Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF OREGON
DISSOLUTION OF MARRIAGE PACKAGE
MINOR CHILDREN
With or Without Property
Control Number OR–006-D
This packet contains the following:
1. Information about Dissolution of Marriage
2. Form List
3. Form Explanations
4. Instructions and Steps
5. Checklist
6. Access to Law Summary
You and your spouse must agree to all terms of the dissolution to use this packet.
All forms must be printed on bond paper.
INFORMATION ABOUT DIVORCE
1. WHO CAN USE THESE FORMS: You may use this dissolution of marriage
package only when all of the following facts are true;
(a) There are minor children of the marriage.
(b) You and your spouse agree on all terms of the dissolution.
(c) You and/or your spouse are a resident of the State of Oregon.
2. THE BASICS: To use this dissolution of marriage package, there are two basic
requirements that must be met. Those requirements are:
(a) You must satisfy the residency requirements.
(b) You must be seeking a decree of dissolution of marriage based upon the ground of
irreconcilable differences.
3. RESIDENCY REQUIREMENTS: Oregon law requires that in an action for
dissolution of marriage, a suit for its dissolution may be maintained if the marriage was
solemnized in this state and either party is a resident of or domiciled in the state at the
time the suit is commenced. If the marriage was not solemnized in this state, at least one
party must be a resident of or be domiciled in the state at the time the suit is commenced
and continuously for a period of six months prior thereto.
4. GROUNDS FOR DIVORCE: Under Oregon law, a decree of dissolution of marriage
may be granted based upon the following grounds:
(a) When either party to the marriage was incapable of making such contract or
consenting thereto for want of legal age or sufficient understanding;
(b) When the consent of either party was obtained by force or fraud, provided that the
contract was not afterward ratified.
(c) Irreconcilable differences.
This package is for use by parties seeking a decree of dissolution of marriage based upon
the ground of irreconcilable differences.
5. WAITING PERIOD : Oregon law provides that no trial or hearing on the merits in a
suit for the dissolution of a marriage shall be had until after the expiration of 90 days
from the date of:
(a) The service of the summons and petition upon the respondent; or
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(b) The first publication of summons.
Upon written motion, the court may in its discretion grant a judgment dissolving the
marriage prior to the expiration of the waiting period. The written motion must be
supported by an affidavit setting forth grounds of emergency or necessity and facts that
satisfy the court that immediate action is warranted to protect the rights or interest of any
party or person who might be affected by a final judgment in the proceedings.
An affidavit stating that a stipulated judgment has been signed by the parties is adequate
grounds of necessity for immediate action. If the court grants a judgment before the
expiration of the waiting period, the court shall find and recite in the judgment the
grounds of emergency or necessity and the facts with respect thereto.
6. ALIMONY/SUPPORT : Since this is an agreed divorce, you and your spouse will
decide issues of alimony. The forms included with this package assume that no alimony
will be paid and is waived, but you may add provisions for alimony if you desire. In a
contested case, the court may order spousal support in an amount of money for a period
of time as may be just and equitable for one party to contribute to the other, in gross or in
installments or both. In making the spousal support order, the court shall designate one or
more categories of spousal support and shall make findings of the relevant factors in the
decision. The court may order:
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
(a) Transitional spousal support as needed for a party to attain education and training
necessary to allow the party to prepare for reentry into the job market or for
advancement therein. The factors to be considered by the court in awarding
transitional spousal support include but are not limited to:
(i) The duration of the marriage;
(ii) A party's training and employment skills;
(iii) A party's work experience;
(iv) The financial needs and resources of each party;
(v) The tax consequences to each party;
(vi) A party's custodial and child support
responsibilities; and
(vii) Any other factors the court deems just and
equitable.
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(b) Compensatory spousal support when there has been a significant financial or
other contribution by one party to the education, training, vocational skills, career
or earning capacity of the other party and when an order for compensatory
spousal support is otherwise just and equitable in all of the circumstances. The
factors to be considered by the court in awarding compensatory spousal support
include but are not limited to:
(i) The amount, duration and nature of the contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the parties;
(iv) The extent to which the marital estate has already
benefited from the contribution;
(v) The tax consequences to each party; and
(vi) Any other factors the court deems just and
equitable.
