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- Get an Annulment in Oregon
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- Marital Separation
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- Modify Court Orders
- Parenting Plans mandatory
- Property divided by Divorce
- Relocating your child out of state
- Alimony - Spousal Support
- Visitation with the non-custodial
- Child Support - who pays
- Oregon Divorce Forms
Do It Yourself Divorce
In order to file for a divorce or separation in this state, one must meet the residency requirement of living here for at least 6 months immediately prior to filing. The Petitioner (the one filing) must file the Petition either in the county he or she lives, or in the county the spouse lives in, and submit the papers to the Circuit Court Clerks Office. The Clerks offices are usually located in the county court house. It is not required that you live in separate homes, but in order to file, you must consider yourselves separated.
After submission of the forms, you must serve (notify) your spouse. State law does not permit you to serve your spouse. You must use a process server or your local Sheriff’s office. A fee is charged in either case. Ask the Clerk’s office what your choices are.
Once your spouse is served, s/he must answer the petition. When the couple is in agreement on all matters, the Respondent need not respond to the petition. If the Respondent contests some part of the petition, then s/he must respond within 30 days, detailing what is in dispute and how the Respondent believes the dispute should be settled. There is a 90 waiting period after service, allowing the parties to prepare for a trial. This is also a time for making motions to the court for temporary orders for child support, spousal maintenance, help with paying bills, etc.
If your spouse is incognito and cannot be found, the court will direct substitute service (usually classified ads in the newspaper) in an effort to find the person. If your spouse’s is nowhere to be found, the court will proceed as if the spouse has been found and is unresponsive. When the spouse is located and served, and chooses not to respond, the court will enter a default judgement for the Petitioner. Once the Petitioner has filed all necessary forms, the court will declare you divorced, and thus ends the process.
Mediation is often ordered for couples that have significant disputes or complicated marital assets. The process allows both sides time to assess their future needs and what they want from the pool of marital assets.
At the end of the 90 day waiting period, if there is no settlement, the case proceeds to trial. At this point, in nearly every case, the parties do what they need to do to avoid trial. Meetings are often scheduled where the parties hammer out their differences. If the case goes to trial, each side presents evidence to support its position(s), and at the conclusion, the judge renders a decision.
If agreement is reached before trial, the couple submits a Settlement Agreement. If everything is in order, the judge will sign a Judgment of Dissolution of Marriage form after a mandatory 30 day waiting period, and you are divorced.
A marriage may be dissolved by the Summary Dissolution procedure when all of the following conditions exist at the time the proceeding is commenced:
- The jurisdictional requirements are met
- There are no minor children born to the parties or adopted by the parties during the marriage
- There are no children over age 18 attending school
- The wife is not now pregnant
- The marriage is not more than 10 years in duration
- Neither party has any interest in real property wherever situated
- There are no unpaid obligations in excess of $15,000 incurred by either or both of the parties from the date of the marriage
Sometimes called a short form divorce, a Summary Dissolution is uncomplicated, uncontested and usually involves couples with no children and few if any assets. Specific forms must be filled out for the Summary Judgment.
Automatic restraining order – after a petition for annulment, separation or dissolution is filed and the other party is served, an automatic restraining order goes into effect. The order will restrain both parties from:
- Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties
- Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties
- Transferring, encumbering, concealing or disposing of property in which the other party has an interest
- Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party
- The total aggregate fair market value of personal property assets in which either of the parties has any interest, excluding all encumbrances, is less than $30,000
- The petitioner waives any right to spousal support.
- The petitioner waives any rights to pendente lite orders
- The petitioner knows of no other pending domestic relations suits involving the marriage in this or any other state. [OR Rev Stat § 107.093]
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