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

INSTRUCTIONS - Page 3 of 3
9B-Co-Petitioners: Instructions9BVer07.doc (8/12)
Have your documents reviewed.
You may have your documents reviewed by a lawyer or a courthouse facilitator (if your court has one) before you
file. For information about how to find a lawyer, call the Oregon State Bar Lawyer Referral Service (1-800-452-7636).
If you are low income, you may get your documents reviewed for a smaller fee through the Oregon State Bar’s Modest
Means program, or you may call your local Legal Aid office (http://www.oregonlawhelp.org). Contact numbers are
listed in the additional resources section at the end of these instructions, and in the “Local Family Law Practices and
Procedures” for your court attached to these instructions.
File the forms.
File all of the original forms that are listed above with the court clerk. The court clerk will ask you for a filing fee
when you file your papers. Check with your local court to learn the amount of the filing fee. If you feel you can’t afford
to pay the fee, you may ask the court to waive or defer your filing fee. Use Packet #10 of these forms, or check with your
local court to see if they require a different form. This form needs to be filled out and filed with the court. If the fee is
waived, you don’t have to pay the fee. If the fee is deferred, most courts will require that you pay the fee at a later date.
The clerk will give you a number of handouts when you file your papers. The handouts usually include a notice
regarding continuation of health coverage, a copy of ORS 107.089 (documents parties may have to give each other),
notice regarding mediation, family law guidelines and services, and a family law resource list. The clerk will give you
two copies of each handout: one for you and one for your spouse. You aren’t required to give the copy of ORS 107.089
on your spouse, but if you do, both spouses must follow what it says.
S
TEP
2:
F
INALIZING
Y
OUR
D
IVORCE
A divorce is “final” on the date the judgment of dissolution (divorce) is signed by a judge.
Forms to Finalize Your Divorce.
The following forms are required to finalize your divorce:
Stipulated General Judgment of Dissolution [without Children]; and Money Award
Co-Petitioners’ Affidavit Supporting Stipulated Judgment of Dissolution (Without Children)
Co-Petitioner’s Ex Parte Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and
Order
Co-Petitioner’s Affidavit in Support of Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of
Hearing
You may also need to file the following additional form, depending on your circumstances.
Waiver of Personal Service. After the judgment is signed, if one spouse doesn’t do what it says, the other
spouse may ask the judge to enforce the judgment. The spouse asking for enforcement is required to personally
serve (deliver) the other spouse with notice of this request. If you would like to waive the requirement of personal
service, you may use Form #6D – Waiver of Personal Service or a form required by your court, if different. You are
responsible for making sure you get all papers delivered to the address you list.
The Final Judgment.
The judgment finalizes your divorce and contains all of the issues decided through your agreement. If both spouses
agree on all issues, it may be prepared by either spouse as long as it is reviewed and signed by both spouses. The
information should be the same as your agreement.
If you are responsible for filling out and filing the final judgment, make a copy for yourself and one for your spouse,
and file the original with the court. If your case involves child or spousal support, file an extra copy of the proposed
judgment with the court.
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