Dissolution (Divorce), Cases with No Children - Oregon
INSTRUCTIONS - Page 5 of 6
1C Dissolution No Children Jackson
6/12/15
STEP 3: RESOLVING YOUR
C
ASE
Temporary Orders.
You may ask the court to make temporary orders after the petition is filed. Temporary orders are in effect
once signed by the judge and last until changed by the judge, or until the final judgment is signed by a
judge, or the case is dismissed. For example, either spouse/partner may request an order for spousal
support, an order preventing one or both parties from getting rid of property owned by both
spouses/partners, or an order requiring one spouse/partner to move out of the family home. To make any
of these requests, you file a “motion” (request) asking the court to do what you want. You may need the
assistance of an attorney to file these requests or you may use Packet 4 located at
www.courts.oregon.gov/Jackson
in the Family Law Forms section.
In addition, all courts have restraining order forms for cases involving domestic violence. A restraining
order can usually be obtained within a day or two of filing if there has been abuse in the last 180 days,
and if there is further danger of abuse. Check with your local court about forms and filing instructions.
Conferences with the Judge.
Many courts will schedule a “status”, “pretrial” or “settlement” conference if a response has been filed.
These meetings usually take place with a judge with both spouses/partners present, along with their
attorneys if they are represented. You must attend any conferences that are scheduled unless you have
received permission from the judge not to attend.
At the conference, the judge will probably talk to you about how the case is going to be resolved, may
consider requests for temporary orders and will probably set future court dates.
Working Toward Agreement.
The court wants to help you resolve the issues that you and your spouse/partner disagree on. You may
discuss these issues with your spouse/partner directly if it is safe for you to do so and if no court order
prohibits that contact. You may also discuss them with your spouse’s/partner’s attorney. If you can’t
resolve the issues on your own, the court may provide a number of options to help you, including
mediation and arbitration.
Mediation. A mediator is a person trained to help people resolve disagreements. You may meet
with a mediator to resolve the financial issues in your case. You may ask to meet with the mediator alone
if you are uncomfortable meeting with the other parent for any reason. Jackson County Court does not
offer financial mediation. You may wish to refer to the yellow pages for private mediation services.
Arbitration. Some courts refer spouses/partners who disagree on how to divide their property to
an arbitrator. The court may also ask the arbitrator to resolve spousal support issues. An arbitrator is a
lawyer appointed by the court who meets with both spouses/partners and their lawyers, if they are
represented, and makes a decision about how the property should be divided. Both spouses/partners are
required to pay for this service unless the court has speci
fically waived or deferred the arbitrator’s fee. If
either spouse/partner disagrees with the arbitrator’s decision, he or she can ask the court for a trial. If a
trial is not requested, the arbitrator’s decision is final unless both spouses/partners agree on another
resolution.
STEP 4: FINALIZING YOUR
D
IVORCE
A divorce is “final” the date the judgment of dissolution (divorce) is signed by a judge. If there are still
items that you don’t agree on, the court will probably set a date for a “final hearing” or trial. Some judges
may want you to attend a “settlement conference” (a meeting between the parties to discuss settlement,
usually led by a different judge than your trial judge) to help you come to agreement.
Forms to Finalize Your Divorce.
Complete the forms listed in Step 4: Finalizing your Divorce.
You may also need to file the following additional form, depending on your circumstances.
•
Uniform Support Declaration. This form is only required if a response was filed, and you and
your spouse/partner do not agree on spousal support.
Page 5/40
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