December 8, 2007

Divorce Myths: Divorce always takes a long time.

Some divorces do take many months, or over a year, but this is a result of the process and conflicts and not mandated by the divorce statutes. The length of your case usually depends on how your case resolves. Many counties in Oregon have policies about how long a case may take (for example, some counties say 90% of cases should resolve within 9 months.) Cases that resolve by a trial may take 9 months, or potentially longer. Cases that resolve by default take less time than cases that are litigated. For cases that end in a default judgment, there is a 90 day waiting period from the date of service until the court can enter a final judgment. (ORS 107.065) However, if the parties agree, or “stipulate” to a divorce, the court can and usually does waive the 90 day waiting period, meaning there is NO waiting period. If you don’t have kids, and you live in a county where the court will sign a divorce judgment on the spot, a same day divorce is possible (maybe not desirable, but possible.) Many people express suprise (hence the myth) when they learn a same day divorce is possible. In the right circumstances, (remarriage, relocation, etc.) a same day divorce may be worth pursuing.