2023 Divorce Filing Dates for Oregon
Did you know that if you are divorced by the end of a calendar year, you are divorced for that whole year for tax purposes? For example, if you file your final court paperwork and it is signed by a judge before December 31, 2023, you will be divorced for all of 2023 as far as taxes are concerned. This can sometimes be a good or bad thing, depending on our exact tax situation.
You should check with your own tax professional to see whether it is more beneficial for you to file jointly one more time, or if it is better to be able to file “single” for the 2023 tax year. Depending on that person’s answer, you may want to move more quickly or slow things down in your divorce process.
If you decide that filing as a married couple for 2023 is beneficial, you do not have to let that put a halt to the whole divorce; you just do not want to file your final paperwork yet. What this means is that you could still initiate the case this year. You could also come up with a Marital Settlement Agreement or some other contract between the spouses to make sure you have a valid agreement. You just would not file the final document that the judge signs to effectuate this agreement until January, or you could lose the ability to file joint taxes.
If you want to file as “single” on your 2023 tax return, make sure you pay attention to the dates required for your county. For example, each year, Multnomah County comes up with a deadline for filing divorces. If you file it before that date, they promise to get it processed and sent to a judge for signature before the end of the year. If you miss that date, you can still try, but it is hard to say if it will be processed in time, so it is best not to risk it if there is a substantial sum of money on the line.
Keep in mind that this date can vary year-to-year. It is usually the first week or two of December. We will update this page once we have notice of the deadline for 2023.
If you are in Washington County or Clackamas County, you are usually able to file up until the last week of December. We recommend filing before that, though, just in case something in the documents needs to be corrected.
If you wish to work in a collaborative or mediation process, we can help you figure out the filing timeline needed to get you and your spouse set up for success. Please feel free to reach out to one of our professionals to get the process started today.