Hillsboro Divorce & Family Law Attorneys

Hillsboro Law Group PC has helped families in Hillsboro and throughout Washington County, Oregon, since 1973. Our divorce and family law attorneys represent clients in divorce (called "dissolution of marriage" in Oregon), legal separation, child custody and parenting time, child support, spousal support, and property division cases in Washington County Circuit Court, just a few miles from our Hillsboro office.

We know that a divorce or custody case is one of the most personal and stressful experiences a person can go through. We listen first, explain your options in plain language, and give you honest advice about what to expect. Whether your case can be resolved through negotiation or mediation or needs to go to trial, we work to protect your children, your finances, and your future.

How Divorce Works in Oregon

Oregon Residency Requirements

Under ORS 107.075, you can file for divorce in Oregon if you were married in Oregon and either spouse lives here when the case is filed. If you were married somewhere else, at least one spouse must have lived in Oregon for six continuous months before filing. A legal separation only requires that one spouse live in Oregon when the case is filed. Most Hillsboro residents file in Washington County Circuit Court.

Oregon Is a No-Fault Divorce State

You do not need to prove that your spouse did something wrong. Under ORS 107.025, a court may grant a divorce when "irreconcilable differences" have caused the irremediable breakdown of the marriage. Fault generally does not affect how property is divided or whether spousal support is awarded.

The Oregon Divorce Process, Step by Step

1. Petition. One spouse (the petitioner) files a Petition for Dissolution of Marriage. If you and your spouse agree on everything, you can file together as co-petitioners.
2. Service. The other spouse (the respondent) is formally served with the petition and summons and generally has 30 days to file a response.
3. Temporary orders. If needed, the court can enter temporary orders for custody, parenting time, child support, spousal support, or use of the family home while the case is pending.
4. Financial disclosure. Both spouses exchange information about income, assets, debts, and expenses.
5. Mediation and settlement. Many cases settle through negotiation or mediation. Agreements are written into a stipulated judgment.
6. Trial. Issues that cannot be settled are decided by a judge. Oregon divorce cases do not have juries.
7. General judgment. The divorce is final when the judge signs the general judgment of dissolution of marriage.

How Long Does a Divorce Take in Oregon?

The timeline depends mostly on how much you and your spouse agree on. An uncontested divorce, where the spouses agree on all issues, can often be completed in a few months. A contested divorce involving disputes over custody, support, or significant assets can take a year or longer, especially if it goes to trial. We will give you a realistic estimate at your first meeting.

Child Custody and Parenting Time in Oregon

When parents cannot agree on custody, an Oregon judge decides based on the best interests and welfare of the child. Under ORS 107.137, the court considers factors such as:

• The emotional ties between the child and other family members
• Each parent's interest in and attitude toward the child
• The desirability of continuing existing relationships
• Any abuse of one parent by the other
• A preference for the child's primary caregiver, if that parent is fit
• Each parent's willingness and ability to support a close and continuing relationship between the child and the other parent

Oregon law does not favor mothers over fathers. Oregon courts may not order joint legal custody unless both parents agree to it (ORS 107.169). Whatever the custody arrangement, the judgment will include a parenting plan that sets out each parent's parenting time, including holidays, school breaks, and transportation.

In Washington County, parents of children under 17 who are involved in a case concerning custody or parenting time must complete a court-required parent education program. The court also generally requires parents to attend mediation orientation and a mediation session through Washington County Conciliation Services before a custody or parenting time dispute goes to trial. Exceptions can apply in cases involving domestic violence.

Child Support and Spousal Support

Child Support

Oregon calculates child support using the Oregon Child Support Guidelines, which consider both parents' incomes, the parenting time schedule, health insurance, and child care costs. Support generally continues until a child turns 18, and it can continue to age 21 for a "child attending school" who is enrolled at least half time and making satisfactory academic progress (ORS 107.108).

