Divorce Papers Oregon Template

Divorce Papers Oregon Template

The Divorce Papers Oregon form serves as an essential tool for those seeking to understand and navigate the process of filing for dissolution of marriage within the state. It provides a structured approach for individuals, especially in cases involving children, by offering detailed instructions and necessary forms for initiating and finalizing a divorce. These instructions encompass essential legal considerations, including steps for starting the process, understanding statutory requirements such as the waiting period, and finalizing the divorce, thereby emphasizing the importance of consulting a lawyer for comprehensive legal guidance.

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Navigating the emotional landscape of divorce can be challenging, but understanding the legal forms and procedures can provide some clarity and structure during this difficult time. The Divorce Papers Oregon form represents a critical step in the process, offering a structured approach for those seeking dissolution of marriage, especially in cases involving agreement on all issues and where children are part of the equation. Designed to guide petitioners through the complexities of divorce, this packet includes detailed instructions and a comprehensive set of forms that cover the entirety of the process, from initiating the divorce to finalizing the terms. Individuals are walked through starting their divorce, waiting periods, and the finalization stages, with specific attention given to child support, parenting plans, and financial responsibilities, emphasizing the importance of considering the welfare and security of any children involved. Additionally, the packet addresses the necessity of abiding by a statutory restraining order to prevent the dissipation of assets, showcasing the legal system's effort to ensure a fair and equitable process for both parties. Notably, the instructions provided are not exhaustive of the law and encourage seeking legal counsel to navigate the nuanced aspects of divorce, underlining the complexity of familial legal matters and the essential nature of professional guidance in these situations.

Preview - Divorce Papers Oregon Form

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

STEP 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.

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File Features

Fact Number Fact Description
1 The set of forms and instructions allows for filing and obtaining a divorce where both parties agree on all issues.
2 A 90-day waiting period is required by Oregon law (ORS 107.065) between filing the petition and the finalization of the divorce, which can be waived under certain conditions.
3 Co-Petitioners must address the parenting plan for cases involving minor children, with consideration for safety in circumstances of domestic violence or substance abuse.
4 Oregon law mandates addressing issues related to child support, including the requirement of filing a certificate regarding any existing child support orders or proceedings (per Oregon Administrative Rules).
5 Filing for divorce includes a statutory restraining order preventing the dissipation of assets, modification of insurance policies, and making extraordinary expenditures without the other party's agreement.
6 Oregon law requires litigants to include unmarried, unemancipated children aged 18 to 21 as necessary parties in family law cases involving support.
7 Parties are required to keep the court informed of current addresses and have the option to use a contact address for receiving court notices to protect personal safety.
8 The judgment of a divorce must address health insurance for minor children and uninsured medical expenses, in line with Oregon's legal guidelines.

Detailed Steps for Using Divorce Papers Oregon

After deciding to dissolve a marriage in Oregon, understanding the step-by-step process for filling out the divorce papers is crucial. This task might seem daunting at first, but breaking it down into manageable steps makes it easier to navigate through the legal system. Both parties agreeing to the terms of the divorce can expedite the procedure, especially when children are involved. The process is divided into three principal stages, starting with the initial filing, followed by a mandatory waiting period, and finally, the completion of the divorce. It's important to carefully follow the instructions and accurately fill out all required forms to avoid any delays or complications in finalizing the divorce.