(c) Spousal maintenance as a contribution by one spouse to the support of the other
for either a specified or an indefinite period. The factors to be considered by the
court in awarding spousal maintenance include but are not limited to:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical,
mental and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties,
recognizing that the wage earner's continuing income may be a basis for
support distinct from the income that the supported spouse may receive
from the distribution of marital property;
(vi) A party's training and employment skills;
(vii) A party's work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party's custodial and child support responsibilities;
and
(xi) Any other factors the court deems just and equitable.
(e) For the delivery to one party of such party's personal property in the possession or
control of the other at the time of the giving of the decree.
7. DISTRIBUTION OF PROPERTY: Since this is an agreed upon
divorce, the parties will agreed to property distributions. Oregon is an “equitable
distribution” state. In a contested case, this means that the court will divide the marital
property between the parties in such proportions as the court deems just and proper in all
the circumstances. The court shall consider the contribution of a spouse as a homemaker
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as a contribution to the acquisition of marital assets. There is a rebuttable presumption
that both spouses have contributed equally to the acquisition of property during the
marriage, whether such property is jointly or separately held.
The court shall require full disclosure of all assets by the parties in arriving at a just
property division. In arriving at a just and proper division of property, the court shall
consider reasonable costs of sale of assets, taxes and any other costs reasonably
anticipated by the parties. If a spouse has been awarded spousal support in lieu of a share
of property, the court shall so state on the record, and shall order the obligor to provide
for and maintain life insurance in an amount commensurate with the obligation and
designating the obligee as beneficiary for the duration of the obligation.
8. CHILD CUSTODY: In determining custody of a minor child, the court shall give
primary consideration to the best interests and welfare of the child. In determining the
best interests and welfare of the child, the court shall consider the following relevant
factors:
(a) The emotional ties between the child and other family members;
(b) The interest of the parties in and attitude toward the child;
(c) The desirability of continuing an existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary caregiver of the child, if the caregiver is
deemed fit by the court; and
(f) The willingness and ability of each parent to facilitate and encourage a
close and continuing relationship between the other parent and the child.
However, the court may not consider such willingness and ability if one parent
shows that the other parent has sexually assaulted or engaged in a pattern of
behavior of abuse against the parent or a child and that a continuing relationship
with the other parent will endanger the health or safety of either parent or the
child.
9. PARENTING TIME/VISITATION: When providing for parenting time (visitation)
with a child, the State of Oregon requires that a Parenting Plan be developed and filed
with the court to be included in the judgment. A parenting plan may be either general or
detailed.
A general parenting plan may include a general outline of how parental responsibilities
and parenting time will be shared and may allow the parents to develop a more detailed
agreement on an informal basis. However, a general parenting plan must set forth the
minimum amount of parenting time and access a noncustodial parent is entitled to have.
A detailed parenting plan may include, but need not be limited to, provisions relating to:
(a) Residential schedule;
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(b) Holiday, birthday and vacation planning;
(c) Weekends, including holidays, and school in-service days preceding or
following weekends;
(d) Decision-making and responsibility;
(e) Information sharing and access;
(f) Relocation of parents;
(g) Telephone access;
(h) Transportation; and
(i) Methods for resolving disputes.
The court shall develop a detailed parenting plan when:
(a) So requested by either parent; or
(b) The parent or parents are unable to develop a parenting plan.
In developing a parenting plan, the court may consider only the best interests of the child
and the safety of the parties, ensuring the noncustodial parent sufficient access to the
child to provide for appropriate quality parenting time and assuring the safety of the
parties, if implicated. The court may deny parenting time to the noncustodial parent under
this subsection only if the court finds that parenting time would endanger the health or
safety of the child. The court shall recognize the value of close contact with both parents
and encourage, when practicable, joint responsibility for the welfare of such children and
extensive contact between the minor children of the divided marriage and the parties.
