Fill and Sign the Instructions for Dissolution for Cases with No Children Oregon Form

Dissolution Response Forms and Instructions Cases with no Children Packet No. 4 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 respondent. Since your spouse filed the petition to start this case, your spouse is the petitioner and you are the respondent. Make sure you fill in the petitioner and respondent blanks at the top of the forms. E. Case number. The papers your spouse served on you should have a case number near the top of the page in the case heading. Be sure to fill in this number where it says “Case No.” on your forms. 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 cop y. You only need to sign this line on the copies that are mailed to your spouse. By signing this line, you are saying that 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. 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 $206.00 filing fee, (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. You must file your response Dissolution Response Forms and Instructions, Cases With No Children, Packet Number 4, Instructions.1 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. Support issues . If you and your spouse can’t agree on 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. Some factors 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 Dissolution Response Forms and Instructions, Cases With No Children, Packet Number 4, Instructions.2 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 C. 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 sign. A final judgment is a document that finalizes your divorce and contains all of the issues decided in arbitration and trial. A form is 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 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 two copies; one for you and one for the other party. Dissolution Response Forms and Instructions, Cases With No Children, Packet Number 4, Instructions.3