  1. Starting Your Divorce:
    1. Complete the "Co-Petitioners’ Acknowledgment about Dissolution (Divorce)" form, clearly stating both spouses' agreement on proceeding with the divorce.
    2. Fill out the "Co-Petition for Dissolution of Marriage (With Children)" form if applicable, ensuring all children's details are accurately recorded.
    3. Prepare the "Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments" and attach certified copies of any existing orders.
    4. Complete the "Confidential Information Form (CIF)" with any sensitive personal details and prepare the "Notice of CIF Filing."
    5. Create a "Certificate of Mailing" for the documents, especially if either party is receiving public assistance.
    6. Obtain and fill out the "Record of Dissolution of Marriage" (Vital Statistics Form) from your local court to officially document the divorce.
  2. Waiting 90 Days:
    1. If desired, complete the "Co-Petitioners’ Motion for Waiver of 90 Day Waiting Period" to request a shorter waiting period.
    2. Support the motion with the "Co-Petitioners’ Affidavit in Support of Motion for Waiver of 90 Day Waiting Period."
    3. Submit the "Order Regarding Request for Waiver of 90 Day Waiting Period" for the court's approval.
  3. Finalizing Your Divorce:
    1. Prepare the "Stipulated Judgment of Dissolution of Marriage (With Children)" detailing the agreed terms of the divorce, custody, and support.
    2. Complete the "Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution (With Children)" to attest to the accuracy and fairness of the agreements.
    3. File the "Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and Order" to finalize the divorce without a hearing.
    4. If required, attach additional documents such as the "Parenting Plan," "Child Support Worksheets," or "Parenting Class Certificate of Completion."
    5. Consider submitting a "Waiver of Personal Service" if you wish to keep your home address confidential for the enforcement of the judgment.

Filing divorce papers is a significant first step towards starting a new chapter in life. It's essential to ensure all forms are correctly filled out and filed with the court. Missteps can delay the process, so seeking legal advice or assistance from a courthouse facilitator can be very helpful. Remember, the goal is to provide all necessary information to the court to facilitate a smooth and fair resolution to the divorce proceedings.

Important Points on This Form

What forms are needed to start the divorce process in Oregon?

To initiate a divorce in Oregon, you and your spouse need to complete and file the following forms with your local court clerk:

  1. Co-Petitioners’ Acknowledgment about Dissolution (Divorce)
  2. Co-Petition for Dissolution of Marriage (With Children, if relevant)
  3. Certificate Re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments
  4. Confidential Information Form (CIF)
  5. Notice of CIF Filing
  6. Certificate of Mailing
  7. Record of Dissolution of Marriage (Vital Statistics form, available from your local court)

Remember to keep a copy of each form for your records and make an additional copy if your or your spouse is receiving public assistance.

What is the 90-day waiting period in Oregon's divorce process?

Oregon law mandates a 90-day waiting period from the filing of the divorce petition to when the court can finalize the divorce. However, if both parties agree on all terms and sign a stipulated judgment, they can request the court to waive this period. If granted, the divorce can proceed without waiting the full 90 days. To request a waiver, fill out and file the Co-Petitioners’ Motion and Affidavit for Waiver of 90 Day Waiting Period, along with the Order for Waiver of the 90 Day Waiting Period.

What are the requirements for child support and medical support in an Oregon divorce?

Oregon requires the following regarding child and medical support in a divorce:

  • A Certificate confirming whether there are any pending child support proceedings or existing orders must be filed.
  • The court will likely order child support based on the Child Support Guidelines, which provide worksheets to help determine the support amount.
  • In addition to child support, cash medical support may be required to help with the cost of health insurance and uninsured medical expenses unless exempt under specific circumstances.

The Child Support section of the State of Oregon website offers tools, such as a calculator and guidelines, for determining support amounts.

How can I address health insurance and uninsured medical expenses for my children?

Oregon law mandates considerations for health insurance and uninsured medical expenses for children in divorce cases. You must:

  • Specify whether private health insurance is available for the children and how uninsured expenses will be handled.
  • Determine responsibility for uninsured health expenses, which can be equally divided or assigned based on whether cash medical support is ordered.

What should I know about spousal support in Oregon?

Oregon recognizes three types of spousal support: transitional, compensatory, and maintenance. Factors influencing the type and amount of support include contributions to a spouse's education, the length of the marriage, and each spouse's financial resources and earning capacity. One or more types of support may be ordered based on specific circumstances.

How does the division of property and debts work in an Oregon divorce?

When you file for divorce, both parties are subject to a statutory restraining order that prohibits the dissipation of assets, changing insurance policies, and making extraordinary expenditures without the other's agreement. The dissolution judgment must address the division of both assets and debts, taking into account the property's nature (whether communal or separate) and each party's contribution to the marital estate.