10. CHILD SUPPORT: In ordering child support, the Court shall take into consideration the
following criteria:
(a) All earnings, income and resources of each parent, including real and personal
property;
(b) The earnings history and potential of each parent;
(c) The reasonable necessities of each parent;
(d) The ability of each parent to borrow;
(e) The educational, physical and emotional needs of the child for whom the
support is sought;
(f) The amount of assistance which would be paid to the child under the full
standard of need of the state’s IV-A plan;
(g) Preexisting support orders and current dependents;
(h) Any Social Security or Veterans’ benefits paid to the child, or to a
representative payee administering the funds for the child’s use and benefit, as a
result of a parent’s disability or retirement; and
(i) Other reasonable criteria which the division may find to be appropriate.
The child is entitled to benefit from the income of both parents to the same extent that the
child would have benefited had the family unit remained intact or if there had been an
intact family unit consisting of both parents and the child. Both parents should share in
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the costs of supporting the child in the same proportion as each parent’s income bears to
the combined income of both parents.
11. 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.
12. NAME CHANGE: The Court may, upon granting a decree of dissolution of marriage,
change the name of either spouse to a name the spouse held before the marriage.
13. LEGAL SEPARATION: The State of Oregon permits judgments of legal separation to
be granted upon the grounds of irreconcilable differences between the parties that has
caused a temporary or unlimited breakdown of the marriage. 107.025
For more information, see the Oregon Divorce Law Summary.
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FORMS LIST
The following forms are included in this package:
1. Instructions: Filing for Dissolution (Divorce) Cases With Children
( OR-1B-10-IN)
2. Acknowledgement about Dissolution/Divorce/Separation ( OR-1BC-03)
3. Petition for Dissolution of Marriage With Children ( OR-1B-08)
4. Supplement to Petition for Dissolution of Marriage ( OR-1B-03-S)
5. Certificate regarding pending Child Support Proceedings
and/or Existing Child Support Orders/Judgments - UTCR
8.090 (OR-1B-03)
6. Petitioner’s Certificate of Mailing to the Division of Child
Support ( OR-1B-01-A)
7. Summons – Domestic Relations Suit ( OR-1BC-04-S)
8. Notice of Statutory Restraining Order Preventing the Dissipation of
Assets in Domestic Relation Actions (OR-1BC-01-A)
9. Affidavit of Service (OR-1BC-07)
10. Acceptance of Service ( OR-IBC-02)
11. Instructions for the UTCR2.100 Forms ( OR-UTCR2-100-IN)
12. UTCR 2.100 Affidavit with Request to Segregate Social
Security Numbers Only (Short Form) ( OR-UTCR2-100-S)
13. UTCR2.100 Affidavit with Request to Segregate Protected
Personal Information from Concurrently Filed Document
(Long Form) ( OR-UTCR2-100-L)
14. Petitioner’s Ex Parte Motion for Order of Default and Order
( OR-1BC-01)
15. Petitioner’s Affidavit in Support of Motion for Order of Default
(OR-1BC-04)
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16. Request for Hearing re: Statutory Restraining Order ( OR-1BC-01-R)
17. Instructions: Responding to Petition for Dissolution (Divorce)
With Children ( OR-1D-07-IN)
18. Response to Petition for Dissolution – With Children ( OR-1D-03)
19. Respondent’s Certificate of Mailing ( OR-1D-01-A)
20. Respondent’s Acknowledgment about Dissolution (Divorce)
Separation with Children ( OR-1D-01)
21. Affidavit in Support of Motion for Order Allowing Entry of
Judgment on Affidavit in Lieu of Hearing ( OR-1BC-03-A)
22. Motion for Order Allowing Entry of Judgment on Affidavit in
Lieu of Hearing ( OR-1BC-03-B)
23. Petitioner’s Affidavit Supporting Judgment of Dissolution ( OR-1B-01)
24. General Judgment of Dissolution of Marriage and Money Award
(OR-1B-09)
25. Supplement to Judgment of Dissolution (OR-1B-02)
A Civil Cover sheet may be required by some Counties and should
be available from the Clerk.
The Vital Statistics form is available from your local court clerk.
FORM EXPLANATIONS
All forms included in this package are identified below.
