Trusted Divorce Attorneys in Portland, Oregon

Filing for a Divorce in Oregon

With over 50 Years of Combined Experience, we are known in the local community for being fierce advocates!

A divorce is where one or both parties in the marriage wish to separate and dissolve the marital relationship. To request a divorce in Oregon, you must be married legally, you or your spouse live here, and at least one spouse believes there are irreconcilable differences.

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Types of Divorce

Divorce without Children

Divorce is the ending of your marriage. Our divorce attorneys in Portland, Oregon, can get you through the process. A divorce includes the division of your assets, debts, and potential spousal support (aka alimony or maintenance). Your divorce may be agreed or contested – we can help with either. Our attorneys are masters of strategizing, counseling, giving legal advice, negotiating, explaining difficult concepts, drafting legal documents, and litigating. We are here to assist you with whatever is thrown your way during your divorce – simple or complex.

Divorce with Children

While much of the information provided for divorce without children remains applicable, divorce cases involving children introduce additional complexities. If you are divorcing with children, you will have to come up with a plan to co-parent and share time with the children. Our attorneys can help you craft a plan that is unique to your family’s needs while also being strategic in the short-term and long-term. We are here to help with anything from navigating court documents, calculations for a Child Support Order, to assisting in situations where you may want to limit the contact of the other parent, and everything in between – our Portland divorce attorneys are here for you!

Agreed Divorce

In an agreed divorce, both parties are amicable and agree on all terms of the divorce, such as property division/sharing. Our experienced Portland lawyers are collaborative, cooperative, and help amicable couples smoothly move through the divorce process with their agreement intact.

Mediated Divorce

In a mediated divorce, parties seek resolution through mediation outside of Court. A mediator assists the parties with reaching a resolution on all aspects of the divorce. Once a final agreement is achieved, an attorney typically assists in drafting the necessary pleadings to complete the divorce.

Contested Divorce

In a contested divorce, one or both parties disagree with the divorce and/or have an issue with the divorce process or what is being requested. Contested divorces often end up in Court, which is called litigation. We are skilled in the courtroom and will be there to protect you in and out of Court.

Litigated Divorce

A litigated divorce means that your divorce is contested and there is active litigation in Court. Typically, litigation involves hearings and may ultimately proceed to a trial. We can represent you in any form of litigation that happens in your family law matter.

How Can We Help?

Matters that our Divorce Attorneys Specialize in Portland, OR

Spousal Support (Alimony)

Spousal support (alimony) is the term for money that is paid to one spouse from the other spouse for financial support. This can either be temporary or permanent support, depending on the facts and circumstances. Spousal support (alimony) is not guaranteed in family law cases, as it is very case-specific and depends on a variety of factors, including but not limited to length of marriage, financial position of both parties, age/health, lifestyle during the marriage, etc. Our attorneys can help you analyze whether spousal support/alimony applies to your situation, and if so, to what degree.

Child Custody / Parenting Time

Child custody/parenting time refers to the legal right to have time with your child in a family law legal case such as divorce, separation, dependency, guardianship, etc. A parent’s custody rights will have an impact on a variety of things such as day-to-day decision making, health and medical decisions, as well as educational decisions. This applies to parents splitting up who were in a marriage as well as parents who never married. Child custody could also apply to grandparents, close relatives, or family friends if they are granted legal rights to the child. In a case regarding child custody/parenting time, if the parents are unable to agree, the Court will determine whether sole or joint legal custody is awarded, and what the Parenting Plan will be. There are also many other resources within the court system to help parents decide these issues, including mediation and a required parenting class. Navigate attorneys can help you work through this dynamic and complex issue.

Child Support

Child support is the financial responsibility of both parents to support their child. Child support is mandated by law, and it is where one parent pays financial support to the other parent for the care of the child unless an exception applies or a reduction is granted by the Court.  The Court will consider the child’s needs and the parties’ incomes. Child support can also be assessed when non-parents have custody of children. Child support issues come up in a variety of different family law cases mentioned on this page, and our attorneys are skilled with these issues.

CHILD SUPPORT FOR COLLEGE (Adult “Child Attending School”)

Post-secondary support (aka support of an adult “child attending school”) is additional financial support paid by parents for their child to continue their education post high school graduation. The child support statute includes this language and support can last up to the age of twenty-one.

DOMESTIC VIOLENCE RESTRAINING ORDER (FAPA RESTRAINING ORDER)

If there is a domestic violence situation, either in a divorce or other intimate relationship, with or without children, a party can apply for a Domestic Violence Restraining Order under the Family Abuse Prevention Act. A Domestic Violence Restraining Order can be requested with little or no notice to the other party. It is a same-day court order for an urgent domestic violence issue that can restrain the other party from you and/or your children or home.

Temporary Orders

In Oregon, there is no required waiting period until the divorce can be finalized. It is common for parties to want/need temporary orders in place that provide temporary provisions during the time between the initial Petition to start the divorce has been filed and when they are able to get a final judgment submitted to the Court and signed by a judge. Temporary orders address lots of daily issues including but not limited to parenting time, child support, spousal support (aka alimony or maintenance), allocation of household expenses, restraining orders, attorney’s fees, and temporary use and possession of vehicles and personal property. Temporary orders can stay in place until a different order replaces them (usually a final judgment when your case is completed). Sometimes temporary orders are a critical piece in the divorce process and often set the stage for how the rest of the divorce will play out. It is highly recommended that you consult with an experienced family law attorney if you are needing to get temporary orders in place. Navigate Law Group has experienced family law attorneys that will guide you through this process and protect what matters most.

Why Choose Our Divorce Attorneys in Portland, Oregon?

