won't make you pay the fee.   

Do I need a lawyer to get an uncontested divorce?   

No. You can get an uncontested divorce without a lawyer. Oregon has free court forms you can use. You can also get free help navigating your case and finding forms from a family law facilitator at your local court.    

But it's a good idea to hire a professional, like a divorce lawyer or a professional divorce mediator, to help you with your uncontested divorce if:  

• You own a house or land  
• You or your spouse have retirement accounts  
• You or your spouse own a business  
• You want your spouse to pay spousal support  
• You have children and want help making a detailed parenting plan  

Professionals can help you think through all the details and write a legally enforceable divorce agreement. Getting this help up front can prevent problems in the future.  

How to get an uncontested divorce

There are two ways to get an uncontested divorce in Oregon. 

1. You and your spouse settle your divorce outside of court. You and your spouse can work out the details of your divorce outside of court. This is called a "divorce settlement." However, if you reach a settlement agreement, you must file it with the court to finalize your divorce. Learn more about divorce settlements here.  
2. Your spouse ignores your divorce papers. After you start your divorce and serve your spouse, your spouse has 30 days to respond to your divorce papers. If your spouse doesn’t file a response, you can finalize your divorce without your spouse’s involvement. You’ll need to file more paperwork with the court to let them know your spouse didn’t participate in the case. Then, the court will grant you a divorce.