1. Instructions: Filing for Dissolution (Divorce) Cases With Children (OR-
1B-10-IN) This form includes the instructions for uncomplicated divorce
cases where there are minor children involved. The instructions are
broken down into four (4) basic steps.
2. Acknowledgement about Dissolution/Divorce/Separation ( OR-1BC-03) This
form states that you are filing for dissolution/divorce without full
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representation of an attorney. It also states that that you will be responsible for
court fees and will seek advice of an attorney if your spouse contests or disagrees
with the divorce or the terms of the divorce.
3. Petition for Dissolution of Marriage with Children ( OR-IB-08) This is the
document in which you are asking the court to grant your divorce along
with any other relief requested. You must follow the instructions provided
to complete the Petition for Dissolution.
4. Supplement to Petition for Dissolution of Marriage with Children
(OR-1B-03-S) This page includes an additional page (5a) which must be included
as part of the Petition for Dissolution of Marriage. It deals with spousal support,
life insurance and medical coverage. This form must be filed when
children are involved.
5. Certificate regarding pending Child Support Proceedings and/or Existing
Child Support Orders/Judgments - UTCR 8.090 (OR-1B-03)
This form certifies whether t here is a pending child support proceeding in this or
any other state involving the parties’ child[ren]. It also verifies whether
there is an existing child support order or judgment in place involving the children.
6. Petitioner’s Certificate of Mailing to the Division of Child Support
( OR-1B-01-A) This form certifies that a true copy of the Petition for Dissolution
of Marriage in the case has been mailed to the local branch office of the
Department of Justice, Division of Child Support.
7. Summons – Domestic Relations Suit ( OR-1BC-04-S) You are required to have
your spouse served by having papers delivered to them. This document is used to
inform the Respondent that a suit has been filed against him or her and orders the
Respondent to appear before the court and file any pleadings necessary within 30
days after service of the summons.
8. Notice of Statutory Restraining Order Preventing the Dissipation of Assets in
Domestic Relation Actions (OR-1BC-01-A) Oregon law requires both Petitioner
and Respondent to obey a restraining order preventing either party from
dissipating (selling, destroying, removing, disposing of) real or personal
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 parties are not prohibited. You must attach a copy of the
“ Notice of Statutory Restraining Order Preventing the Dissipation of Assets
in Domestic Relations Actions ” to the Summons and serve it on the Respondent.
9 . Affidavit of Service (OR-1BC-07) An Affidavit of Service is a form used by the
Petitioner. Is certifies that the Respondent was in fact served with process
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of the dissolution papers by either personal service, certified mail, or substitute
service.
10. Acceptance of Service ( OR-IBC-02) This form is filed by the respondent and
acknowledges receipt of the Summons, Petition for Dissolution of
Marriage and Notice of Statutory Restraining Order.
11. Instructions for the UTCR2.100 Forms ( OR-UTCR2-100-IN) These
instructions contain basic information about UTCR 2.100 forms. Oregon
law requires that Social Security numbers be given but kept confidential from
the public in dissolution, separation and annulment proceedings filed after
January 1, 2004. (ORS 107.840) A short form and long form are offered. Do
not place your or your children’s Social Security numbers on your pleadings .
NOTE: You are REQUIRED to fill out and use one of the UTCR
2.100 Affidavits ,
either the short form or the long form .
12. UTCR 2.100 Affidavit with Request to Segregate Social Security Numbers
Only (Short Form) ( OR-UTCR2-100-S) Use UTCR 2.100 SHORT
FORM to segregate only your Social Security number.
13. UTCR2.100 Affidavit with Request to Segregate Protected Personal
Information from Concurrently Filed Document (Long Form) ( OR-
UTCR2-100-L) If you wish to segregate additional protected
personal information, use UTCR 2.100 LONG FORM.
14 . Petitioner’s Ex Parte Motion for Order of Default and Order ( OR-1BC-01)
Your spouse should mail or deliver a copy of his or her response to you when it is
filed with the court. If you haven’t received a copy of a response after 30
days (from the date of service), you may check with the court clerk to see if one
has been filed. If no response has been filed, you may request a “default
order.” A default means that you may ask the court to enter a judgment
giving you the items you asked for in your petition, with no input from
your spouse. If a response has been filed within the 30 day time limit, you will not be
allowed to take a default.
