How Do I Fill Out The Divorce Petition
The petition tells the judge and your spouse what you are asking for in the divorce. If a lawyer is representing you, he or she will write the petition after talking to you about what you want. If you are using “do-it-yourself” forms, the class you go to or the instructions you receive will give you information about the kinds of things you can ask for in a divorce.
After the petition is written, it is filed at the courthouse. Other legal paperwork is required, too. A few courthouses have a staff person to help with family law paperwork and procedures.
A Guide To Filing For Divorce In Oregon
To give you the best chance at a fair outcome for your divorce, you need to understand the rules and processes that will govern your case in Oregon. Many of these are common to all cases and knowing what they are will give you a higher degree of confidence as you work through each of the issues.
Here are some important things to know:
What Are The Costs For Filing And Serving The Petition
When you file the petition with the court clerk, you will be charged a filing fee of approximately $400. Each county charges its own fees based on services offered there call the Circuit Court Clerk’s office at your local courthouse to find out the cost and fees in your county.
If you have a county sheriff in Oregon serve the divorce papers on your spouse, you will be charged a service fee of approximately $25.
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What Are The Factors For Child Custody In Oregon
Oregon law directs that the court consider the following factors when deciding which parent will make legal decisions for the children :
- the emotional ties between the child and other family members
- the interest of the parent in the child and the parents attitude toward the child
- the desirability of continuing an existing relationship
- the abuse of one parent by another
- the preference for the primary caregiver of the child, if the caregiver is deemed fit by the court and
- the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
- In practical terms, this means that often the parent who has accepted primary responsibility for caregiving duties will be awarded legal decision-making for the child, so long as that person will also encourage on-going contact between the children and the other parent.
Q: What If I Have Questions While I Am Filling Out The Oregon Divorce Forms
A: For as low as $99.00, Oregon Divorce Document Services can assist you with completing your Oregon Divorce forms. Contact us if you need answers to your questions about the forms. We always recommend you consult with an Oregon attorney before any legal course of action. Oregon Divorce Paralegal Document Services works with a network of Oregon attorneys. Upon request, Oregon Divorce Paralegal Document Services will provide you with referrals to an Oregon family law attorney.
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Fill Out The Divorce Forms
Like with any process, there is the moment when it begins.
In the case of divorce, that is when one spouse completes and files the Petition for the Dissolution of Marriage.
Five pages long, the Petition for the Dissolution of Marriage lays out all the pertinent facts about the case.
Though the underlying reasons for this are likely complicated, as far as ending your marriage goes, this first step is relatively simple.
On this form, you provide all of the pertinent information for both you and your spouse. This includes:
- Where you live.
- The date of your marriage.
- The length of your marriage.
- Each partys current living situation.
You also answer other relevant questions. Depending on the situation, this includes information about:
- Child custody/guardianship.
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How Can I Initiate My Divorce Case In Oregon
In the majority of cases either you or your spouse must have resided in Oregon for at least six months before you can file for the divorce papers. If one of you meets that requirement, you need to complete the three things stated below to initiate your divorce:
- You must pay or be excused from paying the fees that are charged for filing a divorce petition. There may be be costs associated with for having your spouse served
- You must fill out and file a Petition for Dissolution of Marriage with the Circuit Court Clerks office in the court of the county where either you or your spouse reside. The petition details the court and your spouse what you are requesting for in the divorce and
- You must have the petition served on your spouse. This lets your spouse know that a divorce action has been started and what you are requesting.
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What Does Dissolution Of Marriage Mean In Oregon
In Oregon, a divorce is more accurately referred to as a dissolution of marriage in court filings. This is because the legal entity of marriage is being dissolved by the court. Oregon is a no fault state so it would be incorrect to say one souse is suing the other for divorce. Either spouse in a divorce can request of a court that the marriage be dissolved.
Working With An Oregon Attorney
Whether you have questions about divorce or are ready to get started, it is crucial to work with an attorney capable of handling your case and helping you work through your marital issues. Levine Law Center LLC has worked with numerous clients on their divorces and has helped them achieve the best possible outcome. Let us do the same for you.
To set up a consultation with our Oregon attorneys, call us at 433-8340 or visit our website and fill out an online form.
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Is It Ok To Date While My Divorce Is Pending
Dating during divorce will not legally affect the division of property or the granting of the divorce. However, there are recommended guidelines for parents in terms of introducing new partners to the children, based on psychological research. Most experts recommend parents wait a year before introducing a new person to the children.
Or Child Custody And Support
The court will develop a parenting plan keeping the best interests of the child in mind that ensures that the non-custodial parent has adequate access to the child if your spouse and you are not able to develop a parenting plan or if one of you request the court to develop a plan. The court will consider the following factors to determine the best interests of the child:
Interest of both spouses in the child and their attitude towards the child.
If the parties desire to continue the existing relationship.
Emotional relationship between the child and other members of the family.
Abuse of one spouse by the other.
Preference of the childs primary caregiver.
Ability and willingness of each of the parents to encourage and facilitate the close relationship between the child and the other parent.
The child support will end if a minor child gets married or becomes self-supporting, emancipated or stops attending school when he/she becomes 18 years old. The parent must pay support even if he/she does not have visitation rights and even if youre not receiving child support, you are required to comply with the visitation orders of the court. Any violation of the orders pertaining to child support is punishable by imprisonment, fine or some other penalty.
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What Is An Annulment
An annulment is a legal process which allows a marriage to be declared void, and is extremely rare. An annulment may be granted only if one of the following circumstances exist: either party was incapable to consenting to the marriage because they were underage or lacked the capacity to understand the marriage contract, when the consent of either party was obtained by force or fraud, or either party was already married at the time of the marriage or when the parties are first cousins or near kin to each other. If an annulment is granted, the marriage ceases to exist.
