Fill and Sign the Dissolution Forms and Instructions for Petitioners for Cases with Children Packet 3 Oregon

Dissolution Forms and Instructions for Petitioners Cases With Children Packet Number 3 Instructions I. General Information: A. Use black ink or type . B. Always file the original forms with the clerk . You should always make yourself an extra copy before you file any form with the clerk. C. Keep the court informed of your current address . It is your responsibility to keep the court informed of your current address. D. You are the petitioner . Since you are starting this divorce case, you are the petitioner and your spouse is the respondent. Make sure you fill in the petitioner and respondent blanks at the top of the forms using your full names (first, middle or middle initial, last). Write the names the same way on all of the forms. E. Case number . The clerk will give you a case number when you file your papers. Don’t worry about filling out this part of the case heading until that time. Make sure you put this number on all your copies and papers you file with the court, and the papers you serve on your spouse. F. Signing the forms . Some of the forms in this packet have to be notarized, or signed in the presence of a court clerk. Either way, you should wait to sign your papers in front of a notary or court clerk, and should bring picture ID with you. Many local banks provide notary services. Also, many of the forms say on the bottom, “I certify that this is a true copy”, and provide a place for you to sign below. Don’t sign this line on the original form or on your own copy . You only need to sign this line on the copies that are served on your spouse. This is what these instructions are referring to when you see the phrase “certified true copy”. This step is required so your spouse knows the copy is the same as the original you filed with the court. G. Representing yourself in a divorce case. Many important decisions are made for you during a divorce case, and people are usually better off if they are represented by an attorney. We strongly recommend that you seek legal advice and representation to protect yourself. If you aren’t able to hire an attorney, an explanation of the process you will go through is described below. Dissolution Forms and Instructions for Petitioners Cases with Children Packet Number 3 - Instructions1 II. Step 1. To complete step one, you must: (1) fill out the “Response” form, file the original form with the court and pay the filing fee of $206.00, (2) send a true copy of your response to your spouse, (3) fill out “Respondent’s Certificate of Mailing” and file the original with the court, and (4) register for the Children Cope with Divorce class within 30 days of the date you were served by your spouse. You may get an extra registration form at the accounting window on the first floor of the courthouse. You must file your response and pay the court filing fee within 30 days of the date you were served with the petition. If you can’t afford to pay the fee, you may request that the court waive or defer payment of the fee. To do this, you must ask for the fee deferral forms at the information window on the first floor of the courthouse, fill them out, and file them with the court. III. Step 2. The general court process you will go through is described below. Keep in mind that the court usually won’t hold a trial or hearing on the merits of your case until 90 days has passed from the date you were served (except for temporary orders). A. Property issues: If you and your spouse disagree on how your property will be divided, the court will refer your case to arbitration. A court arbitrator is an experienced lawyer who will listen to evidence presented by both sides, and make a decision. Each side is required to pay the arbitrator a $250 deposit (for $500 total) within 14 days of the arbitrator’s appointment. If you aren’t happy with the decision the arbitrator makes, you may request a trial (you must also deposit $150 at the time you file your appeal). Otherwise, the arbitrator’s decision is final. B. Custody issues: If you and your spouse disagree on child custody or parenting time (visitation) issues, the court will refer your case to mediation. A mediator is a neutral party who will help you and your spouse talk about the issues, and agree on a way to resolve the disagreement. You usually don’t have to pay for the mediator’s services. There is only a resolution in mediation if you and your spouse agree. C. Support issues: If you and your spouse can’t agree on child or spousal support, a judge will determine whether either spouse should pay support, and the amount of support that should be paid. The court may order one or more of three types of spousal support: transitional, compensatory and/or spousal maintenance. 