15. Petitioner’s Affidavit in Support of Motion for Order of Default (OR-1BC-
04) This Affidavit certifies that the respondent is not now an active
member of the military or a minor, incapacitated or financially incapable person.
Make a copy of the filled out Petitioner’s Ex Parte Motion for Order of Default
and Affidavit and file the original with the court anytime after 30 days have
expired from the date of service.
16. Request for Hearing re: Statutory Restraining Order ( OR-1BC-01-R) This
form may be used to request a hearing to modify the statutory restraining
order or request or hearing to apply for further temporary order.
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17. Instructions: Responding to Petition for Dissolution (Divorce) with Children
( OR-1D-07-IN) This set of forms and instructions explain how to file a response
to a petition for dissolution of marriage (divorce). When filling out the
forms, follow the directions. 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.
18. Response to Petition for Dissolution with Children ( OR-1D-03) You have 30
days following the date you were served with the petition to file a written
response with the court clerk and pay the filing fee. In the
response, space is provided for you to state that you disagree with certain
items asked for in the petition. You may also write in items that you would like
the court to order that were not included in the petition. These are called
“counterclaims.” If you agree with everything asked for in the petition,
you are not required to file a response. The court will enter judgment based
on what was asked for in the petition. After you have filled out the
Response, make two copies. One copy is for your records, and the second copy
is for your spouse. If your spouse does not have an attorney, mail your
spouse’s copy to your spouse’s address and fill out the Certificate of
Mailing form, and file it with the court.
19. Respondent’s Certificate of Mailing ( OR-1D-01-A) If your spouse does not
have an attorney, mail your spouse’s copy to your spouse’s address and
fill out the Certificate of Mailing form, and file it with the court
20. Respondent’s Acknowledgment about Dissolution (Divorce) Separation
( OR-1D-01) This form states that you are filing for dissolution/divorce
without full representation of an attorney. It also states that that you will
be responsible for court fees and will seek advice of an attorney if your
spouse contests or disagrees with the divorce or the terms of the divorce.
21. Affidavit in Support of Motion for Order Allowing Entry of Judgment on
Affidavit in Lieu of Hearing ( OR-1BC-03-A) The Affidavit certifies
that the information in the Motion for Order of Default and requests the
Court grant an order allowing Entry of Judgment of Default.
22. Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of
Hearing (OR-1BC-03-B) This form is used i n a suit for
dissolution of marriage where the parties are co-petitioners, or respondent is
found by the Court to be in default, or the respondent appeared but waived
further appearance, or the parties stipulate to the entry of a decree, ORS
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107.095(4) authorizes the Court to enter a judgment of dissolution upon
affidavit without a hearing.
23. Petitioner’s Affidavit Supporting Judgment of Dissolution ( OR-IB-01)
This form is used to certify to the Court that certain facts of the Petition for
Dissolution. Complete and file this Affidavit with your Petition for
Dissolution of Marriage. It must be signed by the Petitioner before a notary public. 29.
Basic
24. General Judgment of Dissolution of Marriage and Money Award
(OR-1B-09) This is a General Judgment of Dissolution of Marriage and
Money Award, to be used in the State of Oregon when children are
involved. The form is used to grant the dissolution, along with any other
relief requested.
25. Supplement to Judgment of Dissolution (OR-1B-02) This form is a
supplemental page to the Judgment of Dissolution. It deals with spousal
support, life insurance, medical coverage and payments of child
support.
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INSTRUCTIONS AND STEPS
Note: If a form con tains a space for the signature of a Notary Public, it must be signed by you
(and if necessary by your spouse) in front of a Notary Public, who must notarize the document.
Prepare an original and several copies of each of your completed documents. Your spouse
should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies
and the court must have originals.
