Divorce Attorney Portland
If you are facing an Oregon divorce, we can help. Portland divorce cases can be very emotional and sometimes overwhelming because they frequently involve personal and intimate issues. Aside from the significant emotional component, Portland divorce cases are often complex as well due to the need to divide assets and debts. A dedicated Portland divorce attorney can be very helpful in advising you of all of your legal options and advocating for your rights.
Experienced Portland Divorce Attorneys
We’ve been handling Portland, Oregon divorce cases for over 18 years, so you know you’ll be in good hands. We offer initial consultations at a reasonable cost to provide prospective clients with an overview of Oregon’s divorce process, to explain the services we offer, and to see if we’re a good fit for your case.
Attorneys Brandi Becker and Michael Romano have both been practicing law since 2006. We are members of the Oregon Criminal Defense Lawyers Association, Oregon State Bar Family Law Section, Multnomah Bar Association, and Oregon Trial Lawyers Association. We regularly attend seminars/webinars such as those put on by the American Bar Association (ABA) Family Law Section, the Association of Family and Conciliation Courts (AFCC), and the American Academy of Matrimonial Lawyers (AAML).
Both Ms. Becker and Mr. Romano have extensive experience in the areas of child custody, parenting time, child support, parent-child relocation, spousal support, property division, debt allocation, contempt actions, pendente lite hearings, depositions, mediation, arbitration, trials, contempt actions, prenuptial agreements, and restraining order hearings.
Portland Divorce Matters We Excel At
- Legal Separation
- Uncontested Divorce
- Contested Divorce
- Mediated Divorce
- Post Judgment Matters (such as modifications of custody, parenting time, child support, and spousal support)
- High Asset Divorces
- Complex Divorces
- Out-Of-Court Settlements
Our Portland, OR Divorce Attorney Law Office Near You
We’ve found that many clients have enjoyed the convenience of video conferencing with our team from their phone, tablet, or computer. However, for clients who prefer in-person meetings – or for clients who need to bring paperwork to us – our office is conveniently located in Cedar Hills, right off Highway 26 (aka “Sunset Highway”).
We are located at:
Romano Law, PC
13765 NW Cornell Rd # 250
Portland, OR 97229
503-208-5529
Open 24 Hours
What to Expect At A Portland Divorce Consultation
In an Oregon divorce consultation, you can expect to discuss the key aspects of your case with our divorce attorneys, who will provide an overview of the divorce process, your legal rights, and potential outcomes. Our Portland divorce lawyers will ask about your marriage, assets, debts, children (if applicable), and any specific concerns like spousal support or custody arrangements. We may also outline the differences between contested and uncontested divorces, explain Oregon’s equitable distribution laws, and discuss potential timelines and costs. This meeting is an opportunity to ask questions, understand your options, and determine the best course of action for your situation.
Oregon Contested or Uncontested Divorce?
Deciding between a contested or uncontested divorce in Portland depends on your situation and ability to cooperate with your spouse. An uncontested divorce is ideal if both parties agree on key issues like asset division, child custody, and spousal support, making the process faster, less expensive, and less stressful. However, if there are disputes over finances, parenting plans, or other critical matters, a contested divorce may be necessary to protect your rights and interests. Contested cases often require court intervention and legal representation, leading to longer timelines and higher costs. Consulting with a local Portland divorce attorney near you can help you assess your options and determine the best approach for your case.
Portland, Oregon Divorce Statute
Oregon divorce cases are controlled by statute. Chapter 107 of Oregon Revised Statutes (ORS) details the laws concerning both Oregon marriages and divorces.
In order to start a case under ORS 107 to dissolve a marriage (informally and more commonly referred to as a “divorce”), a party must file a petition with the court. The party that starts the action (the first party to file) is called the “Petitioner” and the party that will be required to respond is called the “Respondent.” Many people are familiar with the titles “Plaintiff” and “Defendant” in civil lawsuits. Although dissolution cases go through the court system, they are not really referred to as “lawsuits” because– in divorce cases– one party is not filing a “complaint” against the other party or “suing” the other party, but rather petitioning the court to dissolve a legal entity: the marriage. If the parties are amicable, agreeable, and cooperative, the parties can file an uncontested divorce as co-petitioners.