Our family law attorneys have over a combined 50 years worth of experience.  Navigate Law Group is known in the local community for our volunteer work and for being fierce advocates. Our Portland Oregon divorce attorneys have extensive knowledge and experience inside and outside of the courtroom, we can help you navigate every step of the way.

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Great Communication

We take pride in making sure everyone is on the same page, so you can make informed and educated decisions about your legal matters.  

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Knowledgeable

We have knowledgeable and skilled divorce attorneys in Portland who practice in all areas of family law. Whatever your needs are, we can help!
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Strong Advocacy

Our team has a client-centered approach to advocacy and we advocate zealously for the best outcome in our client’s family law matter.

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Reasonable Costs

We have reasonable fees, and work with our clients to provide the scope of legal help they actually need and want.

How To Start A Divorce in Oregon?

If you are going to be filing for divorce in OR, if you plan to do it as a self-represented litigant, there are forms you can download on numerous websites, including the state-wide website https://www.courts.oregon.gov/Pages/default.aspx. There are also numerous county court websites that also provide forms, including Multnomah County, Clackamas County, and Washington County. The basic documents needed to start a divorce are:

  • Petition for Dissolution of Marriage (The form will vary if there are children involved)
  • Summons
  • Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership
  • Confidential Information Form (CIF)
  • Notice of Filing Confidential Information Form (CIF)
  • DCBS Notice Re: Insurance (ORS 107.092)
  • Statutory Restraining Order

Our Divorce Attorneys in Portland Oregon:

Relationships are complicated. Our experienced family law attorneys in our Portland office are here to help if you are experiencing issues in your personal relationships. From drafting a prenuptial agreement to filing for a divorce in Oregon, we help you strategize, protect you and watch out for your best interests. Our family law attorneys focus their practice on these sensitive and dynamic issues to ensure you have the best representation and advice.

Amber M. Rushbanks (Rush)

Amber M. Rushbanks (Rush)

Attorney/Co-Owner

​Family Law

Anna K. Russo

Anna K. Russo

Senior Attorney

​Family Law 

Cathy S. Tappel

Cathy S. Tappel

Of Counsel Attorney

Anna Vujovic

Anna Vujovic

Senior Attorney

Frequently Asked Questions

Filing for Divorce Is Stressful. Our Divorce Attorneys in Portland, OR, Are Here to Help!

Does it matter if my spouse cheated on me?
It is always difficult when a spouse cheats on you, but unfortunately Oregon is a no-fault state. This means that it legally does not matter if your partner cheats on you. However, if your partner is using marital funds to perpetuate another relationship, that would be something to discuss with an attorney.
Is it illegal to cheat on your spouse in Oregon state?
No, Oregon is a no-fault divorce state, which means that the Court is not going to look behind the reasons for choosing to move forward with a divorce. Neither of the parties will be punished by the Court for cheating on their spouse.
Is Oregon State a 50/50 divorce state?
Oregon state is an “equity state,” not a community property state, but generally, all property and debts acquired during the marriage by the parties, except for gifts or inheritances that are kept separate, are considered marital property that is generally going to be divided fairly equally, unless there is a prenuptial or postnuptial agreement between the parties, which varies this general rule.
How long does divorce take in Oregon state?

The length of time it takes to complete a divorce depends on many factors. If the parties are in agreement on all the issues like separation of assets and debts, spousal and child support, and the parenting plan, then the parties can enter into a Stipulated Judgment which provides for all of those relevant factors. There is no mandatory waiting period between the date the Petition for Dissolution (Divorce) is filed and the date a Stipulated Judgment could be filed. If the parties don’t agree on all issues, the matter must go to mediation or a settlement conference before reaching the trial date, which takes time and depends on the Court’s availability for scheduling a trial. In most cases, the divorce should be resolved within 6 months to 1.5 years.

If I'm not married do I have any rights to our stuff?
Possibly. This issue is complex. If you own property that is jointly titled, you have a legal interest in it. If you and your intimate partner have kept your property separate, you probably don’t have a right to property in their name unless you have a written contract. It is wise to meet with an attorney to discuss these issues because of the complexities.
Can I get sole custody of my child?
In Oregon, a judge cannot order joint legal custody unless both agree to it, so a judge only has the authority to award sole custody if the parents are not in agreement. Generally, if the parents don’t agree to joint custody, the parent most likely to be awarded “sole custody” will be the primary parent, the parent who has been the most involved in raising the children, has spent the most time with the children, and has been the parent to coordinate things such as such as healthcare, daycare, the child’s daily schedule. If the parents share in the tasks of parenting on a fairly equal basis and aren’t willing to agree to joint legal custody, this can be a major issue in dispute.  
How is child support calculated in OR state?

Child support is calculated under the Oregon Child Support Guidelines, which are available online and can be used easily to determine an approximate level of child support the Court would likely order. Each of the parties’ gross monthly income, number of children, daycare expenses, health insurance expenses, and number of overnights each of the parties have throughout the year are used in the formula to calculate child support.

If I am not the primary parent, do I still have rights to my child's health and school information?

Generally both parents have a statutory right to health and school information, as well as other statutory rights listed in ORS 107.154.

How much does it cost to file for divorce in OR?
Currently it is $301 to file either the Petition for Dissolution (Divorce) or the Response to the Petition in all counties in Oregon. If the filing fee is a hardship, you can apply for a deferral or waiver of the fees when you file your case by completing additional forms which require review and approval by the Court.
Does it matter who files the divorce first in OR?
Legally, it generally doesn’t matter who files first in Oregon, although there might be emotional or tactical reasons to do so, or possibly parenting concerns that affect whether to file first or not.
How long after divorce can you remarry in Oregon state?
You can remarry in Oregon at any time after you are divorced. There is no minimum waiting period. 

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