Fillable Printable Dissolution (Divorce), Cases with No Children - Oregon

Dissolution (Divorce), Cases with No Children - Oregon

INSTRUCTIONS - Page 1 of 6

1C Dissolution No Children Jackson

6/12/15

Filing for Dissolution (Divorce), Cases with No Children

Instructions for Packet 1C

Noticeabouttheseinstructions and

forms.

These instructions are not a complete statementof the law.Theycover basic procedure for

uncomplicated divorce cases. For legalinformation, please talktoa lawyer and/or visit yourlocallaw

library. Each court has local rules, programsand procedures thatmay not be explained in these

instructions. The Jackson County Court FamilyLawUnitcan be contactedat 541-776-7171ext 582 and

the Family LawResource Centercan becontacted at541-776-7171ext 129.

This set of forms and instructions will allow you to file for andobtain a divorce where the parties do not

haveminor children. Pleaseread themcompletelyand carefully.

The instructions are broken downintofour basic steps. The forms thatgo witheach step are listed

below.

Steps

Page (Instructions)

1.Starting your Divorce

□Petition for Dissolution with Continuation of Health Coverage andthe Disclosure (ORS

107.089)handouts attached.

□Summons

□Notice of Statutory RestrainingOrder PreventingDissipation of Assets –ATTACHTO

SUMMONS

□CIF Information Sheet –Information only

□2 ConfidentialInformation Forms (CIFs)– one foreachparty’s information

□Notice of CIF Filing

□Acknowledgment aboutDissolution (Divorce/Separation)

□Record of Dissolution of Marriage/Domestic Partnership(Vital Statistics form)

□Declaration of Service

2. Waiting for a Response;Taking a Default

□Ex Parte Motion and Declaration for Order for Default

□Order for Default

. ResolvingYour Case

Finalizing Your Divorce

□

Declaration Supporting Judgmentof Dissolution

□GeneralJudgment of Dissolution

□Possible Attachment: Uniform Support Declaration

Whenfillingout the forms, follow these directions:

•

Complete ALL forms entirely.Ifa form is in this packet, it is required.Check off each form above

asyou complete it to determine if youare readyto meet with the facilitator or open yourcase.

•

You are thenamed “petitioner” on all court forms and your spouse/partner is the “respondent”.

Use full names (first, middle or middle initial, last)andprint thenames the sameon all forms.

•

Makeanappointment with the Family LawResource Centerby calling 541-776-7171ext. 129for

documentreview,OR follow the packet instructions for making copiesandserving the other party.

•

File the original withthe court clerk.

•

The clerk will giveyou a case number when youfile your papers. Make sure to put this on all

copies andoriginals.

•

Keep the court informedof yourcurrentaddress so you get notice of allcourt dates. You are

not

requiredto use yourresidential address on anycourt form.You mayuse acontact address

whereyou regularly check in. If you use acontact address, the court will assume that you will

receiveall notices sent to thataddress. Note:If youfear for yoursafety,youmay be able to

obtaina non-disclosure order. Consult with your localcourt for instructions aswell asthe

appropriate forms.

INSTRUCTIONS - Page 2 of 6

1C Dissolution No Children Jackson

6/12/15

Legal Issuesto Considerbefore completing your documents.

A divorce casestarts witha “petition” which lists the items you are asking the court to order in the

“Judgment”.Thejudgment is the document thatfinalizes yourdivorce, andcontainsyour rights and

responsibilities. Oregonlaw provides thata number of issues must be addressed inthe judgment. Before

you fill out the petition, you should think about how youwant to handle these issues.

You maynot know what realorpersonalproperty toask for in the beginning because you are notsure

whatproperty you own eitheralone or together with the other party.Or you maynot know how much

spousalsupportto ask for inthebeginning becauseyou do not know how muchthe otherparty earns.

The Petition providesoptions for either indicating a specific amount or distribution of property or, where

you do not know,you mayask thatthese be made

“equitably”(i.e., fairly)or “prior to judgment” so that

you have time afterfiling the petition to find out whatproperty you ownor how much the otherparty

earns. HOWEVER:

• if you do NOT ask for a specific amount or distribution in the Petition, or

• what youask for in the Judgmentis different from whatyou askedfor in the Petition, thecourt

may require you to re-serve documentson theotherparty before it will enter a finaljudgment.