How Do Oregon Judges Handle Property Division During A Divorce
The court is ordered to divide property in a just and equitable manner. This does not necessarily mean an equal division, but rather one that is fair under the circumstances. Any asset or debt acquired during the marriage is subject to a presumption of equal contribution. This means the court assumes that all assets were acquired due to the joint efforts of the parties, even if one party was a wage earner and the other was a homeowner. Because of this presumption, most often we see marital assets being equally divided. Premarital assets or those that were inherited and kept separate are not subject to this presumption, although the court still has the authority to divide those assets if that would the equitable solution.
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Variations Of Divorce Mediation
Does It Make A Difference Who Files For Divorce First
Although there is no legal difference related to who files first, there may be strategic reasons associated with the timing of filing for divorce. Procedurally, the person who files first becomes the Petitioner and will present their case first at trial the person who files second becomes the Respondent and will present their case after the Petitioner.
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Can I File For Divorce In Oregon Without Using A Lawyer
Yes. If your divorce is uncontested and you agree on all settlement issues, you can go through the divorce process in Oregon without using a lawyer.
Oregon has a short form summary dissolution that people can go through if they have a simple case and meet all the requirements. Many Oregon counties have family court facilitators at the courthouse to assist in completing and filing self-help divorce forms.
Does The Court Divide Retirement Benefits During A Divorce
Retirement accounts, pension plans, deferred compensation, profit-sharing, IRAs, vested and restricted stock, and other investment accounts are all assets subject to division by the court. In the case of a pension or retirement plan, the parties General Judgment must include specific language explaining how the retirement plan is to be divided and what the valuation date will be. After the divorce, an additional document is submitted called a Qualified Domestic Relations Order , which actually instructs the Plan Administrator how to divide the account. Specially trained lawyers draft these QDROs to comply with the specific Plan rules.
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How Much Does It Cost To File For A Divorce In Oregon
To file for a divorce in Oregon, a petitioner must pay a $273 filing fee. There will also be an additional fee if you use a sheriff or a process server to complete proof of service. This may run $25 to $75. This amount will vary depending on which method you choose.
When a defendant responds, they will also need to pay a $273 filing fee as well.
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Or Alimony / Spousal Support
Spousal maintenance that must be paid by one spouse to another for a specific or indefinite period of time depends on the following factors:
Length of the marriage.
Health and mental, physical and emotional condition of both spouses.
Standard of living maintained by both spouses while they were married.
Income and earning capability of both spouses.
Employment skills and training of the spouse seeking support.
Work experience of the spouse seeking support.
Financial requirements and resources of each spouse.
Tax consequences of each spouse.
Child custody and support responsibilities of the of spouse seeking support.
Any other relevant factors.
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Divorce Without A Lawyer In Oregon
Getting a divorce without a lawyer is a real opportunity to save thousands of dollars. For instance, Oregon lawyers charge $250 per hour and can make approximately $10,000 on a single divorce case.
When the couples represent their case without an attorney, they will only need to pay the court fees and cover additional costs, such as a parenting class, property evaluation, etc.
The main complications that the spouses may face are the divorce paperwork and following the rules of civil procedure. While they can learn the latter from the official documents, the paperwork might become a problem.
Fortunately, you always have Divorce.com to assist you in preparing legal papers for your marriage dissolution. This service automatically selects and fills out the court-required forms according to each clients situation.
The process is fast and affordable and doesnt require any specific knowledge of the legal system. A few steps youll need to take are checking your eligibility for using the service and answering several questions. Your divorce packet and filing instructions will be ready two business days later.
Will It Make A Difference Which Spouse Files First
Although there is no legal significance in who files first, there may be practical or strategic advantages in being the first to file. The filing of a petition requires the payment of a filing fee and results in the issuance of an automatic and immediate order freezing certain accounts, preventing cancellation of insurance policies, and prohibiting the changing of beneficiaries on retirement accounts. The divorce proceedings begin when the petitioner serves the respondent with a copy of the petition by either having the sheriff or private process server deliver such copy, or by having the respondent sign an acceptance of service which acknowledges receipt of such copy. The respondent must answer the petition within 30 days after being served.
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What If My Spouse Has Already Served Me With Papers For A Divorce
Youll need to read over the paperwork very carefully, and quickly decide how to respond. You typically have only 30 days from the date of service to respond or the court can enter a default judgment . In some proceedings, you may only have 14 days to respond. If you are served with papers, do not delay in contacting an attorney. Most attorneys are very busy and it may take an attorney a week or two to properly respond to pleadings filed by the opposing spouse.
What Are The Basic Steps For Filing For Divorce
While divorce laws vary by state, here are the basic steps:
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How Does A Legal Separation Differ From A Divorce
A Legal Separation is a court process that looks very similar to a divorce, in that the court will enter a judgment dividing assets and debts, awarding custody, establishing a parenting plan, and determining child and spousal support amounts. Some clients prefer a Legal Separation to divorce for personal reasons, such as religion or the need for continued healthcare. Legally separated parties cannot remarry until they are divorced. A legal separation judgment can be converted into a divorce by either party within two years.
How Long Do I Need To Have Lived In Oregon Before Filing For A Divorce In The State
If you were married in Oregon and either party is a resident of Oregon, then you can file for divorce anytime. If you were not married in Oregon, then at least one party must have lived in Oregon for six months at the time the divorce was filed. In a suit for legal separation, you can also file anytime. See ORS 107.075.
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