Fillable Printable Dissolution (Divorce) Co-Petitioners, Cases without Children - Oregon

Dissolution (Divorce) Co-Petitioners, Cases without Children - Oregon

INSTRUCTIONS - Page 1 of 3

9B-Co-Petitioners: Instructions9BVer07.doc (8/12)

Filing For Dissolution (Divorce) Co-Petitioners,

Cases without Children

Instructions for Packet 9B

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.

The instructions may refer to some forms not included in this packet. If you have a question about a form you

cannot locate, you should consult your local court which may have the form available.

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

refer to the “Local Family Law Practices and Programs” form for your court, attached to these instructions. If it is not

attached, consult your local court directly. Information about how to contact your local court may be found at the

Oregon Judicial Department website: http://www.courts.oregon.gov.

This set of forms and instructions will allow you to file for and obtain a divorce where both parties are in

agreement on all issues.

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

Steps and Forms Page (Instructions)

1. Starting your Divorce 2

Co-Petitioners’ Acknowledgment about Dissolution (Divorce)

Co-Petition for Dissolution of Marriage [Without Children]

Notice of Statutory Restraining Order Preventing Dissipation of Assets

Confidential Information Form (CIF)

Notice of CIF Filing

Record of Dissolution of Marriage (Vital Statistics Form; Available from your local court)

2. Finalizing Your Divorce 3

Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and

Order

Co-Petitioner’s Affidavit in Support of Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of

Hearing

Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution

Stipulated Judgment of Dissolution of Marriage [Without Children]

When filling out the forms, follow these directions:

• You and your spouse are the named “Co-Petitioner” on all court forms. Use full names (first, middle or middle

initial, last) and print the names the same on all forms.

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

originals.

• Some forms must be notarized or signed in the presence of a court clerk. You will need your picture ID for this.

Many banks provide notary services.

• Many forms say on the bottom, “I certify that this is a true copy,” and provide a place to sign.

Don’t sign this line on the original form or on your own copy. You need to sign this line only on the copies that are

given to your spouse.

• Make yourself and your spouse a copy of any document you are filing with the court. File the original with the

court clerk.

INSTRUCTIONS - Page 2 of 3

9B-Co-Petitioners: Instructions9BVer07.doc (8/12)

•

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.

TEP

TARTING

OUR

IVORCE

Legal Issues to Consider.

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.

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 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. Spousal maintenance may be ordered for the support of

one spouse. 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 Co-Petitioners 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 children or the parties are not

prohibited. By filing your co-petition, you agree to be bound by the terms of this order. The order is effective

immediately upon filing of the co-petition. If either co-petitioner violates the order, s/he may be subject to sanctions.

The “Notice of Statutory Restraining Order Preventing the Dissipation of Assets in Domestic Relations Actions” may be

found in this Packet 9B.

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

(www.osbar.org) and read under “Oregon’s Laws” the sections on “Bankruptcy and Credit,” “Real Estate,” and “Taxes.”

If either spouse 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).

Initial Forms to File as Co-Petitioners.

To get the divorce case started, fill out the following forms and file them with the clerk:

• Co-Petitioners’ Acknowledgment about Dissolution (Divorce)

• Co-Petition for Dissolution of Marriage

•

Confidential Information Form (CIF)

•

Notice of CIF Filing

• Record of Dissolution of Marriage (Vital Statistics form; Available from your local court)

Confidential Personal Information.

Please read the Confidential Information Form (CIF) information sheet. Certain personal information required by

your paperwork will be protected from public disclosure.

Make copies.

Make one copy of all of the forms for your and your spouse’s records.

INSTRUCTIONS - Page 3 of 3

9B-Co-Petitioners: Instructions9BVer07.doc (8/12)

Have your documents reviewed.

You may have your documents reviewed by a lawyer or a courthouse facilitator (if your court has one) before you

file. For information about how to find a lawyer, call the Oregon State Bar Lawyer Referral Service (1-800-452-7636).

If you are low income, you may get your documents reviewed for a smaller fee through the Oregon State Bar’s Modest

Means program, or you may call your local Legal Aid office (http://www.oregonlawhelp.org). Contact numbers are

listed in the additional resources section at the end of these instructions, and in the “Local Family Law Practices and

Procedures” for your court attached to these instructions.

File the forms.

File all of the original forms that are listed above with the court clerk. The court clerk will ask you for a filing fee

when you file your papers. Check with your local court to learn the amount of the filing fee. If you feel you can’t afford

to pay the fee, you may ask the court to waive or defer your filing fee. Use Packet #10 of these forms, or check with your

local court to see if they require a different form. This form needs to be filled out and filed with the court. If the fee is

waived, you don’t have to pay the fee. If the fee is deferred, most courts will require that you pay the fee at a later date.

The clerk will give you a number of handouts when you file your papers. The handouts usually include a notice

regarding continuation of health coverage, a copy of ORS 107.089 (documents parties may have to give each other),

notice regarding mediation, family law guidelines and services, and a family law resource list. The clerk will give you

two copies of each handout: one for you and one for your spouse. You aren’t required to give the copy of ORS 107.089

on your spouse, but if you do, both spouses must follow what it says.

TEP

INALIZING

OUR

IVORCE

A divorce is “final” on the date the judgment of dissolution (divorce) is signed by a judge.

Forms to Finalize Your Divorce.

The following forms are required to finalize your divorce:

• Stipulated General Judgment of Dissolution [without Children]; and Money Award

• Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution (Without Children)

•

Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and

Order

•

Co-Petitioner’s Affidavit in Support of Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of

Hearing

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

•

Waiver of Personal Service. After the judgment is signed, if one spouse doesn’t do what it says, the other

spouse may ask the judge to enforce the judgment. The spouse asking for enforcement is required to personally

serve (deliver) the other spouse with notice of this request. If you would like to waive the requirement of personal

service, you may use Form #6D – Waiver of Personal Service or a form required by your court, if different. You are

responsible for making sure you get all papers delivered to the address you list.

The Final Judgment.

The judgment finalizes your divorce and contains all of the issues decided through your agreement. If both spouses

agree on all issues, it may be prepared by either spouse as long as it is reviewed and signed by both spouses. The

information should be the same as your agreement.

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

and file the original with the court. If your case involves child or spousal support, file an extra copy of the proposed

judgment with the court.