This is so thatthe otherparent knows whatis being asked for inthe Judgmentis different fromwhatwas

inthe Petition.

Spousal Support.Oregon law provides for threedifferent categories of spousalsupport: transitional,

compensatory andspousalmaintenance. Transitional support maybe orderedfor a spouse/partner to get

work related education and training. Compensatory spousalsupport maybe orderedif one party has

significantly contributed to the education,training, vocationalskills, career orearningcapacity of the other

spouse/partner. Spousalmaintenance maybeordered fo

r the support of one spouse/partner. The judge

will consider a number of factors when making the award, andmay order more thanone type of support.

For more information on whatthe judge willconsider, please refer to ORS107.105(to view,visit your

locallawlibrary or www.leg.state.or.us/ors).

PropertyandDebts. – Statutory RestrainingOrder. Oregon lawrequires both Petitioner and

Respondent to obey arestrainingorderpreventingeither party fromdissipating(selling,destroying,

removing, disposing of)realorpersonalproperty,making unilateral(without the agreementof the other

party)changes to insurance policies, and makingextraordinary expenditures. Expenditures thatare

necessaryforthe safety or welfareof the parties are not prohibited.By filingyo

urpetition,you agree

tobeboundbythe termsofthisorder. Theorder is effectiveon boththe petitioner andthe

respondent once the notice hasbeenserved on the respondent. If you violate the order, you maybe

subject to sanctions. You must attach a copyof the“Noticeof Statutory Restraining Order Preventing the

Dissipationof Assets in Domestic Relations Actions” to theSummons and serve it on theRespondent.

For information aboutthese issues, talk toa lawyer and/or go to the Oregon State Bar’s web site

(www.osbar.org),“Public Info” andreadunder“LegalInformation Topics” the sections on“Bankruptcy and

Credit,” “RealEstate,” and “Taxes.” Ifeither spouse/partner hasa retirementplan,you should talk to an

attorney beforefilling out the petition. The attorney can advise you if this packet will work for your

situation. If the parties ownrealestate located in Oregon, a “lis pendens” notice (notice of pending suit)

maybe filed with the county clerk as provided inORS 93.740(to view, visit your locallawlibrary or

www.leg.state.or.us/ors).

If Both Spouses/partners Already Agree.

There are twoways to handle your case if both spouses/partners agree on all issues: (1)one

spouse/partner can file aspetitioner, the other spouse/partner canaccept service of the petition and not

file a response (if there is no disagreementwithwhatthe petitioner requested in the petition) and

judgment will be entered based on whatwas stated in the petition, or (2)the parties canfile asco-

petitioners (see Packet #9B). Forms to file as co-petitioners may also be available throughyourlocal

court, courthouse facilitator and/orattorney.

If yourspouse/partner (the respondent)does not agree withyou at first and files a response,then later

decides thatwhatyou requested inthe petition is okay,he or she can file a WaiverofFurther Appearance

and Consent toEntry of Judgment formto avoid havingto go through the court process

further. Your

localcourthouse facilitator can help you with this process.

INSTRUCTIONS - Page 3 of 6

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STEP1: STARTING YOUR

ASE

Fill out theforms listedinStep1: Startingyour Divorce.

See the Confidential Information Form (CIF) information sheet abouthow the CIF protectscertain

informationfrombeing disclosed to the public.

Haveyour documentsreviewed.

You mayhaveyour documents reviewed by a lawyer or a courthouse facilitator. The Jackson County

Family

LawResource Center (facilitator)maybe reached at 541-776-7171ext. 129 or

Jackson.facilitators@ojd.state.or.us

. For information abouthow to find a lawyer, callthe OregonState Bar

Lawyer ReferralService at 1-800-452-7636.If you are low income, you mightget yourdocuments

reviewed for a smaller fee through the Oregon State Bar’s Modest Means programat

1-800-452-7636, oryoumaycall your local Legal Aidoffice at541-776-7292.