You are the named “petitioner” on all court forms and your spouse is the “respondent”. 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 have to 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 the copies that are served
on your spouse. Make yourself 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 Case: Fill out the following documents:
Acknowledgment about Dissolution (Divorce/Separation)
Petition for Dissolution of Marriage
Summons
Certificate of Mailing
Certificate re: Pending Child Support Proceedings and/or Existing Child
Support Order/Judgments
Automatic Statutory Restraining Order Preventing Dissipation of Assets
UTCR 2.100 Affidavit, either SHORT FORM or LONG FORM
(REQUIRED)
Affidavit of Service/Acceptance of Service
Record of Dissolution of Marriage (Vital Statistics Form; Available from
your local court)
Make one copy of all the forms for your records, and one copy of the Petition and
Summons to serve on your spouse.
STEP 2: File all of the original forms that are listed above with the court clerk except the
summons. The court clerk will ask you for a filing fee when you file your
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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
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, and a
family law resource list. The clerk will give you two copies of each
handout: one for you and one to be served on your spouse. You aren’t
required to serve the copy of ORS 107.089 on your spouse, but if you do, both
spouses must follow what it says.
STEP 3: 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.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/parenting
plan.htm . 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.
If the parents don’t agree on a parenting plan, a judge will order a parenting plan
for you. 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 .
Custody/Parenting Time Evaluation. If parents can’t agree on a parenting plan,
sometimes the court refers the case to a custody or parenting time
evaluator. After interviewing each parent and doing other research, the evaluator
will make a recommendation to the judge about which parent should have
custody and what the parenting plan should be. The evaluator will consider
factors that might affect a child’s safety, such as domestic violence,
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substance abuse, child abuse or other circumstances. Many courts require
that the parties pay for all or part of the evaluation.
STEP 4: 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 .
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.
STEP 5: Once the above documents have been filed and copies provided to the non-filing
party, the documents should be served on your spouse by the one of the
following method s of Service:
Standard Methods of Service
Personal Service Delivery of papers directly to the other party
Substitute Service Delivery of papers to a person living at the other party’s home
who is at least 14 years old, PLUS mailing of the documents to the other party’s
home address by first class regular mail
Office Service Delivery of papers to a person who appears to be in charge at the
other party’s place of employment (who has a business duty to give the
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documents to the other party), done during working hours, PLUS
mailing
of the document to the home or business address of the other party by first class
regular mail
Service by Mail (Return Receipt Requested)
Delivery by mailing the documents certified or registered, return-receipt
requested, or by Express mail, PLUS mailing of documents to home or business
address of the other party by first class regular mail.
If you are not able to have your spouse served by any of the methods described
above, you may ask a judge to allow you to use another service method.
The judge might allow you to publish, post or mail the documents. In order to
make this request, check with your local court for the appropriate form.
STEP 6: Oregon law gives your spouse 30 days to respond to your petition. The time starts
running from the date of service. The response must be written, and must
be filed with the required filing fee. Your spouse may ask the court to
waive or defer the fee. Your spouse should mail or deliver a copy of his or
her response to you when it is filed with the court. If you haven’t received a copy of a
response after 30 days (from the date of service), you may check with the court
clerk to see if one has been filed. If no response has been filed, you may request a
“default order.” A default means that you may ask the court to enter a
judgment giving you the items you asked for in your petition, with no input from
your spouse. If a response has been filed, you will not be allowed to take a
default and you will skip the sections about requesting a default
STEP 7: To ask the court to enter a default, you must fill out the following forms:
• Ex Parte Motion for Order of Default; and Order
• Affidavit in Support of Motion for Order of Default
After you make yourself a copy of the filled out form, you may file the original
with the court anytime after 30 days have expired from the date of service.
STEP 8: Oregon law requires a 90 day waiting period between the time your spouse was
served and the time the court can hold a final hearing on your case or sign
the final judgment. You may ask the court to waive this period if your
situation involves an emergency or necessity. The court must find that
immediate action is needed to protect your rights or interests or those of your
spouse or of a person who might be affected by the terms of the judgment. The
court can also waive the period if you and your spouse have agreed to the
terms of your divorce and have filled out and signed a “stipulated” (agreed
to) judgment completely.
