Outline
When navigating the complexities of divorce in Oregon, the Divorce Papers Oregon form serves as a crucial tool for couples seeking a mutually agreed-upon dissolution of marriage. This set of forms is specifically designed for cases where both parties, referred to as "Co-Petitioners," are in agreement on all significant issues. The process is organized into three main steps: starting your divorce, waiting for the mandated 90-day period, and finalizing the divorce. Each step requires specific forms, such as the Co-Petition for Dissolution of Marriage, which outlines the terms both parties wish to include in the final judgment. For those with children, additional documentation, including a parenting plan and child support worksheets, is necessary to ensure the well-being of minors involved. It is important to note that while these instructions provide a basic framework, they do not encompass all legal nuances. Therefore, consulting a lawyer or accessing local legal resources is advisable for comprehensive guidance. Understanding the requirements, including notarization of certain documents and the need for confidentiality in sensitive information, is essential for a smooth process. Overall, the Divorce Papers Oregon form aims to facilitate a respectful and efficient resolution to marital dissolution, allowing both parties to move forward with clarity and support.
Sample - Divorce Papers Oregon Form
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Filing For Dissolution (Divorce), Co-Petitioners, Cases with Children
Instructions for Packet 9A
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, visit your local law library and/or refer to the “Additional
Resources” section on the last page of these instructions.
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 three 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 [With Children]
Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments
Notice of Statutory Restraining Order Preventing Dissipation of Assets
Confidential Information Form (CIF)
Notice of CIF Filing
Certificate of Mailing
Record of Dissolution of Marriage (Vital Statistics Form; Available from your local court)
2. Waiting 90 days 4
Co-Petitioners’ Motion for Waiver of 90 Day Waiting Period
Co-Petitioners’ Affidavit in Support of Motion for Waiver of 90 Day Waiting Period
Order Regarding Request for Waiver of 90 Day Waiting Period
3. Finalizing Your Divorce 4
Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and
Order
Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution
Stipulated Judgment of Dissolution of Marriage [With Children]
Attachments: Child Support Worksheet, Uniform Support Declaration, Parenting Plan, Parenting Class
Certificate of Completion
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 copies that are given to
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your spouse or sent with the Certificate of Mailing described below.
• Make yourself and your spouse a copy of any document you are filing with the court. File the original with the court
clerk.
• 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.
STEP 1: STARTING YOUR DIVORCE
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.
Parenting Plan. A parenting plan is required for cases involving a minor child. The plan sets out the schedule and
rules for each parent’s time with the child. The parenting plan may include safety provisions for the child if domestic
violence, substance abuse, child abuse or other circumstances are involved in your case.
A mediator can help parents create a parenting plan. Information about parenting plans may also be available
through your court’s parent education program, the courthouse facilitator, or your local law library. The Oregon
Judicial Department and the State Family Law Advisory Committee have created a “Basic Parenting Plan Guide
for Parents” with information about how to develop a plan, information about alternative schedules, and ages and
stages of your child[ren] which should be considered in creating a plan. A sample parenting plan form is included
in the Guide. The Guide may be downloaded from the OJD Family Law Website at
http://www.courts.oregon.gov/familylaw. There is also a “Safety Focused Parenting Plan Guide” on this website to
help you develop a parenting plan where there are safety concerns for your children.
Oregon law (ORS 107.159) prevents either parent from moving more than 60 additional miles away from the other
parent without giving him or her and the court notice of the move. You may ask the judge to waive this requirement by
checking the last box in the parenting plan section of the petition.
For information about child custody, you may call Tel-Law (1-800-452-4776) tape 902, or visit www.osbar.org.
Child Support. IMPORTANT! Oregon law requires that the petitioning party submit a CERTIFICATE
stating whether there are any pending child support proceedings or existing child support orders involving the
parties’ child[ren]. To comply with this requirement, fill out and submit the form called “CERTIFICATE re:
PENDING CHILD SUPPORT PROCEEDINGS and/or EXISTING CHILD SUPPORT ORDERS/JUDGMENTS”
in this packet. You will be required to attach certified copies of any pre-existing child support orders (certified
copies may be obtained from the clerk of the issuing court).
