Dissolution (Divorce) Co-Petitioners, Cases without Children - Oregon

INSTRUCTIONS - Page 2 of 3
9B-Co-Petitioners: Instructions9BVer07.doc (8/12)
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Keep the court informed of your current address so you get notice of all court dates. You are not required to
use your residential address on any court form. You may use a contact address where you regularly check in. If
you use a contact address, the court will assume that you will receive all notices sent to that address. Note: If you
fear for your safety, you may be able to obtain a non-disclosure order. Consult with your local court for
instructions as well as the appropriate forms.
S
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Y
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D
IVORCE
Legal Issues to Consider.
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.
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 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. Spousal maintenance may be ordered for the support of
one spouse. 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 Co-Petitioners 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 children or the parties are not
prohibited. By filing your co-petition, you agree to be bound by the terms of this order. The order is effective
immediately upon filing of the co-petition. If either co-petitioner violates the order, s/he may be subject to sanctions.
The “Notice of Statutory Restraining Order Preventing the Dissipation of Assets in Domestic Relations Actions” may be
found in this Packet 9B.
For information about these issues, talk to a lawyer and/or go to the Oregon State Bar’s web site for “Legal Links”
(www.osbar.org) and read under “Oregon’s Laws” the sections on “Bankruptcy and Credit,” “Real Estate,” and “Taxes.”
If either spouse 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 www.leg.state.or.us/ors).
Initial Forms to File as Co-Petitioners.
To get the divorce case started, fill out the following forms and file them with the clerk:
• Co-Petitioners’ Acknowledgment about Dissolution (Divorce)
• Co-Petition for Dissolution of Marriage
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Confidential Information Form (CIF)
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Notice of CIF Filing
• Record of Dissolution of Marriage (Vital Statistics form; Available from your local court)
Confidential Personal Information.
Please read the Confidential Information Form (CIF) information sheet. Certain personal information required by
your paperwork will be protected from public disclosure.
Make copies.
Make one copy of all of the forms for your and your spouse’s records.
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