Make copies

Makeat least twophotocopies of all the documents you filled out, one for your records and another to

serve onthe other party.Youdo not needto servetheotherpartywiththe Confidential

Information Sheets (CIFs).If you have an appointment with the Family LawResource Center, copies

will be made for you of the documents required for service.

Filetheformswith thecourt

File the original Step 1 forms withthe court, EXCEPT the Summons and Declaration or Acceptance of

Service. Thecourt clerk will ask you fora filing fee when yougoto file the papers.Please see Jackson

County Court fee schedule at

www.courts.oregon.gov/jackson

for currentfees. If youfeel you cannot pay

this fee, ask the court if you may apply for a fee waiver or fee deferral. You will needto fill out a

fee waiver

or deferralform andfile this document with the court too. Ifthe fee is waived, youdonot have to payit. If

the fee is deferred, youwill not haveto paythefee now,but you may be required to payitlater. There

are severalrequired handouts inthis packet. You will need twocopies of each handout. Youneed to

keep onecopy for yourself and havethe other copy served on the other party.(See the section “Serving

the Other Party” below.)

Servingtheotherparty

You are required to have your spouse/partner served (have papers delivered to) with (a)copies of the

documents given to you by the clerk, including the Statutory Restraining Order described above, and

copies of thePetition, Summons and Notice of Filing CIFs.

Iftheother partyis willingto acceptservice, s/he must fill out and signthe Acceptanceof

Service form and file itwith the court. It is not necessary thatyour spouse/partner agreewithwhatis in

the papers, justthathe/she is willing to acknowledge receipt of them.

If theother partywill not completethe AcceptanceofServiceform, YOU CANNOT SERVE

THE PAPERSYOURSELF. You mayhaveservice completed by the Sheriff in the county where your

spouse/partner lives, by a private process server, or by another individualwho is a competent person 18

years or older, an Oregon resident (or ofthe state where service is made) andnot a party nor an attorney

for a party.Caution shouldbe used before asking a friend or relativeto servethe papers if your

spouse/partner might react angrily or violently.A Declaration of Service along withtheoriginal summons

must befiled with the courtafter service hasbeen made.

The best way to servetheotherpartyis to have the person serving thepapers hand them directly to the

respondent (personalservice). Ifpersonalservice cannot be done, there are other waysto servethe

papers including “substitute service,” “office service,” and “service by mail” — see the Table below.You

mayask the Sheriff or a private process server about these other options or consult anattorney.

INSTRUCTIONS - Page 4 of 6

1C Dissolution No Children Jackson

6/12/15

Standard Methods of

Service

Personal ServiceDelivery of papersdirectly to the other party

SubstituteServiceDelivery of papersto a person living attheotherparty’s home who

is atleast 14yearsold, PLUS mailing of the documents to the

other party’s home address by firstclass regularmail

OfficeService

Delivery of papersto a person who appears to bein charge at the

other party’s place of employment (whohasabusiness duty to

givethe documents to the other party), done during working

hours, PLUS mailing of thedocument tothe home or business

address of the other party by first class regularmail

Serviceby Mail

(Return ReceiptRequested)

Delivery by mailingthe documents certified or registered, return-

receiptrequested, or by Express mail, PLUSmailing of documents

to home orbusiness addressof the other party by first class

regularmail.

If you are not able to haveyour spouse/partner served by any of the methods described above, you may

ask a judge toallow you to use another service method. The judge might allow you to publish, post or

mailthe documents. Inorder tomake this request, use Packet 6A-AlternativeFormof Service.

STEP2: WAITINGFOR A RESPONSE; TAKING A DEFAULT

Oregon lawgives your spouse/partner 30 days to respond to your petition. The time starts running from

the date of service. Theresponse must be written, andmust be filed with the required filingfee. Your

spouse/partner may askthe courttowaiveor defer the fee.

IfyourSpouse/partneris intheMilitary.

