Divorce: How Long Does It Take and What are My Options?

There is no waiting period for a divorce in Oregon. In some cases, the court may sign a judgment the date is e-filed, in other cases it may be several months from e-filing before it is signed by a Judge.  A divorce in Oregon is final upon signing of a Judgment by the court.  The time it takes to reach agreement on divorce terms varies greatly case by case depending on a number of factors such as the complexity of the disputes and the conflict between the parties. However, while it may have taken months to come to a final agreement, once the legal documents are filed the process is administrative one governed by the speed of the court system. In divorces involving children, spouses are required to complete a parent education course before the court will complete the divorce.

How long a divorce takes depends on each couple and the process that they choose. People are  generally familiar with the traditional litigation process but are less aware of the other process options available to obtain a divorce that are less adversarial. 

When people are considering a divorce, it is helpful to understand all process options available.  

Do-It-Yourself (Kitchen Table) 

It is possible to obtain forms from the court, fill them out, pay the state filing fee, and then file them with the court. Although a lot of divorcing couples do this, it can backfire when they neglect to include significant information. For example, they may fail to properly divide real property, retirement assets, or omit other property interests of significant value or properly address claims for support.  The risk of harm from a kitchen table divorce is greatly reduced if the parties consult with attorneys to make sure due diligence is done and the agreement addresses all legal interests of both parties.  The Do-It-Yourself model is sometimes called the Kitchen Table Divorce because the key points of the divorce are negotiated at the kitchen table. 

Mediation

In Mediation, the parties work together with the assistance of a neutral mediator to reach an agreement on all the issues.  The spouses often individually consult with lawyers during the process regarding strategy to reach a desired outcome or to resolve impasse. Mediation is a cost-efficient resolution for parties with equal bargaining power who are comfortable negotiating directly with the support of a neutral facilitator. The mediator will usually draft the documents for the clients to review with lawyers before the divorce paperwork is signed.  The mediation process moves as quickly as both parties are able to exchange necessary information and reach agreement.  Some mediations may resolve in 30 days and others may last more than one year.  The mediation process may stop and start depending on the emotional readiness of both parties to come to resolution. Mediation is a client driven process that requires the consent and participation of both parties.   

Collaborative Divorce

In a Collaborative Divorce, both spouses and their attorneys meet to resolve the issues together in “four way” meetings. Neutral professionals, such as mental health professionals, may serve as divorce coaches or child specialists, financial experts and/or other professionals may assist the parties as a collaborative team to help make decisions that are best for their family.

The process is one where the couple works together with the help of their Collaborative Team to resolve the issues of the divorce.  The couple themselves have control over decision-making instead of a third-party judge who does not know the family.

This is a more humane process than litigation and works well for those who need the support of an attorney when negotiating with a spouse, but also want to maintain a relationship going forward, perhaps for co-parenting, or to maintain a business, or professional relationship.  One of the benefits of the Collaborative Divorce process is that unlike the public court process it is private and confidential and there is more control over personal information that becomes part of the public record.  It also allows more dignity for people to make well informed decisions with the support of resources tailored to their specific needs.     

Traditional Litigation

Not every divorcing couple is a candidate for Mediation or the Collaborative Divorce process. The is particularly true when spouses seek to misuse the process for personal gain.  There are safeguards in both Mediation and Collaborative Divorce but when there is an inequity of bargaining power, or one person has more information or skill than the other and there is a lack of transparency or bad faith, resolution by these methods may not be available.   

The Litigated Divorce is a public process and most documents filed  with the court are available to the public. Litigation is typically an expensive and drawn-out process.  It is also the most destructive process because the parties are pitted against each other to see who “wins.”  Final decisions are ultimately made by the judge whose decisions often leave both parties unhappy. 

Even in traditional cases, litigation is typically viewed as an option of the last resort.  Most traditional divorces in the litigation model are settlement oriented and resolve with the assistance and support of attorneys.  These arms-length negotiations between the lawyers exchanging letters and documents back and forth can lead to confusion, misunderstanding and leave the parties unhappy.  

A positive outcome of Mediation and Collaborative Divorce is that there is less opportunity for misunderstanding because clients are communicating directly with each other in the same room.  Another difference with Mediation and Collaborative divorce versus the Litigation process is the divorce process moves forward is resolved in a time frame that fits the needs of the clients, as opposed to being dictated by the courts.

Mediation and Collaborative Divorce can be expensive and high conflict.  There is no external court oversight or timelines placed on these processes and they move as quickly as the slowest moving part.  This can be frustrating for clients who desire efficient and timely outcomes.  The court process often has the same barriers as there are delays and extensions and the court timeline dictates the resolution of the divorce.  It is important when considering the different divorce process options to understand and consider the options and what best meets the needs of your family.