Uncontested Divorce
If you're considering divorce, you may have heard the phrase "uncontested divorce." 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.
What is an uncontested divorce?
An "uncontested divorce" is one where you and your spouse don't fight about the terms of your divorce in court.
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 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 and 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.
- 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.
- 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.
If you and your spouse agree on the terms of your divorce, here's how to get an uncontested divorce:
Step 1: Complete paperwork to start your divorce
First, one of you needs to complete the paperwork to start your Oregon divorce. You can get this paperwork for free from the Oregon Judicial Department website. The forms you need are called:
"Co-Party Petition"
"Summons Family Law Case"
"Record of Dissolution of Marriage or Registered Domestic Partnership"
"Confidential Information Form" (CIF) (you need two, one for you, one for your spouse)
"Notice of CIF Filing"
Step 2: Prepare the forms to finalize your divorce
Next, one of you needs to complete another set of paperwork to finalize your divorce. The forms you need are called:
"Declaration in Support of Judgment"
"General Judgment of Dissolution of Marriage"
Step 3: Sign the forms
Your spouse and you must sign some of the forms. These forms are:
"Co-Party Petition"
"General Judgment of Dissolution of Marriage"
Step 4: File the forms and pay a filing fee
Finally, one of you will need to go to court and file the forms. You'll also need to pay a $301 filing fee (or apply for a fee waiver if you can't afford it). If you have questions about where to file, visit this page for more information.
Step 5: Wait for a judge to approve your divorce
It may take a couple weeks for a judge to review your paperwork and sign it. If there are problems with your forms, you may get a call from the court asking you to resubmit your forms. If you don't hear anything, be sure to call the court and check on the status of your case.
Step 6: Get a copy of your divorce judgment from the court
Once your divorce papers are signed by a judge, you're officially divorced! Be sure to get a "certified copy" of your divorce judgment from the court. You may need this to do things like:
- Update insurance policies
- Get new identification (if you went back to a former name in your divorce)
- Transfer property
- Deal with joint debts
Follow the steps on the How to Start Your Oregon Divorce page.
If your spouse doesn't respond to your divorce within 30 days, you can finalize your divorce without their input. But you'll need to complete a few more forms. The forms you need are:
- "Ex Parte Motion for Order of Default and Declaration in Support"
- "Order on Motion for Default"
- "General Judgment of Dissolution of Marriage / RDP"
You can find these court forms on the Oregon Judicial Department website.
If you need more help with your divorce, you can:
- Get free help from the court. Your local court's family law facilitator can help you find the right forms and understand the steps to get an uncontested divorce. Learn more about family law facilitators.
- Hire an attorney. If you want to hire someone to handle all the details and paperwork, you can hire a divorce lawyer to prepare and file your paperwork. Learn more about finding a divorce lawyer.