Are parenting classes required in an Oregon divorce involving children?

Many Oregon courts require parents of minor children to attend a parenting education class as part of the divorce process. This requirement aims to assist parents in understanding and addressing the needs of their children during and after the divorce. You usually need to complete the class and file a certificate of completion with the court before finalizing the divorce.

Common mistakes

Filling out divorce paperwork in Oregon can be complex, and mistakes can slow down the process or even negatively affect the outcome. Here are seven common errors to avoid:

  1. Not using full and consistent names across all forms. It’s essential that both spouses are referred to by their full names (first, middle initial or full middle name, and last name) consistently on every document to avoid confusion.
  2. Forgetting to acquire a case number from the clerk and then failing to put this number on all documents. This simple oversight can lead to misfiled papers and delays.
  3. Omitting necessary notarization or signatures in the presence of a court clerk. Certain documents require notarization or a signature in front of a court official; skipping this step can invalidate the document.
  4. Incorrectly signing as a witness on the original form. Many forms include a section stating, “I certify that this is a true copy,” which should only be signed on copies, not the original.
  5. Failing to make copies for yourself and your spouse of every document filed. Keeping a personal record is crucial for reference and evidence throughout the process.
  6. Not keeping the court informed of your current address, which can result in missing crucial court dates or documents because the court does not know where to send them.
  7. Misunderstanding the 90-day waiting period, either by not realizing it exists or by not knowing how and when it can be waived. This misunderstanding can significantly delay the finalization of the divorce.

Avoiding these errors can help ensure the process goes as smoothly as possible. Remember, you’re not alone in this, and resources are available to help you through the process, including legal advice if the situation is complex.

Documents used along the form

When navigating the process of divorce in Oregon, individuals often find themselves needing additional forms and documents beyond just the initial Divorce Papers. These documents are essential for addressing various aspects of the divorce process, including financial disclosures, property division, and arrangements for children if applicable. Here is a list of other significant documents often used alongside the Divorce Papers Oregon form:

  • Financial Declaration Form: This form is used by both parties to disclose their financial situation fully. It includes information on income, expenses, assets, and liabilities. It's essential for determining spousal support, child support, and the division of assets and debts.
  • Parenting Plan Form: For divorces involving children, a parenting plan outlines how parents will share responsibilities, including custody arrangements, visitation schedules, and decision-making about the child's welfare. It's crucial for establishing a structured environment for the child post-divorce.
  • Property and Debt Statement: This document lists all marital property and debts to be divided among the parties. It helps ensure a fair distribution of assets and liabilities according to Oregon laws and the specifics of the divorce agreement.
  • Child Support Calculation Worksheets: These worksheets help calculate the amount of child support one parent must pay to the other, based on their incomes, the number of children, and other relevant factors. These calculations follow Oregon's child support guidelines.
  • Request for Waiver of 90-Day Waiting Period: If both parties agree on the divorce terms, they can file this request to waive the mandatory 90-day waiting period before the divorce can be finalized. This can expedite the process.

Each of these documents plays a crucial role in the comprehensive process of getting a divorce in Oregon, making it smoother and ensuring that all legal requirements are met. Individuals going through a divorce should carefully consider which documents are necessary for their situation and seek legal advice if unsure how to proceed.

Similar forms

The Divorce Papers Oregon form closely resembles other legal documents that initiate or respond to legal proceedings such as the Petition for Legal Separation. Both types of documents serve as the initial filing in a legal case concerning marital relations, detailing the parties involved, the relief sought, and any relevant facts. While one initiates a divorce, the other seeks a separation yet both require similar preliminary information about the marriage, assets, and children if any.

Another similar document is the Application for Child Custody. Like the Divorce Papers, applications involving child custody require detailed information about the parents' and children's identities and seek a court's intervention to establish legal parameters around the care and control of minor children. Both types of documents must consider the best interests of the children and outline proposed arrangements for their welfare post-divorce or separation.