In most cases, the court will order child support if the parties have a child and no child support order already exists. The
amount of support, if ordered, will be determined by the Child Support Guidelines
. The Guidelines have worksheets to
help you figure out who should pay support and how much it should be. Support is typically withheld from wages unless
an exception is allowed for direct deposit to the other parent’s checking or savings account, or, if support enforcement
services are being provided to either parent, as an “electronic payment withdrawal (EPW) or electronic funds transfer
(EFT)” to a Department of Justice account. (EPW and EFT are procedures whereby funds are automatically withdrawn
from a checking/savings account as authorized by the account holder.) Information about child support, including the
Guidelines and Worksheets, is on the Internet at:
http://www.dcs.state.or.us/oregon_admin_rules/guidelines.htm
.
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This website also has a Child Support Calculator which may help you to calculate the amount of child support which
should be paid: http://www.dcs.state.or.us/calculator. Your local court facilitator, legal aid office or child support
program may also be able to help you calculate the amount of support.
Cash Medical Support. In addition to cash child support, Oregon law may require the payment of cash medical
support. If neither party has private health insurance for the child(ren) or if the health insurance is to be provided only by
the parent that receives cash child support, the court is required to order cash medical support unless the court finds there
are reasons not to order it. The purpose of cash medical support is to help defray the cost of health insurance and the cost
of uninsured medical expenses. The judge cannot order you or the other party to pay cash medical support if you or the
other party has a dependent child in the household who is eligible to receive public medical assistance or if you or the
other party is eligible for public medical assistance yourselves. A party who makes no more than Oregon minimum wage
cannot be ordered to pay cash medical support
Oregon law requires the court to make sure that payment for the child(ren)’s uninsured medical expenses are
addressed in the judgment. Although you may request that each party share the out-of-pocket medical expenses that
exceed $250.00 per child per year, it may not be appropriate to request both the payment of cash medical support and the
sharing of uninsured medical expenses. That is because one of the purposes of cash medical support is to help pay for the
cost of uninsured medical expenses.
Unmarried and Unemancipated Children at Least 18 and Under 21 Years of Age. Under Oregon law
unmarried unemancipated children who are at least 18 and under 21 years of age are necessary parties to all family law
cases involving support. The Petition
forms that deal with support will have a line to write in the child’s name, including
them in the heading. The Judgment
forms will have a place indicating how the child has been involved in the case, and if
applicable, a place to sign underneath Petitioner and Respondent signatures agreeing to the judgment. As a party to the
case, these children must be legally served with all the required documents. After they are served, children may sign a
Waiver of Further Appearance and Consent to Entry of Judgment
form found in Packet 6J if the child does not choose to
participate further in the case. Also note that on both the Petition form and the Judgment form you must select whether
support stops at age 18 or whether it continues until age 21 if the child continues to attend school.
Insurance. Oregon law requires that the judgment address the issue of health insurance for any minor child
involved in your case, and for payment of uninsured medical expenses. It also must provide for security for the payment
of support, such as life insurance. In the health care coverage section, you must mark any of the options that apply to
your family’s situation. There are two major categories involved in determining health care coverage for the children:
private
, such as insurance available through employment, and public, such as the Oregon Health Plan.
If either you, your spouse/partner, or both of you have private health care coverage available for the children, you
must fill out the “PRIVATE HEALTH CARE COVERAGE IS APPROPRIATE AND AVAILABLE” section. If neither
you nor your spouse/partner have private insurance available for the children, you will fill out the section called: “NO
PRIVATE INSURANCE IS APPROPRIATE OR AVAILABLE.” Regardless of insurance availability, everyone must
complete the section called: “RESPONSIBILITY FOR UNINSURED HEALTH EXPENSES.” It may be appropriate to
equally divide the expenses if no cash medical support is ordered or for the custodial parent to pay most or all of the
uninsured expenses if cash medical support is being paid to that parent.
