Responding to Petition for Divorce with Children - Oregon
INSTRUCTIONS - Page
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Disso-1D: Instructions1DVer10.doc (8/12)
Responding to Petition for Dissolution (Divorce), Cases with Children
Instructions for Packet 1D
Notice about these instructions and forms.
These instructions are not a complete statement of the law. They cover basic procedure for uncomplicated
divorce cases. For legal information, please talk to a lawyer or visit your local law library. Each court has local rules,
programs and procedures that may not be explained in these instructions. Information about how to contact your local
court may be found at the Oregon Judicial Department website: http://www.courts.oregon.gov.
This set of forms and instructions explain how to file a response to a petition for dissolution. When filling out
the forms, follow these directions:
• The case heading is the same as listed on the petition you were served.
• Some forms have to be notarized or signed in the presence of a court clerk. You will need your picture ID for
this. Many banks provide notary services.
• Some forms say on the bottom, “I certify that this is a true copy,” and provide a place to sign. Don’t sign this
line on the original form or on your own copy. You need to sign this line only on the copies for your
spouse/partner.
• Make yourself a copy of any document you are filing with the court. File the original with the court clerk.
• 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.
STEP 1: FILING YOUR RESPONSE
You have 30 days following the date you were served with the petition to file a written response with the court
clerk and pay the filing fee. If you feel you can’t afford to pay the fee, you may ask the clerk for a Motion and Affidavit
for Waiver or Deferral of Filing Fee or use Packet #10. You may fill out this form and file it with the court requesting
that your filing fee be waived or deferred. If the fee is waived, you don’t have to pay the fee back. If the fee is deferred,
most courts will require that you pay the fee at a later date.
In the response, space is provided for you to state that you disagree with certain items asked for in the petition.
You may also write in items that you would like the court to order that were not included in the petition. These are called
“counterclaims.” If you agree with everything asked for in the petition, you are not required to file a response. The
court will enter judgment based on what was asked for in the petition.
Legal Issues to Consider.
Oregon law requires a number of issues be addressed in the final divorce judgment. Before you fill out your
response, you should review what your spouse/partner asked for in the petition, and think about how you want to handle
these issues.
Also, if you were not served with the petition in Oregon, or if you haven’t lived in Oregon for a long period of
time, you may be entitled to respond by objecting to service or jurisdiction. However, these are complicated legal
determinations and you should talk to an attorney about what kind of response to file if either of these situations apply to
you.
Parenting Plan. A parenting plan is required for cases involving a minor child. The plan sets out the schedule
and rules for each parent’s time with the child. The parenting plan may include safety provisions for the child if domestic
violence, substance abuse, child abuse or other circumstances are involved in your case.
A mediator can help parents create a parenting plan. Information about parenting plans may also be available
through your court’s parent education program, the courthouse facilitator, or your local law library. The Oregon
Judicial Department and the State Family Law Advisory Committee have created a “Basic Parenting Plan Guide
for Parents” with information about how to develop a plan, information about alternative schedules, and ages and
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