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Oregon Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Oregon. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Oregon, certain forms may or may not be required by the Oregon courts.
Petition for Dissolution of Marriage
A nine-page form, this petition starts the dissolution. If the husband and wife are filing jointly, one of them signs a Joinder of Respondent as Co-Petitioner (on page 8). The petition establishes the history of the marriage, residency of the spouses and their children, if any; proposes custody, child support and the terms and conditions of the distribution of real property, personal property and debt.
Certificate of Residency (UTCR 8.010.1)
A two-page form, this certificate authenticates that "one or both of the parties" currently reside in the county where the action has been filed. If the husband and wife are filing jointly, one of them signs a Joinder of Respondent as Co-Petitioner.
Certificate Re: Pending Child Support Proceeding and/or Existing Child Support Orders/Judgments (UTCR 8.090)
This two-page form certifies that the children of the marriage are (or are not) involved in any other child support proceeding in Oregon or elsewhere. When the husband and wife are filing jointly, a checked box on this form shows that they are co-petitioners.
Affidavit, Request to Segregate Protected Personal Information from Concurrently Filed Document and Segregated Information Sheet (UTCR 2.100)
These forms are used to protect personal information -- that is, Social Security Numbers -- from public scrutiny. Couples filing jointly so indicate on these forms.
Notice of Statutory Restraining Order Preventing Dissipation of Assets
This order, which accompanies the Summons, prevents the parties from dissipating the marital estate. It is effective pending the divorce action, and it prevents either party from cancelling any insurance to the detriment of the other.
Record of Dissolution, or Annulment
This state form is filed to record the dissolution.
Summons (Domestic Relations)
The Summons gives the Respondent 30 days to file an Answer or face a default. The Summons is notarized, and it is delivered to the Respondent with the Petition. When the couple file jointly, no summons is issued since both the spouses are co-petitioners in the action.
Motion and Order Allowing for Publication of Summons; Affidavit of the Petitioner
This form permits the Petitioner to advertise the Summons after he or she has made a good-faith but unsuccessful attempt to serve process on a missing spouse who cannot or will not be found. The Affidavit, which must be notarized, authenticates his or her good-faith effort to locate the missing partner. The motion and order, when approved, permits the Petitioner to publish the Summons in a newspaper once a week for four consecutive weeks, after which the Respondent is considered served.
Motion and Order Allowing Judgment by Default; Affidavit of Non-Military Service Ex Parte
The Petitioner files this form when the Respondent fails to file an Answer. The motion and order causes a default judgment against the Respondent. The Affidavit, which is notarized, affirms that the Petitioner states that the Respondent is not in the military and hence enjoys no protections under the Servicemembers' Civil Relief Act. It is filed ex parte, which means that the Respondent does not participate.
Motion and Order for Judgment without Hearing; Affidavit of the Petitioner
This notarized motion and order, which is signed by both spouses when the parties are filing jointly, and when approved permits the divorce to move forward without a court hearing. The affidavit supports the action, which can be taken when the couple agree (or come to an agreement after negotiating) about the terms and conditions of their divorce.
Motion and Order to Waive 90-day Waiting Period; Affidavit
This motion and order, which is singed by both spouses when they file jointly, speeds up the dissolution action when the parties have come to an agreement on the issues. The Affidavit supports the motion and order. This form can be filed 30 days after service when the Respondent fails to answer.
General Judgment of Dissolution of Marriage
This 25-page form, which is signed and notarized, describes the terms and conditions of the divorce and it includes Findings of Fact, an incorporated parent plan, a statement of parental responsibilities, child support, and the division and distribution of the marital estate.
Child Support Computation Worksheets (CSCW)
These worksheets are used to calculate the amount of child support, and it is based on state guidelines.
Oregon Courts decide child custody when the parents cannot. The court considers the best interests of the child when making a ruling. Child support payments are based on an income shares model. Each parent is required to contribute financially to their child's upbringing and each person's share is calculated in proportion to their income. Each parent must provide copies of his or her W-2s to verify income. Along with the income statements, the court considers each parent's ability to borrow funds, earning capacity, and the child's needs. The court may order the parent paying child support to buy a life insurance policy and keep it in force so that the child will still be supported if the parent dies before he or she reaches the age of majority.
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