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
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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 9A.
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
• Certificate Re: Pending Child Support Proceedings and/or Existing Child Support Orders/
Judgments
• Confidential Information Form (CIF)
• Notice of CIF Filing
• Certificate of Mailing (for use if you or your spouse is receiving public assistance)
• Record of Dissolution of Marriage (Vital Statistics form; Available from your local court)
Social Security numbers and other confidential personal information.
There is certain personal information that can only be listed in a Confidential Information Form (CIF) and may
not be listed in any of the other papers you file with the court. See the CIF information sheet that is part of this packet.
Make copies.
Make one copy of all of the forms for your and your spouse’s records.
If either you or your spouse is receiving certain types of public assistance ( Temporary Assistance to Needy Families
or the Oregon Health Plan), you are also required to send a copy of the petition to the Division of Child Support branch
office in your county. The branch office address may be found at http://dcs.state.or.us/office_info/offices.htm or in the
“Local Family Law Practices and Programs” form for your local court. Fill out and file the Certificate of Mailing with
the court after
you have mailed the petition.
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.
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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, family law resource list, and possibly, information about
local parent education classes. 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.
Serving children who are necessary parties
. Because all unmarried, unemancipated children at least 18 and under 21
years of age are necessary parties to the case, they must also be served. These children will also need to be served with
copies of the forms you have filed with the clerk.
Parenting Classes.
Many courts require that parents of minor children go to a parent education class. If your court has this program,
sign up for the class right away. Some courts will not allow you to finalize your divorce until you have completed the
class and filed a certificate of completion with the court.
STEP 2: WAITING 90 DAYS
Oregon law requires a 90 day waiting period between the time your petition was filed and the time the court can
hold a final hearing on your case or sign the final judgment (ORS 107.065). Parties that have agreed to the terms of your
divorce and signed a “stipulated” (agreed to) judgment, may ask the court to waive the 90 day period.
To ask the court to waive the 90 day period, fill out the following forms and file them with the clerk. If you would
like additional instructions about this procedure, see the Instructions in Packet #1F - Request for Waiver of 90 Day
Period.
• Co-Petitioners’ Motion for Waiver of 90 Day Waiting Period
• Co-Petitioners’ Affidavit for Waiver of 90 Day Waiting Period
• Co-Petitioners’ Order for Waiver of 90 Day Waiting Period
S
TEP 3: FINALIZING YOUR DIVORCE
A divorce is “final” on the date the judgment of dissolution is signed by a judge.
Forms to Finalize Your Divorce.
The following forms are required to finalize your divorce:
• Stipulated Judgment of Dissolution (With Children)
• Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution (With Children)
• Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of
Hearing; and Order
You may also need to file the following additional forms, depending on your circumstances.
• Parenting Class Certificate of Completion. If your local court requires parents of minor children to attend a
parent education class, a certificate of completion must be filed with the court unless this requirement has been waived by
order of the court.
• Child Support Worksheets. If child support is ordered in the divorce case, child support worksheets need to be
filled out and attached to the final judgment.
• Parenting Plan. Your parenting plan may be completely included in the final judgment (see page two of the
judgment). If there are additional pages, attach them.
• 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 keep your home address confidential, you may
file this form listing another address for service. You are responsible for making sure you get all papers delivered to the
address you list.
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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.
