Dissolution (Divorce), Cases with No Children - Oregon
INSTRUCTIONS - Page 4 of 6
1C Dissolution No Children Jackson
6/12/15
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 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/partner 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, use Packet 6A-Alternative Form of Service.
STEP 2: WAITING FOR A RESPONSE; TAKING A DEFAULT
Oregon law gives your spouse/partner 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/partner may ask the court to waive or defer the fee.
If your Spouse/partner is in the Military.
If your spouse/partner is in the active military service of the United States and has not responded to the
petition, you may have to go through some extra steps. The court won’t go further with your case
until
one
of the following things has happened: (1) your spouse/partner is no longer in the active military, (2)
your spouse/partner has waived his or her rights using the Waiver of Right to Stay of Proceedings form, or
(3) the judge holds a special hearing in your case. You may get a Waiver of Right to Stay of Proceedings
form from the courthouse facilitator or use Form #6G. You may need to talk to an attorney if your
spouse/partner is not willing to sign the waiver.
Check for Response.
Your spouse/partner 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/partner. If a response has been filed, you
will not be allowed to take a default and you will go straight to step 3.
No Response Filed; Requesting a Default.
To ask the court to enter a default, you must fill out the forms listed in Step 2: Waiting for Response;
Taking Default and file with the court any time after 30 days have expired from the date of service.
Page 4/40
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