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

Notice about these instructions and

forms.

These instructions are not a complete statement of the law. They cover basic procedure for

uncomplicated divorce cases. For legal information, please talk to a lawyer and/or visit your local law

library. Each court has local rules, programs and procedures that may not be explained in these

instructions. The Jackson County Court Family Law Unit can be contacted at 541-776-7171 ext 582 and

the Family Law Resource Center can be contacted at 541-776-7171 ext 129.

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

have minor children. Please read them completely and carefully.

The instructions are broken down into four basic steps. The forms that go with each step are listed

below.

Steps

Page (Instructions)

1. Starting your Divorce

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

107.089) handouts attached.

□ Summons

□ Notice of Statutory Restraining Order Preventing Dissipation of Assets – ATTACH TO

SUMMONS

□ CIF Information Sheet – Information only

□ 2 Confidential Information Forms (CIFs) – one for each party’s information

□ Notice of CIF Filing

□ Acknowledgment about Dissolution (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

. Resolving Your Case

Finalizing Your Divorce

□

Declaration Supporting Judgment of Dissolution

□ General Judgment of Dissolution

□ Possible Attachment: Uniform Support Declaration

When filling out the forms, follow these directions:

•

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

as you complete it to determine if you are ready to meet with the facilitator or open your case.

•

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

Use full names (first, middle or middle initial, last) and print the names the same on all forms.

•

Make an appointment with the Family Law Resource Center by calling 541-776-7171 ext. 129 for

document review, OR follow the packet instructions for making copies and serving the other party.

•

File the original with the court clerk.

•

The clerk will give you a case number when you file your papers. Make sure to put this on all

copies and originals.

•

Keep the court informed of your current address so you get notice of all court dates. You are

not

required to use your residential address on any court form. You may use a contact address

where you regularly check in. If you use a contact address, the court will assume that you will

receive all notices sent to that address. Note: If you fear for your safety, you may be able to

obtain a non-disclosure order. Consult with your local court for instructions as well as the

appropriate forms.

INSTRUCTIONS - Page 2 of 6

1C Dissolution No Children Jackson

6/12/15

Legal Issues to Consider before completing your documents.

A divorce case starts with a “petition” which lists the items you are asking the court to order in the

“Judgment”. The judgment is the document that finalizes your divorce, and contains your rights and

responsibilities. Oregon law provides that a number of issues must be addressed in the judgment. Before

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

You may not know what real or personal property to ask for in the beginning because you are not sure

what property you own either alone or together with the other party. Or you may not know how much

spousal support to ask for in the beginning because you do not know how much the other party earns.

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

you do not know, you may ask that these be made

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

you have time after filing the petition to find out what property you own or how much the other party

earns. HOWEVER:

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

• what you ask for in the Judgment is different from what you asked for in the Petition, the court

may require you to re-serve documents on the other party before it will enter a final judgment.

This is so that the other parent knows what is being asked for in the Judgment is different from what was

in the Petition.

Spousal Support. Oregon law provides for three different categories of spousal support: transitional,

compensatory and spousal maintenance. Transitional support may be ordered for a spouse/partner to get

work related education and training. Compensatory spousal support may be ordered if one party has

significantly contributed to the education, training, vocational skills, career or earning capacity of the other

spouse/partner. Spousal maintenance may be ordered fo

r the support of one spouse/partner. The judge

will consider a number of factors when making the award, and may order more than one type of support.

For more information on what the judge will consider, please refer to ORS 107.105 (to view, visit your

local law library or www.leg.state.or.us/ors).

Property and Debts. – Statutory Restraining Order. Oregon law requires both Petitioner and

Respondent to obey a restraining order preventing either party from dissipating (selling, destroying,

removing, disposing of) real or personal property, making unilateral (without the agreement of the other

party) changes to insurance policies, and making extraordinary expenditures. Expenditures that are

necessary for the safety or welfare of the parties are not prohibited. By filing yo

ur petition, you agree

to be bound by the terms of this order. The order is effective on both the petitioner and the

respondent once the notice has been served on the respondent. If you violate the order, you may be

subject to sanctions. You must attach a copy of the “Notice of Statutory Restraining Order Preventing the

Dissipation of Assets in Domestic Relations Actions” to the Summons and serve it on the Respondent.

For information about these issues, talk to a lawyer and/or go to the Oregon State Bar’s web site

(www.osbar.org), “Public Info” and read under “Legal Information Topics” the sections on “Bankruptcy and

Credit,” “Real Estate,” and “Taxes.” If either spouse/partner has a retirement plan, you should talk to an

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

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

may be filed with the county clerk as provided in ORS 93.740 (to view, visit your local law library or

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

If Both Spouses/partners Already Agree.

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

spouse/partner can file as petitioner, the other spouse/partner can accept service of the petition and not

file a response (if there is no disagreement with what the petitioner requested in the petition) and

judgment will be entered based on what was stated in the petition, or (2) the parties can file as co-

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

court, courthouse facilitator and/or attorney.

