Dissolution (Divorce), Cases with No Children - Oregon

INSTRUCTIONS - Page 2 of 6
1C Dissolution No Children Jackson
Legal Issues to Consider before completing your documents.
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.
You may not know what real or personal property to ask for in the beginning because you are not sure
what property you own either alone or together with the other party. Or you may not know how much
spousal support to ask for in the beginning because you do not know how much the other party earns.
The Petition provides options for either indicating a specific amount or distribution of property or, where
you do not know, you may ask that these be made
equitably” (i.e., fairly) or prior to judgmentso that
you have time after filing the petition to find out what property you own or how much the other party
earns. HOWEVER:
if you do NOT ask for a specific amount or distribution in the Petition, or
what you ask for in the Judgment is different from what you asked for in the Petition, the court
may require you to re-serve documents on the other party before it will enter a final judgment.
This is so that the other parent knows what is being asked for in the Judgment is different from what was
in the Petition.
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/partner 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/partner. Spousal maintenance may be ordered fo
r the support of one spouse/partner. 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 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. By filing yo
ur petition, you agree
to be bound by the terms of this order. The order is effective on both the petitioner and the
respondent once the notice has been served on the respondent. If you violate the order, you may be
subject to sanctions. You must attach a copy of the Notice of Statutory Restraining Order Preventing the
Dissipation of Assets in Domestic Relations Actionsto the Summons and serve it on the Respondent.
For information about these issues, talk to a lawyer and/or go to the Oregon State Bar’s web site
(www.osbar.org), Public Info” and read under Legal Information Topics” the sections on “Bankruptcy and
Credit,” “Real Estate,” and “Taxes.” If either spouse/partner 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
If Both Spouses/partners Already Agree.
There are two ways to handle your case if both spouses/partners agree on all issues: (1) one
spouse/partner can file as petitioner, the other spouse/partner can accept service of the petition and not
file a response (if there is no disagreement with what the petitioner requested in the petition) and
judgment will be entered based on what was stated in the petition, or (2) the parties can file as co-
petitioners (see Packet #9B). Forms to file as co-petitioners may also be available through your local
court, courthouse facilitator and/or attorney.
If your spouse/partner (the respondent) does not agree with you at first and files a response, then later
decides that what you requested in the petition is okay, he or she can file a Waiver of Further Appearance
and Consent to Entry of Judgment form to avoid having to go through the court process
further. Your
local courthouse facilitator can help you with this process.
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