Spousal Support (Alimony)

Oregon recognizes three types of spousal support under ORS 107.105:

• Transitional support helps a spouse get the education or training needed to re-enter the workforce.
• Compensatory support recognizes a spouse's significant contributions to the other spouse's education, training, career, or earning capacity.
• Spousal maintenance provides ongoing support for a set or indefinite period, most often after a longer marriage in which one spouse earns significantly less than the other.

Oregon has no formula for spousal support. The court weighs factors such as the length of the marriage, each spouse's age, health, earning capacity, and work history, and the standard of living during the marriage.

Dividing Property and Debt in an Oregon Divorce

Oregon courts divide marital property and debt in a way that is "just and proper in all the circumstances." Oregon law presumes that both spouses contributed equally to property acquired during the marriage, whether it is titled jointly or in one spouse's name. Property owned before the marriage, or received by gift or inheritance, may be treated differently depending on how it was kept and used. Common issues include the family home, retirement accounts and pensions, businesses, stock options, vehicles, and credit card and mortgage debt.

Uncontested, Summary, and Contested Divorce

Uncontested divorce. If you and your spouse agree on all issues, we can prepare the petition, parenting plan, support calculations, and stipulated judgment so your case moves through the court efficiently.

Summary dissolution. Oregon offers a simplified process for short marriages under ORS 107.485. It is generally available only if the marriage lasted 10 years or less, there are no children of the marriage and neither spouse is pregnant, neither spouse owns real property, personal property is worth less than $30,000, debts since the marriage total no more than $15,000, and the petitioner waives spousal support.

Contested divorce. When you and your spouse disagree about custody, support, or property, we prepare your case for mediation, settlement conferences, and trial in Washington County Circuit Court.

Other Family Law Matters We Handle

In addition to divorce, our Hillsboro family law attorneys help clients with legal separation, dissolution of registered domestic partnerships, paternity and custody cases for unmarried parents, modification and enforcement of existing custody, parenting time, and support orders, prenuptial and cohabitation agreements, grandparents' rights, and Family Abuse Prevention Act (FAPA) restraining orders.

Serving Hillsboro and All of Washington County

Our office is located at 5289 NE Elam Young Pkwy Ste 110 in Hillsboro, a short drive from the Washington County Circuit Court in downtown Hillsboro, where family law cases for the county are heard. We represent clients from Hillsboro, Beaverton, Aloha, Tigard, Tualatin, Forest Grove, Cornelius, Sherwood, North Plains, Banks, and communities throughout Washington County and the Portland metro area.

Getting Started with Our Divorce Lawyers

If you're considering a divorce or have a custody or support issue, you can schedule a consultation through our website or call our Hillsboro office at (503) 648-0707. When you schedule the consult, we will send you a link to our online Family Law Client Questionnaire. During your initial meeting, we'll gather background information, listen to your concerns, explain how we can help, and provide you with a clear summary of billing and projected costs. From there, we'll outline the next steps and work with you to develop a clear plan for moving forward.

Oregon Divorce FAQs

Do I have to live in Oregon to file for divorce here?

If you were married in Oregon, either spouse must live in Oregon when the case is filed. If you were married elsewhere, at least one spouse must have lived in Oregon for six continuous months before filing.

Does Oregon require a reason for divorce?

No. Oregon is a no-fault state. A divorce can be granted based on irreconcilable differences that have caused the irremediable breakdown of the marriage.

Will we have to go to mediation in Washington County?

Parents with a custody or parenting time dispute in Washington County are generally required to attend mediation orientation and a mediation session through Washington County Conciliation Services, and to complete a parent education program. Exceptions can apply in cases involving domestic violence.

How is property divided in an Oregon divorce?

Oregon courts divide property in a way that is just and proper in all the circumstances. Oregon law presumes both spouses contributed equally to property acquired during the marriage, though property brought into the marriage or inherited may be treated differently.

Can we get joint custody in Oregon?

Yes, if both parents agree. An Oregon court cannot order joint custody unless both parents agree to its terms. If they do not agree, the court awards sole custody to one parent based on the child's best interests and sets a parenting time schedule for the other parent.

The information on this page is general information about Oregon law and is not legal advice. Every case is different. Contact an attorney about your specific situation.