If your spouse/partner (the respondent) does not agree with you at first and files a response, then later

decides that what you requested in the petition is okay, he or she can file a Waiver of Further Appearance

and Consent to Entry of Judgment form to avoid having to go through the court process

further. Your

local courthouse facilitator can help you with this process.

INSTRUCTIONS - Page 3 of 6

1C Dissolution No Children Jackson

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STEP 1: STARTING YOUR

ASE

Fill out the forms listed in Step 1: Starting your Divorce.

See the Confidential Information Form (CIF) information sheet about how the CIF protects certain

information from being disclosed to the public.

Have your documents reviewed.

You may have your documents reviewed by a lawyer or a courthouse facilitator. The Jackson County

Family

Law Resource Center (facilitator) may be reached at 541-776-7171 ext. 129 or

Jackson.facilitators@ojd.state.or.us

. For information about how to find a lawyer, call the Oregon State Bar

Lawyer Referral Service at 1-800-452-7636. If you are low income, you might get your documents

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

1-800-452-7636, or you may call your local Legal Aid office at 541-776-7292.

Make copies

Make at least two photocopies of all the documents you filled out, one for your records and another to

serve on the other party. You do not need to serve the other party with the Confidential

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

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

File the forms with the court

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

Service. The court clerk will ask you for a filing fee when you go to file the papers. Please see Jackson

County Court fee schedule at

www.courts.oregon.gov/jackson

for current fees. If you feel you cannot pay

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

fee waiver

or deferral form and file this document with the court too. If the fee is waived, you do not have to pay it. If

the fee is deferred, you will not have to pay the fee now, but you may be required to pay it later. There

are several required handouts in this packet. You will need two copies of each handout. You need to

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

the Other Party” below.)

Serving the other party

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 the Petition, Summons and Notice of Filing CIFs.

If the other party is willing to accept service, s/he must fill out and sign the Acceptance of

Service form and file it with the court. It is not necessary that your spouse/partner agree with what is in

the papers, just that he/she is willing to acknowledge receipt of them.

If the other party will not complete the Acceptance of Service form, YOU CANNOT SERVE

THE PAPERS YOURSELF. You may have service completed by the Sheriff in the county where your

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

years or older, an Oregon resident (or of the state where service is made) and not a party nor an attorney

for a party. Caution should be used before asking a friend or relative to serve the papers if your

spouse/partner might react angrily or violently. A Declaration of Service along with the original summons

must be filed with the court after service has been made.

The best way to serve the other party is to have the person serving the papers hand them directly to the

respondent (personal service). If personal service cannot be done, there are other ways to serve the

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

may ask the Sheriff or a private process server about these other options or consult an attorney.

INSTRUCTIONS - Page 4 of 6

1C Dissolution No Children Jackson

6/12/15

Standard Methods of

Service

Personal Service Delivery of papers directly to the other party

Substitute Service Delivery of papers to a person living at the other party’s home who

is at least 14 years old, PLUS mailing of the documents to the

other party’s home address by first class regular mail

Office Service

Delivery of papers to a person who appears to be in charge at the

other party’s place of employment (who has a business duty to

give the documents to the other party), done during working

hours, PLUS mailing of the document to the home or business

address of the other party by first class regular mail

Service by Mail

(Return Receipt Requested)

Delivery by mailing the documents certified or registered, return-

receipt requested, or by Express mail, PLUS mailing of documents

to home or business address of the other party by first class

regular mail.

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

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

mail the documents. In order to make this request, use Packet 6A-Alternative Form of Service.

STEP 2: WAITING FOR A RESPONSE; TAKING A DEFAULT

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

the date of service. The response must be written, and must be filed with the required filing fee. Your

spouse/partner may ask the court to waive or defer the fee.

If your Spouse/partner is in the Military.

If your spouse/partner is in the active military service of the United States and has not responded to the

petition, you may have to go through some extra steps. The court won’t go further with your case

until

one

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

your spouse/partner has waived his or her rights using the Waiver of Right to Stay of Proceedings form, or

(3) the judge holds a special hearing in your case. You may get a Waiver of Right to Stay of Proceedings

form from the courthouse facilitator or use Form #6G. You may need to talk to an attorney if your

spouse/partner is not willing to sign the waiver.

Check for Response.

Your spouse/partner should mail or deliver a copy of his or her response to you when it is filed with the

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

check with the court clerk to see if one has been filed. If no response has been filed, you may request a

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

you asked for in your petition, with no input from your spouse/partner. If a response has been filed, you

will not be allowed to take a default and you will go straight to step 3.

No Response Filed; Requesting a Default.

To ask the court to enter a default, you must fill out the forms listed in Step 2: Waiting for Response;

Taking Default and file with the court any time after 30 days have expired from the date of service.

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STEP 3: RESOLVING YOUR

ASE

Temporary Orders.

You may ask 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 case is dismissed. For example, either spouse/partner may request an order for spousal

support, an order preventing one or both parties from getting rid of property owned by both

spouses/partners, or an order requiring one spouse/partner to move out of the family home. To make any

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

assistance of an attorney to file these requests or you may use Packet 4 located at

www.courts.oregon.gov/Jackson

in the Family Law Forms section.