If yourspouse/partner is in the activemilitary service of the United States andhas not responded to the

petition, you mayhave to gothrough some extra steps.The court won’t gofurther withyour case

until

one

of the following things has happened: (1) your spouse/partner is no longer in the activemilitary,(2)

your spouse/partner has waived his or her rightsusing the Waiver of Right toStayof Proceedings form, or

(3) the judge holds a specialhearing inyour case. You mayget aWaiverof RighttoStayof Proceedings

form from the courthouse facilitator or use Form #6G. You mayneed to talk to anattorney if your

spouse/partner is not willingto signthe waiver.

CheckforResponse.

Your spouse/partner should mailor deliver a copy of his or her response toyou when itis filed with the

court. If you haven’t received a copyof a response after 30 days (fromthe date of service), you may

check with thecourt clerk tosee if one hasbeen filed. If noresponse hasbeenfiled, youmayrequesta

“default order.” A default means thatyou may ask the court to enter a judgment giving you the items

you asked for in your petition, withno inputfrom your spouse/partner. If a response hasbeen filed, you

will not be allowed to takea default andyou will go straight tostep 3.

No Response Filed;Requestinga Default.

Toask the court to enter a default,you must fillouttheforms listed in Step 2:Waitingfor Response;

Taking Default and file with the court any timeafter 30 days have expired from the dateof service.

INSTRUCTIONS - Page 5 of 6

1C Dissolution No Children Jackson

6/12/15

STEP3: RESOLVING YOUR

ASE

Temporary Orders.

You mayask the court to make temporary orders after the petition is filed. Temporary orders are in effect

once signed by the judge and last until changed by the judge,or until the final judgment is signed by a

judge, or the caseis dismissed. For example, either spouse/partner may request an order forspousal

support, an order preventingoneor bothparties from getting ridof property owned by both

spouses/partners, or anorder requiringone spouse/partner to move out of the family home. Tomakeany

of these requests, you file a “motion” (request)asking the court to do whatyou want. You may need the

assistance of an attorney to file these requests or youmayuse Packet 4 located at

www.courts.oregon.gov/Jackson

intheFamily LawForms section.

In addition, all courts haverestraining order forms for cases involvingdomestic violence. A restraining

ordercan usually be obtained within a day or two of filing if there has been abuse in the last 180 days,

and if there is further danger of abuse. Check with your localcourt aboutforms andfiling instructions.

Conferenceswiththe Judge.

Manycourts willschedule a “status”,“pretrial” or “settlement” conference if a responsehas been filed.

These meetings usually takeplace with ajudge with both spouses/partnerspresent, along withtheir

attorneysif they are represented. Youmustattendany conferences thatare scheduled unless you have

received permission fromthe judge not toattend.

At the conference, the judge will probably talk to you about howthe case is going tobe resolved, may

consider requests for temporary orders and will probably set future court dates.

Working TowardAgreement.

The court wants to help you resolvethe issues thatyouand your spouse/partnerdisagree on. You may

discuss these issues with your spouse/partner directly if itis safefor youto do soand if no court order

prohibits thatcontact. You mayalso discuss them with yourspouse’s/partner’s attorney.If you can’t

resolvetheissues on your own, the court mayprovide anumber of options to help you, including

mediation andarbitration.

Mediation.A mediator is a person trained to help people resolvedisagreements. You may meet

with a mediator to resolvethe financialissues in your case. Youmayask to meet with the mediator alone

if youare uncomfortable meeting with the other parent for any reason. JacksonCounty Court does not

offer financial mediation. You may wish to refer to the yellow pages for private mediation services.

Arbitration. Some courts refer spouses/partners who disagree on how to divide their property to

an arbitrator.Thecourtmayalso ask the arbitrator to resolvespousalsupport issues. An arbitrator is a

lawyer appointed by the court who meets with bothspouses/partners andtheir lawyers, if they are

represented,and makesa decision about howthe property shouldbe divided. Both spouses/partnersare

required to pay for this service unless the court hasspeci

fically waived ordeferred the arbitrator’s fee. If

either spouse/partner disagrees withthe arbitrator’s decision, he or shecan ask thecourt for a trial. If a

trial is not requested, the arbitrator’s decisionisfinalunless both spouses/partners agree on another

resolution.