The Oregon Divorce Process
In Oregon, divorce is based on “irreconcilable differences,” meaning no proof of wrongdoing, such as abuse or infidelity, is required. The Oregon divorce petition includes requests for child custody, parenting time, division of assets and debts, spousal support, and attorney’s fees. It must also list details about any children, existing support orders, and a financial restraining order that takes effect upon filing.
Once served, the respondent has 30 days to file a response, which may include counterclaims. If they fail to respond on time, the petitioner can request a default judgment, though courts often allow late responses. If the couple has children, both parents must attend a mandatory divorce seminar focused on minimizing the impact of divorce on children.
During the process, either party may request temporary court orders (called pendente lite motions) for issues such as child custody, spousal support, and property use while the case is pending. In urgent situations, a party can seek an emergency custody order.
Both sides then enter discovery, exchanging financial records like tax returns, bank statements, and debts to ensure full transparency. This phase may also involve requests for documents and depositions, where a party answers questions under oath.
Most cases attempt to settle outside of court through negotiation, mediation, arbitration, or a pretrial conference. If the couple agrees, they sign a Stipulated General Judgment, which finalizes the divorce and outlines legally binding terms. If no agreement is reached, the case goes to trial, where a judge makes the final decision on all disputed issues.
After the divorce is finalized, both parties must follow through with property transfers, debt payments, insurance changes, and financial separations. If one party fails to comply, a contempt action or post-judgment legal action may be necessary. Whether handling the divorce independently or with a Portland divorce attorney, consulting a lawyer is highly recommended to ensure your rights and responsibilities are fully understood.
What To Allege in an Oregon Divorce Petition
When a party petitions the court for a dissolution of marriage, there are often many related matters that the court must decide, such as:
- Who is the primary caregiver of the children?
- What is in the best interest of the children, and where should they live?
- Can the parents co-parent together, and will they agree to a joint legal custody arrangement?
- Should one parent be granted sole legal custody?
- What sort of parenting plan should be followed? How often should the children spend time with each parent?
- Should the non-custodial/non-residential parent pay child support, and if so, how much?
- Are there any rebuttal factors to increase or reduce child support from the normal award?
- How will the parents pay for health insurance for the children?
- For medical and healthcare expenses not covered by insurance, how will the parents pay for these expenses?
- Should one party pay spousal support to the other, and if so, how much and for how long?
- Under what circumstances should spousal support terminate, be reduced, or be increased?
- How should all of the marital/joint personal property be divided up?
- Did either party bring personal property to the marriage? Did they commingle it with marital property? If so, how should that personal property now be treated?
- Who will get the marital residence? Or can a party refinance it in their name only? Or should it be sold? Who should get the second home or vacation home? Are there any time shares or any other real property acquired during the marriage?
- How will all the bank accounts, investment accounts, retirement accounts, and pension plans be divided up?
- Who is going to pay for what debts?
- Who is going to pay for the cost of the divorce? Who will pay the filing fees, attorney fees, and expert witness fees?
Where To File A Portland Divorce Case
Divorces for parties living in or around the Portland metro area are typically filed in the Multnomah County Circuit Court. You can find the County Courthouse at:
Multnomah County Courthouse
1200 SW 1st Ave
Portland, OR 97204
Why Hire Romano Law, PC For Your Portland Divorce Case?
Hiring Romano Law, PC for your Portland divorce means working with an experienced attorney who understands the complexities of Oregon family law and is committed to protecting your interests. With a strong reputation for strategic negotiation and courtroom advocacy, Michael Romano ensures that clients receive personalized guidance tailored to their unique situations. Whether you’re pursuing an uncontested divorce for a swift resolution or navigating the challenges of a contested case, Michael provides clear legal advice, effective representation, and a results-driven approach. His deep knowledge of Oregon’s divorce laws, combined with a dedication to client-focused service, makes him a trusted choice for those seeking a fair and favorable outcome.
Contact Us for a Free Case Evaluation
If you are searching for an experienced Portland, OR divorce lawyer near you, contact Michael Romano at Romano Law PC for a consultation. Whether you’re in search of a divorce lawyer or Portland divorce attorney or need assistance specific to Oregon’s divorce process, we are here for you. Trust us for personalized support, and call us today for the legal guidance you can rely on.