In addition, all courts have restraining order forms for cases involving domestic violence. A restraining

order can 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 local court about forms and filing instructions.

Conferences with the Judge.

Many courts will schedule a “status”, “pretrial” or “settlement” conference if a response has been filed.

These meetings usually take place with a judge with both spouses/partners present, along with their

attorneys if they are represented. You must attend any conferences that are scheduled unless you have

received permission from the judge not to attend.

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

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

Working Toward Agreement.

The court wants to help you resolve the issues that you and your spouse/partner disagree on. You may

discuss these issues with your spouse/partner directly if it is safe for you to do so and if no court order

prohibits that contact. You may also discuss them with your spouse’s/partner’s attorney. If you can’t

resolve the issues on your own, the court may provide a number of options to help you, including

mediation and arbitration.

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

with a mediator to resolve the financial issues in your case. You may ask to meet with the mediator alone

if you are uncomfortable meeting with the other parent for any reason. Jackson County 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. The court may also ask the arbitrator to resolve spousal support issues. An arbitrator is a

lawyer appointed by the court who meets with both spouses/partners and their lawyers, if they are

represented, and makes a decision about how the property should be divided. Both spouses/partners are

required to pay for this service unless the court has speci

fically waived or deferred the arbitrator’s fee. If

either spouse/partner disagrees with the arbitrator’s decision, he or she can ask the court for a trial. If a

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

resolution.

STEP 4: FINALIZING YOUR

IVORCE

A divorce is “final” the date the judgment of dissolution (divorce) is signed by a judge. If there are still

items that you don’t agree on, the court will probably set a date for a “final hearing” or trial. Some judges

may want you to attend a “settlement conference” (a meeting between the parties to discuss settlement,

usually led by a different judge than your trial judge) to help you come to agreement.

Forms to Finalize Your Divorce.

Complete the forms listed in Step 4: Finalizing your Divorce.

You may also need to file the following additional form, depending on your circumstances.

•

Uniform Support Declaration. This form is only required if a response was filed, and you and

your spouse/partner do not agree on spousal support.

The Final Judgment.

The judgment finalizes your divorce and contains all of the issues decided in mediation, arbitration,

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

by either spouse/partner as long as it is reviewed and signed by both spouses/partners. If the

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

judgment.

If your spouse/partner didn’t file a response, the information you fill out in the final judgment must be

the same as what you requested in the petition. If your spouse/partner filed a response, the

information must be the same as was decided in mediation, arbitration, hearing or through your

agreement.

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

spouse/partner (unless he or she didn’t file a response), and file the original with the court. If your case

involves spousal support, file an extra copy of the proposed judgment with the court along with

a copy of both Confidential Information Forms (CIFs) that you filed when opening your case.

INSTRUCTIONS - Page 6 of 6

1C Dissolution No Children Jackson 6/12/15

PETITION FOR DISSOLUTION Page 1 of 5

1C Petition Jackson

12/13/12

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF JACKSON

In the Matter of □ the Marriage of: )

)

, )

Case No.

Petitioner,

)

PETITION FOR DISSOLUTION OF MARRIAGE/

REGISTERED DOMESTIC PARTNERSHIP (RDP)

and )

)

, )

Filing Fees 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 have caused the irremediable breakdown of their

marriage/domestic partnership.

3. Statement of Residency.

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

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

Oregon continuously for six 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 currently live in the county where this petition

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

county where □ Petitioner or □ Respondent last resided.

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

pending in this or any other state.

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

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

6. By filing this petition, I acknowledge that I am bound by the terms of the statutory restraining order

prohibiting either party from disposing of marital assets, a copy of which I have received and read, and

understand that this restraining order is effective immediately upon service of this petition and the

summons upon the Respondent.

PETITION FOR DISSOLUTION Page 2 of 5

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 following factors (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 following the date of the judgment and continuing on the

same day of each month thereafter, or

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

thereafter.

□ All payments of spousal support should be made directly into ’s

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

The spouse receiving support 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 upon the death of either party.

8. Life Insurance.

□ Petitioner □ Respondent should buy and 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 any interest in any real property located in this or any other

state.

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

PETITION FOR DISSOLUTION Page 3 of 5

1C Petition Jackson

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This property should 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 property is 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 property they own separately or together, and neither should claim those items 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 any interest 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/her retirement benefits, pension plan, profit-sharing plan,

deferred-compensation plan, and/or stock option plan held by Respondent’s employer, free of any interest 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)

What debt 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 by him/her individually

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

secured by property distributed to that spouse/partner. Also, if any creditor asks the spouse/partner not

responsible for a debt to pay all 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 any monies he/she paid to the creditor after the date of the

judgment.

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12. Transfer of Debts and Property.

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 property ordered by the court. The

judgment should operate to convey title 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 and ORS 107.085.

□ Disclosure of the following information would unreasonably put 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)

Petitioner Respondent

Full Name

Former Legal Name(s)