The Child Support Worksheet bears similarity as well, particularly in cases where there are children involved. Both this worksheet and the Divorce Papers Oregon form require calculations and information pertaining to the financial support of the children. They set the framework for determining how financial responsibilities for children will be handled following a divorce, including the calculation of payment amounts according to state guidelines.

Pre-Marital Agreement Forms share a connection with Divorce Papers insofar as they both deal with the division of assets and liabilities upon a change in marital status. However, they operate at different points in a marital relationship; pre-marital agreements are established before marriage to outline the division of assets in the event of a divorce, while the Divorce Papers Oregon form is used to legally dissolve a marriage, often entailing the enactment of the stipulations set forth in pre-marital agreements.

The Summons in Civil Cases is a procedural document that, while used in a broad range of legal matters beyond divorce, resembles the Divorce Papers Oregon form in its function to notify a party of the commencement of legal proceedings against them. In both instances, the documents serve as an official notification that requires the recipient to respond within a specified period, thereby formally involving them in the legal process.

Documents such as the Affidavit of Service, used to prove the delivery of legal documents in various proceedings, are similar in utility to some elements within the divorce papers. They ensure that all parties are duly informed of ongoing legal actions, maintain the integrity of the legal process, and confirm the other party's awareness of the divorce filing.

Analogous as well is the Stipulated Judgment document, particularly noticed in cases where a divorce concludes. This document formalizes the agreement reached between the parties on various issues such as child custody, division of property, and spousal support, mirroring the intentions of a completed Divorce Papers Oregon form which aims to finalize the divorce incorporating such agreements between the co-petitioners.

The Notice of Restraint found in many legal contexts, including divorce proceedings, also parallels the Divorce Papers Oregon form in its role of protecting assets and liabilities from being unjustly diminished or dissipated during the legal proceedings. This document is paramount for maintaining the status quo regarding finances, property, and other assets until a fair division can be established by the court.

Similarly, the Restraining Order Application, while more commonly associated with protection from abuse, shares similarities with specific restraining orders included in the divorce packet, aimed at preventing the disposal or concealment of assets. Both documents are used to safeguard the individuals and assets involved until legal decisions are reached.

Lastly, the Final Judgment of Divorce is akin to the initial Divorce Papers Oregon form in that it represents the final step in the legal process of divorce, outlining the agreed-upon or court-decided terms regarding child support, custody, property division, and any other relevant issues. The journey that begins with the filing of initial divorce papers ends with this document, formalizing the dissolution of the marriage.

Dos and Don'ts

When navigating the process of filling out the Divorce Papers Oregon form, it’s crucial to proceed with care and attention to detail. Below are ten key recommendations to assist you in this important legal process. These tips can help ensure your paperwork is accurate and compliant, simplifying the path towards finalizing your divorce.

Do:

  • Read all instructions thoroughly before beginning to fill out any forms, ensuring you understand the requirements and process.
  • Use full names (first, middle or middle initial, last) for you and your spouse on all forms, maintaining consistency throughout the documents.
  • Obtain a case number from the clerk when you file your papers and make sure this number is included on all copies and originals.
  • Have some forms notarized or signed in the presence of a court clerk, bringing a picture ID for this purpose.
  • Make copies of each document for your records as well as for your spouse, especially important if one is receiving public assistance.
  • Keep the court informed of your current address to receive all court dates and communications. Utilize a contact address if privacy concerns are present.
  • Consult with your local court if you have questions about forms not included in the packet or about local family law practices.
  • Consider mediation or legal consultation when drafting a parenting plan, particularly in complex situations involving safety concerns.
  • Comply with Oregon law regarding the disclosure of any existing or pending child support proceedings by completing the required certificate.
  • Check with your local court for the amount of the filing fee and inquire about fee waivers or deferrals if affordability is an issue.