STEP4: FINALIZING YOUR

IVORCE

A divorce is “final” the date the judgment of dissolution (divorce) is signed by ajudge. Ifthere are still

items thatyoudon’tagree on,the court will probably set a date for a “finalhearing” or trial. Some judges

maywantyoutoattenda “settlement conference” (a meetingbetweenthe parties to discusssettlement,

usually led by a different judge thanyour trialjudge) to help you come toagreement.

Formsto Finalize Your Divorce.

Complete the forms listed inStep4:FinalizingyourDivorce.

You may also need tofile the following additionalform, depending on your circumstances.

•

UniformSupport Declaration.This form is only required if a response wasfiled, and you and

your spouse/partner do not agreeon spousalsupport.

TheFinal Judgment.

The judgment finalizes your divorce andcontains all of the issuesdecided in mediation, arbitration,

hearing, or through your agreement. If both spouses/partners agree on all issues, it maybe prepared

by either spouse/partner as long asit is reviewed and signed by bothspouses/partners. Ifthe

spouses/partners don’t agree on all issues, the judge maydirect one spouse/partner to fill out the

judgment.

If yourspouse/partner didn’t file a response, the information you fill out in thefinaljudgment must be

thesame as what yourequested in the petition. Ifyour spouse/partnerfiled a response,the

informationmust be the same aswasdecided in mediation, arbitration, hearingor through your

agreement.

If you are responsible for filling out and filing the final judgment, makea copy for yourself and one for your

spouse/partner (unless he or she didn’t file a response), andfile the originalwith the court. If yourcase

involvesspousal support, file an extra copyof theproposedjudgmentwiththecourt alongwith

a copyof both Confidential Information Forms(CIFs) that you filedwhenopeningyourcase.

INSTRUCTIONS - Page6 of 6

1C Dissolution No Children Jackson 6/12/15

PETITION FOR DISSOLUTION Page 1 of5

1C Petition Jackson

12/13/12

IN THE CIRCUIT COURT OFTHE STATE OF OREGON

FORTHE COUNTY OF JACKSON

In the Matter of □the Marriage of:)

)

, )

CaseNo.

Petitioner,

)

PETITION FOR DISSOLUTION OF MARRIAGE/

REGISTERED DOMESTIC PARTNERSHIP (RDP)

and )

)

, )

FilingFees at ORS 21.155 (Marriage) and

ORS 21.135 (RDP)

Respondent.

)

CLAIM

□

SUBJECT

□

NOT SUBJECT TO

)

MANDATORY ARBITRATION

1. (Check one:)

 Date of marriage: Place of marriage:

 Date of registration of domestic partnership:

County of registration:

2. Irreconcilable differences between the parties havecaused the irremediable breakdown of their

marriage/domestic partnership.

3. Statement of Residency.

Spouses: One or both of the parties to this case currentlylive in the county in which this petition is

being filed. □Petitioner □Respondent has/have been a resident of and domiciled in the stateof

Oregon continuouslyforsix month s immediately prior to the filing of the Petition for Dissolution of

Marriage.

Domestic Partners: One or both of the parties to this case currentlylivein the countywhere this petition

has been filed, or □neither party currently resides in Oregon but the petition has been filed in the

countywhere □Petitioner or □Respondent lastresided.

4. No other domesticrelations suit or support proceeding involving this marriage/domestic partnership is

pending in this or anyother state.

5. There are no children under the age of 18 to this marriage, OR no child ofthis marriage/partnership is

age 18 to 21 and a “childattending school” as defined in ORS 107.108.

6. Byfiling thispetition,I acknowledge that Iambound bythe termsof the statutoryrestrainingorder

prohibiting eitherpartyfrom disposingof marital assets,a copy of which I havereceived and read, and

understand that thisrestrainingorder iseffectiveimmediately uponserviceof thispetitionand the

summons upon the Respondent.

PETITION FOR DISSOLUTION Page 2 of5

1C Petition Jackson

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7. Spousal Support and Life Insurance.

□No spousal support or life insurance claims are made in this case (skip the rest of paragraph 7).