1. Transitional Spousal Support. This support may be ordered for a party to attain education and training necessary to prepare for reentry or advancement in the job market. Dissolution Forms and Instructions for Petitioners Cases with Children Packet Number 3 - Instructions2 Some f actors that are considered include: *the duration of the marriage *a party’s training and employment skills *a party’s work experience *the financial needs and resources of each party *the tax consequences to each party *a party’s custodial and child support responsibilities 2. Compensatory Spousal Support . This support may be ordered when there has been a significant contribution by one party to the education, training, vocational skills, career or earning capacity to the other party. Some factors that are considered include: *the amount, duration and nature of the contribution *the duration of the marriage *the relative earning capacity of the parties *the extent to which the marital estate has already benefitted from the contribution *the tax consequences to each party 3. Spousal Maintenance. The court may order one spouse to help financially support the other for either a specified or an indefinite period. Some factors that are considered include: *the duration of the marriage *the age of the parties *the health of the parties, including their physical, mental and emotional condition *the standard of living established during the marriage *the relative income and earning capacity of the parties *a party’s training and employment skills and work experience *the financial needs and resources of each party *the tax consequences to each party *a party’s custodial and child support responsibilities D. Status conferences. You and your spouse (or your spouse’s attorney) may be required to meet with the judge assigned to your case periodically. The reason the judge has these conferences is to make sure the case is proceeding through the system smoothly, and to make decisions on how the case should be handled along the way. IV. Step 3. After you have gone through the processes described in step two, either you or your spouse (or your spouse’s attorney) will need to prepare a final judgment for the judge to Dissolution Forms and Instructions for Petitioners Cases with Children Packet Number 3 - Instructions3 sign. A final judgment is a document that finalizes your divorce and contains all of the issues decided in mediation, arbitration and trial. There is a form available through Dissolution Resource Services for this purpose. The section of the judgment beginning on page 11 labeled “Required Information About the Parties” refers to information that Oregon law may require the parties to provide. Oregon law requires the parties to provide the following information regarding each party if the judgment contains a provision regarding child support: residence, mailing or contact address, social security number, telephone number, driver license number and the address and telephone number of all employers of each party. ORS 25.020. In addition, Oregon law requires that the following information be provided in all money judgments: (1) the name and address of each judgment creditor (the person who is owed money) and his or her attorney, and (2) the following information about the judgment debtor (the person who owes money): address, date of birth, Social Security number, driver license number and state of issuance, name of attorney, and (3) the name of any person or public body known by the judgment creditor, other than the judgment creditor’s attorney, who is entitled to any portion of a payment made on the judgment. ORCP 70. Please note that it is the responsibility of the parties to fill out the judgment completely (with the exception of the judge’s signature line) unless the judge has directed otherwise. Before you submit the original, you should make three copies: one is for you, one is for the other party and the third you will submit to the court with the original (the court will forward this one to the Department of Justice, Division of Child Support). V. Step 4. If there were no existing child support orders when this case was filed you are finished. If there was an existing child support order, and the final judgment in this case says that the other order is now “satisfied” or “superseded” (see page 5 of the judgment), the parties to this case are responsible for providing a certified copy of the judgment in this case to the court or agency that issued the first child support order. Dissolution Forms and Instructions for Petitioners Cases with Children Packet Number 3 - Instructions4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ________________ In the Matter of the Marriage of: ) ) Case No. _ ________________________________, ) Petitioner, ) RESPONSE WITH UCCJEA INFORMATION ) and ) DOMESTIC RELATIONS CASE SUBJECT TO FEE UNDER ORS ) 21.111 ________________________________, ) Respondent. ) Response Respondent appears and agrees with the petition for dissolution filed in this case, except as specifically stated below: (I ) __________________________________________________________ Response with UCCJEA Information 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ________________________________________________________________________ ________________________________________________________________________ (II) ______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (III)_____________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (IV)______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Response with UCCJEA Information 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Information Required by the Uniform Child Custody Jurisdiction and Enforcement Act. (Please fill in the following blanks) a. The parties’ minor child/ren are: _______________________________________ ________________________________________________________________________ ________________________________________________________________________ b. The child/rens’ present residence, mailing, or contact address is: _____________ ________________________________________________________________________ ________________________________________________________________________ c. The places where the minor child/ren of the parties have lived in the last five years and the names of the person with whom the child/ren have resided are: Dates County/State With Whom Which Children From:______ to _______ _____________ _______________ ________________ From: _____ to _______ _____________ _______________ ________________ Response with UCCJEA Information 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 From: _____ to _______ _____________ _______________ ________________ From: _____ to _______ _____________ _______________ ________________ _ Additional page attached; see section labeled “paragraph C continued.” d. The current addresses of the persons listed above with whom the minor child/ren have lived are: Name Address ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ e. _ I have not participated in any litigation concerning the custody, visitation, parenting time or placement of the child/ren in this or any other state, (or) _ I have participated in the following litigation concerning the custody, visitation, parenting time or placement: Name of Court State Case No . Date Result ________________________________________________________________________ ________________________________________________________________________ Response with UCCJEA Information 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f. Except as stated below, I do not have any knowledge of any other domestic violence, custody, visitation, parenting time or placement proceeding involving the child/ren of this marriage pending in this or another state: ________________________________________________________________________ (Identify court, case number and the nature of the proceeding) ________________________________________________________________________ g. Except as stated below, I do not know any person other than my spouse who has physical custody of the child/ren or who claims to have custody, visitation or parenting time rights: ________________________________________________________________________ (list name and address) ________________________________________________________________________ Certificate of Document Preparation I certify that: (check all that apply) _ I selected this document for myself. _ I was provided this document by an attorney. _ I completed this document without paid assistance. Response with UCCJEA Information 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _ I paid or will pay money to _______________________ for assistance in preparing this document/form. STATE OF OREGON ) ) County of Marion ) I, _______________________________, being duly sworn, say that I am the (print name) respondent in this matter, and that the statements in this Response are true and correct to the best of my knowledge. _________________________________________ Signature _________________________________________ Print Name _________________________________________ Address _________________________________________ City, State, Zip Code _________________________________________ Telephone SUBSCRIBED AND SWORN TO before me this ______ day of ____________________, ______, by ________________________________. __________________________________________ Response with UCCJEA Information 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notary Public for ____________/Court Clerk My Commission Expires: _______________ I certify that this is a true copy. _____________________________________ Respondent, Pro Se (Signature) Response with UCCJEA Information 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ________________ In the Matter of the Marriage of: ) ) ________________________________, ) Case No. Petitioner, ) )  PETITIONER’S  RESPONDENT’S and ) RESPONSE TO CERTIFICATE OF MAILING OF MOTION ) TO MODIFY ________________________________, ) Respondent, ) ) I certify that on _____________________________, ______, I mailed a true copy of my Affidavit Responding to the Motion to Modify previously filed in this case: ____ to the other party directly, at the following address, because s/he has no attorney___________ _____________________________________________________ Petitioner’s / Respondent’s Certificate of Mailing of Response to Motion to Modify 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____ to the other party’s attorney ___________________________________ at (Name of other party’s attorney) the following address:______________________________________________________ _________________________________________________________________. DATED this ______ day of ______________________, ______. ____________________________________ ___ Petitioner __ _ Respondent, ProSe, Signature ____________________________________ Print name ____________________________________ Address ____________________________________ City, State, Zip Code ____________________________________ Telephone Certificate of Document Preparation You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and blanks that apply: Petitioner’s / Respondent’s Certificate of Mailing of Response to Motion to Modify 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____ I selected this document for myself. ____ I was provided this document by an attorney. ____ I completed this document without paid assistance. ____ I paid or will pay money to _____________________________ for assistance in preparing this document. __________________________________________ Signature Petitioner’s / Respondent’s Certificate of Mailing of Response to Motion to Modify 14