Form Information
| Fact Name | Details |
|---|---|
| Purpose of the Form | The Divorce Papers Oregon form is designed to facilitate the filing for dissolution of marriage when both parties agree on all issues. |
| Governing Law | Oregon divorce laws are primarily governed by ORS 107.005 to 107.175, which outline the procedures and requirements for divorce. |
| Co-Petitioners | Both spouses act as “Co-Petitioners” on all forms, indicating mutual agreement on the dissolution process. |
| Waiting Period | Oregon law mandates a 90-day waiting period after filing the petition before a final hearing can occur (ORS 107.065). |
| Child Custody | A parenting plan is required for cases involving minor children, detailing custody arrangements and visitation schedules. |
| Child Support Certificate | The petitioning party must submit a certificate regarding any pending child support proceedings or existing orders. |
| Notarization Requirements | Some forms must be notarized or signed in the presence of a court clerk, necessitating a valid photo ID. |
| Confidential Information | Personal information, such as Social Security numbers, must be included only in the Confidential Information Form (CIF). |
| Spousal Support | Oregon law recognizes three types of spousal support: transitional, compensatory, and spousal maintenance, depending on individual circumstances. |
| Local Court Rules | Each court may have specific local rules and procedures that are not detailed in the general instructions, necessitating direct consultation with the local court. |
Detailed Guide for Filling Out Divorce Papers Oregon
Completing the Divorce Papers in Oregon involves several important steps to ensure that everything is properly filed and documented. Following these instructions carefully will help streamline the process and keep it organized. After you fill out the necessary forms, you will need to file them with the court and may have to wait for a specified period before finalizing your divorce.
- Gather the necessary information about yourself and your spouse, including full names, addresses, and Social Security numbers.
- Fill out the following forms:
- Co-Petitioners’ Acknowledgment about Dissolution (Divorce)
- Co-Petition for Dissolution of Marriage
- Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments
- Confidential Information Form (CIF)
- Notice of CIF Filing
- Certificate of Mailing (if applicable)
- Record of Dissolution of Marriage (Vital Statistics Form; available from your local court)
- Make copies of all completed forms for your records and for your spouse.
- File the original forms with the court clerk. Be prepared to pay a filing fee, or request a fee waiver if needed.
- Receive handouts from the court clerk, which may include important notices and guidelines.
- If applicable, serve copies of the filed documents to any necessary parties, including children aged 18 to 21.
- Enroll in any required parenting classes if you have minor children.
- Wait for the mandatory 90-day period before finalizing your divorce. If both parties agree, you may file for a waiver of this waiting period.
- To finalize the divorce, fill out the following forms:
- Stipulated Judgment of Dissolution (With Children)
- Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution (With Children)
- Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and Order
- If required, submit additional documents such as:
- Parenting Class Certificate of Completion
- Child Support Worksheets
- Parenting Plan
- Waiver of Personal Service (if applicable)
Obtain Answers on Divorce Papers Oregon
-
What are the initial steps to file for divorce in Oregon?
To begin the divorce process, both parties must fill out and file several forms with the court clerk. The essential forms include:
- Co-Petitioners’ Acknowledgment about Dissolution (Divorce)
- Co-Petition for Dissolution of Marriage
- Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments
- Confidential Information Form (CIF)
- Notice of CIF Filing
- Record of Dissolution of Marriage (Vital Statistics Form)
Make sure to check with your local court for any specific forms or requirements they may have.
-
How long does the divorce process take in Oregon?
Oregon law mandates a 90-day waiting period from the time you file your petition until the court can finalize the divorce. If both parties agree to the terms, they may request a waiver of this waiting period by submitting the appropriate forms.
-
What if there are children involved?
If minor children are part of the divorce, a parenting plan is required. This plan outlines the custody arrangement and visitation schedule. It may also include provisions for the child's safety if there are concerns about domestic violence or substance abuse.
-
What is the purpose of child support in a divorce?
Child support is intended to ensure that the child's financial needs are met after the divorce. Oregon law requires that a certificate indicating any existing child support orders be submitted with the divorce petition. The court typically determines the amount of support based on guidelines and worksheets provided by the state.
-
What forms are needed to finalize the divorce?
To finalize the divorce, you will need to submit several forms, including:
- Stipulated Judgment of Dissolution (With Children)
- Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution
- Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing
Additional documents may be necessary based on your specific circumstances, such as child support worksheets or a parenting plan.
-
Can I keep my address confidential during the divorce process?
If you have safety concerns, you can use a contact address instead of your residential address on court forms. The court will send all notices to this contact address. In some cases, you may also be eligible for a non-disclosure order.