To ask the court to waive the 90 day period, you will need the Request
for Waiver of 90 Day Waiting Period and all documents concerning the 90
Day Waiting Period.
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STEP 9: Finalizing Your Divorce:
A divorce is “final” the date the judgment of dissolution (divorce) is signed by a
judge. If there are still items that you don’t agree on, the court will
probably set a date for a “final hearing” or trial. Some judges may want you to
attend a “settlement conference” (a meeting between the parties to
discuss settlement, usually led by a different judge than your trial judge) to
help you come to agreement.
Forms to Finalize Your Divorce.
The following forms are required to finalize your divorce:
• Judgment of Dissolution (Divorce)
• Affidavit Supporting Judgment of Dissolution (Divorce)
If your spouse did not file a response and the court has entered an Order for
Default, or if your spouse responded and then filed a Waiver of Further
Appearance and Consent to Entry of Judgment form, or if your
spouse has signed the Judgment , you will also need the following:
• Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing;
and Order
• Affidavit in Support of Motion for Order Allowing Entry of Judgment on
Affidavit in Lieu of Hearing
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.
These forms are no longer available on the OJD Family Law Website but may be
found on the Division of Child Support’s (DCS’s) website:
http://www.dcs.state.or.us/forms/ .
• 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.
• Uniform Support Affidavit. This form is only required if a response was filed
and you and your spouse do not agree on spousal or child support. You
aren’t required to complete the schedules on the form unless one spouse asks for
spousal support or a “deviation” (different amount than what was calculated using
the child support guidelines) from the child support guidelines.
• 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
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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.
The Final Judgment.
The judgment finalizes your divorce and contains all of the issues decided in
mediation, arbitration, hearing, or through your agreement. Check with
your local court to determine whether you should complete this form, or
whether the judge will fill it out. 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.
If the spouses don’t
agree on all issues, the judge may direct one spouse to fill out the judgment.
If your spouse didn’t file a response, the information you fill out in the final
judgment must be the same as what you requested in the petition. If your
spouse filed a response, the information must be the same as was decided in
mediation, arbitration, hearing or through your agreement. If you are
responsible for filling out and filing the final judgment, make a copy for yourself
and one for your spouse (unless he or she didn’t file a response), and file the
original with the court. If your case involves spousal support, file an extra
copy of the proposed judgment with the court.
Once the Judge has signed the Judgment , the Court Clerk will send to you notice
that the Judgment has been signed and entered into the Court records.
Notes: When presenting Pleadings to the Clerk make sure you have at least 4 copies for the
Clerk. The Clerk will return the copies to you that the Court does not need. If a
Certificate of Mailing is on any form, a copy of the form should be mailed to the person
indicated.
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NOTE ABOUT COMPLETING THE FORMS
The forms in this packet contain “form fields” created using Microsoft Word. “Form fields”
facilitate completion of the forms using your computer. They do not limit you ability to print the
form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then
select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that
resembles a shaded letter “a”. Click in this button and the form fields will be visible.
The forms are locked which means that the content of the forms cannot be changed. You can
only fill in the information in the fields.
If you need to make any changes in the body of the form, it is necessary for you “unlock” or
“unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO
SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE
DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN
YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock,
click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be
prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters
without the quotation marks . After you make the changes relock the document before you
begin to complete the fields.
After any required changes and re-protecting the document, click on the first form field and enter
the required information. You will be able to navigate through the document from form field to
form field using your tab key. Tab to a form field and insert your data. If you experience
problems, please let us know.
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LAW SUMMARY
You may access the law summary for your State by using the link below:
http://secure.uslegalforms.com/lawsummary/OR/OR-006-D.htm
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DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the
subject state. All Information and Forms are subject to this Disclaimer: All forms in this
package are provided without any warranty, express or implied, as to their legal effect and
completeness. Please use at your own risk. If you have a serious legal problem we suggest that
you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products
offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY
PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS
AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME
COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS
FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS
NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES ARE NOT
UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY.
REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS,
WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF
YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR
COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL
FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN
USE AS AN EXAMPLE.
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