steps to filing for divorce

How To Get Divorced In Oregon: Forms & Filing

Goldberg Jones Divorce, Divorce Process, Featured Content Leave a Comment

Filing for divorce sounds like a harrowing, dramatic undertaking. Filing for divorce can be a long, intricate process.

There are hearings, mediation, meetings with attorneys, arbitration, custody disputes, division of property, and more. And then there are the divorce forms to contend with.

Steps To Get Divorced In Oregon

On a basic level, how to file for divorce in Oregon isn’t nearly as complicated as many assume. It is a process to be sure, but the steps are relatively straightforward. Being as prepared as possible will only benefit your case.

It never hurts to familiarize yourself with the stages ahead of time. With that in mind, here’s an overview of the process and a look at the divorce forms you may encounter.

Filling Out The Divorce Forms

Like with any process, there is the moment when it begins. In the case of divorce, that is when one spouse completes and files the Petition for the Dissolution of Marriage. Five pages long, the Petition for the Dissolution of Marriage is where you lay out all the pertinent facts about the case.

Though the underlying reasons for this are likely very complicated, as far as ending your marriage goes, the first step is relatively simple.

On this form, you’ll provide all of the pertinent information for both you and your spouse. This includes:

  • where you live,
  • the date of your marriage,
  • the length of your marriage,
  • and each party’s current living situation.
  • There will be questions about the custody and guardianship of minor children,
  • child support,
  • child custody,
  • and spousal support.
  • Shared assets and debts may also be disclosed at this juncture.

In Oregon, there are two types of dissolution. Which type is appropriate for your case depends on the specifics of your situation and the complexity of your marriage.

Oregon is a no-fault divorce state, so there’s no need or space to assign blame for the end of the marriage.

Two Types Of Dissolution

In Oregon, there are two types of dissolution. Which type is appropriate for your case depends on the specifics of your situation and the complexity of your marriage.

SUMMARY DISSOLUTION

If your situation is relatively simple and straightforward, you may qualify for a summary dissolution. This allows you to end your marriage without the cost and hold up inherent in court hearings.

Summary dissolution may be an option if:

    • you’ve been married less than ten years,
    • there are no minor children,
    • or adult kids still in high school,
    • there is little or no shared property to divide,
    • the total personal property is worth less than $30,000,
    • your total joint debt is less than $15,000,
    • and you both give up claims to spousal support.

If you meet these conditions, you may qualify for a summary dissolution, and there are a number of forms to fill out. This includes:

Petition for Summary Dissolution of Marriage/Domestic Partnership
Summons for Summary Dissolution
Declaration Acceptance of Service
Record of Dissolution of Marriage

STANDARD DIVORCE

If your case does not meet the requirements for summary dissolution, you will have to follow a more traditional path and file for a dissolution of marriage. What you need to file will vary some depending on the circumstances.

Couples without children need to fill out the following forms:

Acknowledgment About Dissolution
Petition for the Dissolution of Marriage
Petitioner’s Affidavit Supporting Judgment of Dissolution
Affidavit/Acceptance of Service
Record of Dissolution of Marriage

Things are different when children are involved in the process. Child custody disputes can become heated and contentious, and the divorce forms vary as well.

If there are minor children in play, in addition to the standard divorce forms, you will need to fill out others that layout child support payments, child custody, visitation, and more.

Co-Petition Dissolution With Children

File The Forms

In order to file for divorce in Oregon, you must meet the state’s residency requirement, which means you must live within its borders for a minimum of six months.

If you married in the state and one spouse still lives there, you can also file for divorce in Oregon. However, the petitioning spouse must submit a certificate of residency confirming one of you still lives there.

When it comes to which county to submit to, you have two choices.

You can file for divorce in the county in which you reside, or you can opt for the county where your spouse lives if they’re different. There’s no need to file in the county where you initially married.

There is currently a $273 fee attached to file for divorce.

Related ReadingJurisdiction And Divorce: Where You File Matters

Serve Your Spouse

Once the appropriate divorce forms are filed in the appropriate court, the next step is to serve your spouse and make your intentions known. In most cases, this is accomplished by hiring an outside process server. However, if you’ve enlisted a divorce attorney, he or she can handle this step. In uncontested divorces, your spouse only needs to sign the Acceptance of Service to acknowledge delivery.

The non-filing spouse signs the Acceptance of Service form. This states that the papers were received. After service, it’s the responsibility of the petitioner to submit the signed acceptance to the court. The case can’t move forward until your spouse has all the paperwork in hand.

Just like there is the Petition for the Dissolution of Marriage, there is also a Response to the Petition for the Dissolution of Marriage. If the person served—also known as the respondent—doesn’t agree with all of the requests on the Petition, that individual then files a response. This document lists all of the objections and any counter requests

Financial Disclosures

In Oregon, the courts require both parties to hand over complete financial disclosures. This means each must provide a comprehensive list of all assets, as well as all debts. Failure to follow these rules may result in substantial fines and other monetary penalties.

When it comes to the division of property, Oregon is an equitable distribution state. Where community property states view all assets and debts accumulated during a marriage as the equal property of both spouses, equitable distribution considers it as belonging to one or the other.

Related Reading: How Is Debt Divided In Divorce?

No specific formula for divvying up property exists, but the court does its best to split any shared assets or obligations in a fair and equitable fashion.

Sign And File Documents

By this point, you’ve actually accomplished filing for divorce, which is really just the start. Now you have to go through the divorce process.

In the case of uncontested divorces, things can and often do progress smoothly. Under ideal circumstances, when both sides agree on the issues, it may involve nothing more than signing and filing a handful of forms.

And signing and filing the final documents is precisely what it sounds like. There are forms to fill out regarding the division of property, child custody, child support, spousal support, visitation, and whatever other specifics your case involves.

Once both sides reach a final agreement, the court examines the paperwork. If everything is in order, the judge signs off and your divorce becomes official.

In the case of contested divorces, that’s where things become more difficult. As friction increases, so do the complications. You may have to sit down and go through mediation or arbitration to reach an agreement. And if neither of those strategies works, you may be destined to go to trial and the court will decide for you.

All of these additional hurdles add time, stress, and money to the divorce process. Especially if things get heated and contentious, you may want to retain counsel. An experienced divorce attorney guides you through the legal system towards an optimal outcome.

Finalizing The Documents

As they lay out the concrete terms of your split, these finalizing documents are some of the most vital divorce forms. At the top of this list is the General Judgement of Dissolution. Why is this so important? This is the big boss, end-all, be-all of your divorce forms.

Here is where all of the terms and agreements are spelled out in explicit detail. Child custody, child support, spousal support, debt division, and all the other issues you’ve fought about through the process.

A judge signs the General Judgement and you and your spouse are legally bound. Because of that, it’s critical to make sure this document is prepared correctly, everything agreed upon appears in writing, and that there are no errors.

Troubleshooting the Divorce Forms

  • Make sure that you have the most current versions of the appropriate divorce forms.
  • Fill them all out clearly and completely — take your time, use your best penmanship.
  • Sign the divorce forms in the appropriate places.
  • Double-check that they are complete and be sure to keep copies for your own personal records.

All of these additional hurdles add time, stress, and money to the divorce process. Especially if things get heated and contentious, you may want to retain counsel. An experienced divorce attorney guides you through the legal system towards an optimal outcome.

Related ReadingJurisdiction And Divorce: Where You File Matters
Related Reading9 Common Mediation Questions Answered
Related ReadingHow Is A Business Divided In A Divorce?
Related ReadingDivorce or Legal Seperation: Similarities and Differences

Leave a Reply

Your email address will not be published. Required fields are marked *