Don't:

  • Overlook the necessity to fill out the Confidential Information Form (CIF) accurately, protecting sensitive personal information.
  • Sign the line that certifies a true copy on the original document; this is only for copies you are providing to others.
  • Forget to attach certified copies of any pre-existing child support orders when submitting the Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments.
  • Ignore the statutory restraining order that prevents the dissipation of assets once you file your co-petition, as compliance is mandatory.
  • Fail to consider how property and debts will be addressed, potentially consulting a lawyer for advice, especially if real estate or retirement plans are involved.
  • Proceed without considering the implications of filling out the forms on your own in complex cases, where legal representation may be advisable.
  • File any forms with the court without first ensuring you have made all necessary copies for your records and for service to relevant parties.
  • Dismiss the opportunity for document review by a lawyer or courthouse facilitator to catch potential errors or omissions.
  • Oversee the requirement for serving all necessary parties, including children over the age of 18 if they are part of the case.
  • Underestimate the value of the parenting class if required by your court, as completion may be necessary for finalizing your divorce.

Misconceptions

When it comes to divorce papers in Oregon, there are some misconceptions that can confuse those trying to navigate the process. It’s crucial to understand the actual requirements and implications of filing for a divorce to ensure a smooth and informed process. Here are four common misconceptions about the divorce papers Oregon form:

  • Misconception #1: You need a lawyer to file for divorce. While legal advice can be invaluable, especially in complex cases, the divorce papers Oregon form is designed to be filled out and filed by individuals without legal representation. The packet includes comprehensive instructions intended for co-petitioners to manage the process on their own. However, consulting with a lawyer or visiting a local law library for further clarification on legal matters is advisable.
  • Misconception #2: The process is quick and can be finalized immediately. Oregon law mandates a 90-day waiting period from the date of filing the petition to when the court can officially finalize the divorce. This period is in place to allow both parties ample time to resolve any disputes and ensure that divorce is the right decision. However, the waiting period can be waived under certain circumstances, provided that the co-petitioners file the appropriate paperwork requesting the waiver.
  • Misconception #3: Child support amounts are negotiable and can be decided between the parties without court involvement. Though co-petitioners can agree on child support arrangements, their agreement must align with Oregon's Child Support Guidelines. The court has the final say in the matter to ensure that the child support provided is in the best interest of the child(ren). The guidelines and worksheets help calculate the appropriate amount of child support, taking into consideration the parents' income and the child's needs.
  • Misconclusion #4: Your home address must be disclosed in the divorce papers. For individuals concerned about their safety or privacy, the Oregon divorce forms provide an option to use a contact address different from the residential address. This ensures the receipt of all court notices while protecting one’s privacy or safety. Moreover, if there is a concern for personal safety, one may seek a non-disclosure order to further protect information.

Understanding these misconceptions can help simplify the divorce process and set realistic expectations for those involved. It's always beneficial to consult the local court or legal professionals for guidance tailored to your specific situation.

Key takeaways

Understanding the Divorce Papers Oregon Form: Key Takeaways

Filing for a divorce in Oregon requires a thorough understanding of the legal process and proper completion of the necessary forms. The following key takeaways provide guidance on filling out and using the Divorce Papers Oregon form effectively.

  • Complete the required forms accurately, ensuring that both you and your spouse are listed as "Co-Petitioners" and that all information aligns across documents.
  • Once filed, a 90-day waiting period is mandated by Oregon law before the divorce can be finalized, though this may be waived under certain circumstances.
  • A parenting plan is mandatory for cases with children, detailing custody arrangements and schedules. Consider mediation or the court’s parent education program for assistance.
  • Child support obligations are determined through the Child Support Guidelines, which provide a formula for calculating the appropriate payment amounts. A Certificate regarding child support proceedings or existing orders must be submitted.
  • Cash medical support may be required in addition to child support to cover health insurance and uninsured medical expenses for the child or children involved.
  • The dissolution process involves specific steps starting with filing the initial forms, waiting the prescribed period, and finalizing your divorce with the required documents, including the Stipulated Judgment of Dissolution.
  • It's important to keep the court informed of your current address and comply with the statutory restraining order that prohibits disposing of assets, making insurance changes, or making extraordinary expenditures without agreement.

Before proceeding, consider consulting with a lawyer for legal advice tailored to your situation. Divorce proceedings involve important decisions regarding assets, liabilities, and the welfare of children, which have long-term implications.

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