A. Spousal Support.

Support should be paid by□Petitioner to Respondent □Respondent to Petitioner:

□In the amount of $ per month for the following period of time:

, or

□In the amount of $ by (date), or

□In an amount to be determined before trial or entry of judgment.

List reason(s) support should be paid:

The support shall be called (check one or more): □transitional □compensatory□spousal maintenance

based on consideration of the followingfactors (list):

B. Payments.

The judgment entered in this case should provide that □ Petitioner □ Respondent make spousal

support payments on:

□ The first (or

_) day of the month followingthe date of the judgment and continuingon the

same dayof each month thereafter, or

□ The date Respondent was served with the petition and continuing on the same dayof each month

thereafter.

□All payments of spousal support should be made directlyinto ’s

checking or savings account. A receipt of deposit should be kept bythe paying spouse as proof of payment.

The spouse receivingsupport should provide the paying spouse with current deposit slips and/or bank name,

account name, and account number.

Spousal support payments are taxable to the obligee spouse and deductible to the obligor spouse. All

payments terminate uponthe death of either party.

8. Life Insurance.

□Petitioner □Respondent should buyand maintain life insurance for the benefit of□Husband □

Wife throughout the period of the spousal support obligation, in the amount of $

9. Real Property.

□Neither Petitioner nor Respondent has anyinterest in anyreal propertylocated in this or any other

state.

□Petitioner □Respondent has/have an interest in real propertylocated at the address of:

PETITION FOR DISSOLUTION Page 3 of5

1C Petition Jackson

12/13/12

This propertyshould be distributed: □equitably,or □as follows:

□The legal description of the real property is attached as Exhibit and incorporated in this

petition.

□Distribution of this propertyis not within the jurisdiction of this court.

10. Personal Property (including motor vehicles).

□The Petitioner and Respondent have divided between them all personal effects, household goods, and

other personal propertythey own separatelyor together, and neither should claim thoseitems now in possession

of the other.

The Petitioner should be awarded: □an equitable distribution of the parties’ personal property, or

□ the following personal property:

□The Petitioner should be awarded his/her retirement benefits, pension plan, profit-sharing plan,

deferred-compensation plan, and /or stock option plan held by Petitioner’s employer, free of anyinterest in the

Respondent.

The Respondent should be awarded: □an equitable distribution of the parties’ personal property, or

□the following personal property:

□The Respondent should be awarded his/herretirement benefits, pension plan, profit-sharing plan,

deferred-compensation plan, and/or stock option plan held byRespondent’s employer, free of anyinterest in the

Petitioner.

□Additional page attached; see section labeled “paragraph 10 continued.”

11. Distribution of Debts.

□There are no outstanding debts of this marriage/domestic partnership.

□The debts should be paid as follows:

Name of

Creditor

(who debt is owed

to)

Whatdebt is for

Amount

Who should pay (Petitioner

Respondent)

□ Additional page attached, labeled, “paragraph 11 continued”.

Each spouse/partner should be responsible for the payment of all debts incurred byhim/her individually

since the date of their separation; all debts which are distributed to him/her bythe court; and all debts which are

secured bypropertydistributed to that spouse/partner. Also, if any creditor asks the spouse/partner not

responsible for a debt to payall or a portion of it, and he or she does so, the spouse/partner responsible for that

debt should reimburse the other spouse/partner for anymonies he/she paid to the creditor after the date of the

judgment.

PETITION FOR DISSOLUTION Page 4 of5

1C Petition Jackson

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12. Transfer of Debts andProperty.

Within 30 days of the date of judgment, each party should execute, acknowledge, and deliver whatever

documents are necessary to accomplish the distribution of debts and propertyordered bythe court. The

judgment should operate to conveytitle to the spouse awarded the property if the other spouse fails t o comply

with this requirement.

13. Former Name.

□ ’s former name of should be restored.

14. Information Required by ORS 25.020 andORS 107.085.

□Disclosure of the followinginformation would unreasonablyput to risk the health, safety, or liberty

of □Petitioner □Respondent or child/ren for the

following reasons:

□Otherwise: (Fill out the information in the table below)

PetitionerRespondent

Full Name

Former Legal Name(s)