In the majority of cases either you or your spouse must have resided in Oregon for at least six months before you can file for the divorce papers. If one of you meets that requirement, you need to complete the three things stated below to initiate your divorce:
- You must pay or be excused from paying the fees that are charged for filing a divorce petition. There may be be costs associated with for having your spouse served;
- You must fill out and file a Petition for Dissolution of Marriage with the Circuit Court Clerk’s office in the court of the county where either you or your spouse reside. The petition details the court and your spouse what you are requesting for in the divorce and;
- You must have the petition served on (officially delivered to) your spouse. This lets your spouse know that a divorce action has been started and what you are requesting.
How to Apply Through the Summary Dissolution Forms for Divorce?
Oregon’s marital relations law provides two types of dissolution: summary dissolution which is referred to as uncontested divorce and complex dissolution which is contested. The type you choose varies on the issues surrounding your case and their level of complexity. You can verify the information by checking the Divorce, Separation, and Annulment section of the Oregon Judicial Branch Website for more details about the types of divorce offered in Oregon and specific forms that are required to prepare your case.
If your marriage or domestic partnership consists of limited issues, you can file for a summary divorce. This type of dissolution permits you to terminate your marriage or domestic partnership without the cost and delay of a court hearing.
Your case must adhere to the following requirements to qualify for summary dissolution:
- You have been married for 10 years or less;
- Neither spouse is pregnant;
- You and your spouse have no minor children and no adult children currently enrolled in high school;
- You and your spouse own no real property or any interest in real estate, including land and buildings;
- Your personal property, both individually and jointly-owned, is worth less than $30,000 after deducting any
- money owed (for example, a vehicle loan);
- Your individual and joint debts total no more than $15,000;
- You give up all rights to spousal support;
- You give up all rights to temporary orders, and;
- You have no other divorce actions pending in any other state.
If you qualify for a summary dissolution, you must file the following forms listed below:
- Instructions;
- Petition for Summary Dissolution;
- Summons;
- Proposed Judgment or Order;
- Acceptance of Service (if spouse waives service);
- Declaration of Service;
- Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership and;
- Dissolution of Marriage.
If your case does not necessarily meet the requirements for summary dissolution, you must file for a full-blown dissolution. Oregon law mandates the following forms for couples who do not have children:
- Instructions;
- Petition;
- Petitioner’s Affidavit Supporting Judgment of Dissolution;
- Confidential Information Form;
- General Judgment of Dissolution and Money Award;
- Summons: Domestic Relations Suit;
- Acknowledgment;
- Affidavit of Service;
- Acceptance of Service, and
- Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership.
If you and your spouse or domestic partner have biological or adopted minor children together, you must file the forms in addition to the standard dissolution forms listed below:
- Supplement to Petition;
- Certificate re: Pending Child support Proceedings and Existing Child Support Orders/Judgments;
- Petitioner’s Certificate of Mailing to DCS (Division of Child Support) and;
- Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership.
Again, it is crucial that you check the local state’s website for more updated information regarding the necessary forms to be filled. If you need further assistance it can be useful to reach out to the local family law attorney in Oregon.
What is the Process of Filing Your Forms?
Once you have collected all the necessary paperwork, you must file it in the correct county, meaning where you currently reside or where your spouse resides in accordance with the Oregan regulations. A summary dissolution is considered simple divorce. The forms and instructions are free of charge and are available at county courthouses. To use the summary dissolution forms, you must meet all of the following requirements listed below:
- Residency – You or your spouse are a resident of Oregon and one of you has been residing here for the last six months;
- Duration of Marriage – You have not been married for more than ten years;
- Children – You have no minor children (or children 18-20 years old attending school), born to or adopted by you and your spouse, either before or during the marriage. The wife is not pregnant now;
- Real Property – Neither you nor your spouse owns any real property (land, houses, or buildings) anywhere;
- Personal Property – The combined net value of the personal property owned by you and your spouse is not valued more than $30,000;
- Debts – The combined unpaid debts of you and your spouse during your marriage are not more than $15,000;
- Spousal Support (Alimony) – Neither spouse is seeking spousal support;
- Temporary Orders – Neither spouse is asking for any temporary orders (except a restraining order in a separate
- Family Abuse Prevention Act case); and;
- Other Divorce Actions – There is not any other divorce or annulment proceedings involving this marriage filed in any court and not yet decided.
If you do not meet all of the requirements for summary dissolution, you will have to supplement with other forms available through the court or the website noted above, or contact an attorney. The summary dissolution forms and other self-help forms are designed to help get you a divorce process.
It may be helpful to see an attorney before you file the forms, to ensure you have filled them out correctly. You may have questions about the procedure or want advice about your individual rights and responsibilities. If your spouse contests the divorce by filing papers with the court, you should try to obtain legal advice.
What are the Oregon Residency Requirements and Reasons for Divorce?
Oregon is a no-fault divorce state, meaning there is no option to file a fault-based complaint. Many people prefer the no-fault method of divorce, as it provides the flexibility to the parties to terminate their marriage without raising potentially embarrassing facts or allegations.
Rather than bring up any accusations of wrongdoing, the filing spouse states that the parties have “irreconcilable differences,” which implies that the couples do not get along and there is no possibility of reconciling. In Oregon, you do not need the other person to be in agreement that marriage is beyond saving. The court will end your marriage or domestic partnership regardless of whether the other spouse consents to the divorce.
To file for divorce in Oregon, you must also meet the state’s residency requirements as previously stated above. Under the state law, at least one party must have lived in Oregon for six months or longer. You can also obtain an Oregon divorce if you were married in the state, and at least one spouse currently resides there. If you were married in Oregon, it does not matter what the duration of your stay in the state is as long as you make your home within the state. The petitioning spouse must complete a certificate of residency with the court, stating that at least one party resides presently in the filing county.
When Do I Need to Contact A Lawyer?
If you live in the state of Oregon, you can seek assistance from a local Oregon divorce lawyer to help with the divorce process especially if there are many complex issues that arise throughout the proceedings.