-
What should I do if I cannot afford the filing fee?
If you are unable to pay the filing fee, you can request a waiver or deferral. This may involve filling out specific forms, which you can obtain from your local court. If approved, you will not have to pay the fee or can defer payment to a later date.
-
What happens if one party does not comply with the divorce judgment?
If one spouse fails to comply with the terms of the divorce judgment, the other spouse can ask the court to enforce the judgment. This may require personal service of notice to the non-compliant spouse, and a waiver of personal service can be filed if confidentiality is needed.
-
Where can I find more information about the divorce process in Oregon?
For further details, you may consult the Oregon Judicial Department website or visit your local law library. Additionally, legal aid organizations and courthouse facilitators can provide assistance and answer questions regarding the divorce process.
Common mistakes
Filling out divorce papers can be a daunting task, and many people make mistakes that can complicate the process. One common error is failing to use full names consistently. When filling out the Divorce Papers Oregon form, both parties must be identified as “Co-Petitioner” using their full names—first, middle (if applicable), and last. Inconsistent naming can lead to confusion and delays in processing your case.
Another mistake often made is neglecting to include the case number on all documents. Once you file your papers, the court clerk assigns a case number. It’s crucial to write this number on every original and copy of the forms. Forgetting to do this could result in important documents being misplaced or not being linked to your case.
People also frequently overlook the requirement for notarization. Certain forms need to be signed in the presence of a notary or a court clerk. This step is essential for ensuring that your documents are legally valid. Bring a picture ID when you go to get your forms notarized. Missing this step could delay your divorce process significantly.
Lastly, many individuals mistakenly sign the certification line on the original form instead of just on the copies. This certification states, “I certify that this is a true copy.” You should only sign this line on the copies that are given to your spouse or sent with the Certificate of Mailing. Signing the original can lead to complications and confusion down the line.
Documents used along the form
When navigating the divorce process in Oregon, several forms and documents may be necessary alongside the Divorce Papers. Each of these documents serves a specific purpose and helps ensure that all legal requirements are met. Understanding these forms can simplify the process and provide clarity as you move forward.
- Co-Petitioners’ Acknowledgment about Dissolution (Divorce): This document confirms that both parties agree to the terms of the divorce and acknowledges their roles as co-petitioners.
- Certificate re: Pending Child Support Proceedings: This certificate provides the court with information regarding any existing or pending child support orders related to the children involved.
- Notice of Statutory Restraining Order: This notice informs both parties of a legal order that prevents either from dissipating assets or making significant changes without mutual consent.
- Confidential Information Form (CIF): This form collects sensitive information, such as Social Security numbers, which must be kept confidential and separate from other court documents.
- Record of Dissolution of Marriage: This vital statistics form is used to officially document the divorce once finalized, ensuring that the marriage is legally dissolved.
- Co-Petitioners’ Motion for Waiver of 90 Day Waiting Period: If both parties agree, this motion requests the court to waive the mandatory waiting period before finalizing the divorce.
- Stipulated Judgment of Dissolution of Marriage: This document outlines the agreed terms of the divorce, including division of property, custody arrangements, and support obligations.
- Parenting Plan: Required in cases involving minor children, this plan details the custody and visitation arrangements, ensuring the best interests of the child are prioritized.
- Child Support Worksheets: These worksheets help calculate the appropriate amount of child support based on Oregon's guidelines, ensuring fair financial support for the children.
Each of these forms plays a crucial role in the divorce process. It is important to carefully complete and file them as required. If you have questions or need assistance, consider consulting with a legal professional who can guide you through the process and ensure that your rights are protected.
Similar forms
- Petition for Divorce: Similar to the Divorce Papers Oregon form, a petition for divorce initiates the divorce process and outlines the terms being requested from the court.
- Separation Agreement: This document details the terms of separation between spouses and can address issues like property division and support, similar to the agreements made in divorce papers.
- Child Custody Agreement: Like the parenting plan in the Divorce Papers Oregon form, this document specifies custody arrangements for minor children.
