Salem Divorce & Family Law Attorneys

How Do I File for Divorce?

Filing for divorce begins with submitting a Petition for Dissolution of Marriage to the circuit court in the county where you or your spouse resides, along with the required filing fee or a request for a fee waiver if eligible. After the petition is filed, it must be formally served on your spouse so they are legally notified of the case.

Before you can file, at least one spouse must have lived in the state for a minimum of six months. Once the case is initiated, additional steps often involve financial disclosures, negotiations over property and debt, and potential agreements regarding custody, parenting time, and support.

Our family lawyers can assist with navigating each stage of your case, including coordinating service of process and filing the required paperwork correctly to avoid common pitfalls and delays. We also represent clients in negotiations and court proceedings when agreements cannot be reached.

How Is Property Divided in an Oregon Divorce? 

Oregon is an equitable distribution state, meaning family courts aim to divide property equitably in a divorce. This applies to all property acquired during the marriage, even if only one spouse’s name is listed on the title or account. 

However, what is equitable is not always equal. The court may evaluate a range of factors to determine an equitable division, such as:

• The length of the marriage. Longer marriages may involve more intertwined finances, which can affect how assets and debts are allocated. 
• Each spouse’s financial contributions. This includes both financial and non-monetary contributions, such as caregiving or supporting the household. 
• Future financial circumstances. Courts may consider each spouse’s ability to maintain financial stability after the divorce. 
• Earning capacity of each spouse. Differences in education, work history, and future income potential may be relevant. 
• Custody and parenting arrangements. The parent with primary caregiving responsibilities may have different financial needs moving forward. 
• Health and age of each spouse. These factors can impact employability and long-term financial outlook. 
• Debts and financial obligations. Marital debts are also divided, including loans, credit cards, and other liabilities. 

Our attorneys work closely with clients and financial experts as needed to identify and value assets, analyze financial records, obtain accurate valuations, and advocate for a fair division of property that reflects the realities of post-divorce life.

Does Oregon Law Recognize Common-Law Marriages?

Currently, couples cannot create a common-law marriage in the state. However, if a couple established a valid common-law marriage in another state that recognizes the union, Oregon will generally honor that marriage.

Marital status can become vital during divorce, property division, or support disputes. We can evaluate your relationship history to determine whether a marriage is legally recognized and explain how that status may affect family law proceedings.

Is Same-Sex Marriage Legal in Oregon? 

Yes. Same-sex marriage is legal, and married same-sex couples have the same legal rights and responsibilities as any other married couple under state law. Domestic partnerships are also available for qualifying couples of any sex, which offer many of the same state-level protections as marriage. 

However, differences remain in how federal law applies. The state constitution still defines “marriage” as a union between a man and a woman, although this outdated language was superseded by the 2014 court ruling in Geiger v. Kitzhaber and the 2015 Supreme Court decision in Obergefell v. Hodges. 

LGBTQ+ couples still face ongoing hardships and legal hurdles in family court. Our attorneys are familiar with these challenges and judicial biases to help same-sex couples understand their legal options while safeguarding their rights at every turn. 

How Long Does It Take to Finalize a Divorce?

The timeframe for finalizing a divorce depends on the type of dissolution, the complexity of the issues, and the level of cooperation between parties. Uncontested divorce can be finalized within weeks or months, while contested and litigated divorces can take a year or longer to resolve. 

Delays can occur when financial disclosures are incomplete, negotiations stall, or court schedules extend the timeline for hearings and rulings. Our lawyers work to streamline cases when possible by coordinating with opposing parties and preparing accurate filings from the outset. 

How Can I File for Legal Separation?

Filing for legal separation is similar to filing for divorce. The petitioner must file a Petition for Legal Separation with the circuit court and address similar issues, such as property division, child custody, parenting time, and support. 

Unlike divorce, legal separation doesn’t end the marriage. Couples remain legally married, but live separately under court-ordered terms that define financial and parenting responsibilities. We can help you find a legal path that aligns with your situation and goals. 

Our Strategic Approach to Family Law Matters

Complimentary Case Evaluation

We offer free consultations to discuss your situation, explain your rights and legal options, and help you move forward with clarity. 

Honest Counsel & Straightforward Communication

We provide candid advice, give every case personalized attention, and keep you updated throughout the legal process with timely, proactive communication.

Protecting Your Rights During Negotiation or Mediation

Whether it’s an amicable uncontested divorce or contentious litigation, we are fully prepared to represent your best interests at each stage of the proceedings.

Trial-Ready Representation

While we strive to save families time, money, and stress in the courtroom when possible, we are always prepared to litigate cases if necessary to secure a fair outcome.

Ongoing Support for Families

Custody, parenting time, child support, and other familial matters tend to evolve over time. Our firm is here to grow with you and protect your rights in every season of life.