- Child Support Agreement: This agreement outlines the financial support provided for children, akin to the child support provisions included in the divorce papers.
- Marital Settlement Agreement: This document is used to settle all issues related to the marriage, similar to the comprehensive approach of the Divorce Papers Oregon form.
- Affidavit of Support: This form supports claims made in the divorce papers regarding financial matters, much like the affidavits included in the divorce process.
- Motion for Temporary Orders: This document requests temporary relief during the divorce process, similar to the interim measures addressed in the Divorce Papers Oregon form.
- Notice of Hearing: Just as the divorce papers notify parties of court proceedings, this document serves to inform parties about upcoming hearings related to the divorce.
- Final Judgment of Divorce: This document finalizes the divorce, much like the stipulated judgment outlined in the Divorce Papers Oregon form.
Dos and Don'ts
When filling out the Divorce Papers Oregon form, it is essential to follow certain guidelines to ensure a smooth process. Below is a list of things you should and should not do.
- Do use full names for both parties on all forms. Include first, middle, and last names consistently.
- Do make copies of all documents you file with the court for both your records and your spouse's.
- Do keep the court updated with your current address to receive important notices.
- Do consult with a lawyer if you have questions about the forms or the process.
- Do ensure that any required forms are notarized or signed in the presence of a court clerk when necessary.
- Don't sign the certification line on the original forms; only sign copies provided to your spouse or filed with the court.
- Don't forget to check if your local court has additional requirements or forms that must be included.
- Don't use your residential address if you have safety concerns; a contact address is acceptable.
- Don't ignore the 90-day waiting period unless you have filed a motion to waive it.
- Don't overlook the necessity of serving all necessary parties, including children aged 18 to 21, with the required documents.
Misconceptions
- Misconception 1: The Divorce Papers Oregon form is only for couples with children.
- Misconception 2: You must have an attorney to file divorce papers in Oregon.
- Misconception 3: All forms must be filed at once.
- Misconception 4: The waiting period is optional.
- Misconception 5: You cannot change your mind after filing.
- Misconception 6: Child support is automatically included in all divorce cases.
- Misconception 7: You cannot keep your address confidential during the process.
This form can be used by couples without children as well. It accommodates both situations, allowing for a smooth process regardless of parental status.
While consulting an attorney can be beneficial, it is not mandatory. Individuals can represent themselves and use the provided forms to navigate the process.
Forms can be submitted in stages. You start with the initial forms, and additional documents can be filed as needed throughout the process.
The 90-day waiting period is a legal requirement in Oregon. However, couples who agree on terms can request a waiver of this period.
Once filed, you can still make changes or withdraw your petition. Communication with the court is essential for any adjustments.
Child support must be specifically requested and documented. It is not automatically applied unless there are children involved and support is necessary.
If safety is a concern, you can request a non-disclosure order to keep your address private. This is especially important in sensitive situations.
Key takeaways
Filling out and using the Divorce Papers Oregon form can be a straightforward process if you follow these key takeaways:
- Understand the Purpose: These forms are designed for couples who agree on all issues related to their divorce, making the process smoother.
- Local Court Rules: Each court may have specific rules and procedures. Always check with your local court for any additional requirements.
- Co-Petitioners: Both spouses are considered “Co-Petitioners” on all forms. Use full names consistently across all documents.
- Notarization Requirements: Some forms need notarization. Bring a valid photo ID, and consider visiting a bank for notary services.
- Keep Copies: Make copies of all documents filed with the court. This ensures you and your spouse have a record of everything submitted.
- Address Confidentiality: You can use a contact address instead of your residential address if privacy is a concern. Ensure the court is aware of your current contact information.
- Waiting Period: Oregon law mandates a 90-day waiting period after filing the petition before the divorce can be finalized. Waivers are possible if both parties agree.
- Finalizing the Divorce: A divorce is officially complete when the judge signs the judgment of dissolution. Ensure all necessary forms are submitted for this step.