Many people imagine the dissolution of marriage in different ways. For some couples, it may include endless visits to the court and expensive lawyers’ bills. For others, it is a peaceful separation on fair terms.
In Oregon, getting a divorce is not much different from a breakup in other states. However, spouses should consider the specifics of Family Law and state requirements to successfully file divorce papers and get a marriage dissolution smoothly and inexpensively.
Meet Residency Requirements
Before a spouse can apply for divorce, they must meet the mandatory Oregon residency requirements. By law, at least one spouse must have lived in the state for at least six months before filing. Even if the petitioner does not meet this requirement, so long as the respondent does, the claimed spouse has the absolute right to apply in the state.
To confirm the residency, a spouse can use their driver’s license, utility bills, voter registration card, or a pay stub showing the place of employment.
Choose Grounds for Divorce
Oregon is a no-fault state. It allows couples to divorce without specifying the exact reason for the breakup. Instead, they only need to indicate that irreconcilable differences have led to an irreparable breakdown of the marriage.
Besides, the state has three other valid reasons connected with marriage conditions. They are the following:
- marrying under the legal age,
- lack of sufficient understanding to consent to the marriage, and
- marrying due to force or fraud.
However, the court may automatically annul these grounds if the spouse, knowing about the other spouse’s misconduct, remained in the marriage. For example, having learned that they were cheated and forced to marry, the partner did not immediately file for divorce.
Although Oregon is a no-fault state, the filing spouse may provide proof of the other spouse’s wrongdoing in matters related to child custody and benefits. It can give them advantages because the court always tries to reach its decision following the child’s best interests.
In matters such as spousal support (alimony) or property division, the spouse’s misconduct will not affect the judge’s decision. Instead, the court will examine them by state law.
Complete Divorce Papers
When the spouses have met the mandatory requirements for filing for divorce, they can move on to filling out the paperwork. There are a couple of nuances to consider here.
First, partners need to decide on the type of divorce. It will determine the number of required forms, length, and cost of divorce.
The best option is an uncontested divorce. The spouses agree to all the divorce terms in amicable separation, without exception. In this case, the court only checks their agreements and approves them.
If the couple can not compromise and have at least one controversial issue unresolved, the judge will consider their case contested. Then, the court will need additional time to consider all aspects and make a fair decision regarding both spouses.
Second, spouses should decide exactly how they will complete the papers and file for divorce – on their own or using a lawyer.
Suppose the spouses decide to do a do-it-yourself divorce and represent their interests in court without an attorney or want to save money on the lawyer’s services and prepare legal forms independently. In this case, they can use the services of online divorce companies. Couples can also download the papers on the official court website or stop by the court and select the necessary documents there.
Online divorce is a fast and affordable tool for generating papers for an uncontested case. One of its main advantages is the high quality of documents that meet the state requirements and are customized for each case.
To complete divorce forms online, spouses should complete a questionnaire regarding their marriage and breakup. The system will process the data and help the married partners prepare the paperwork they need.
If spouses wish to download or select the required documents in court, they should be ready to face an abundance of different forms. In addition, if a person does not have special training, it may be challenging to understand and fill out the necessary papers correctly. And if the court rejects the prepared forms, they will have to pay the filing fees again.
The list of basic documents include:
- Petition for Dissolution of Marriage;
- Summons;
- Confidential Information Form;
- Notice of Statutory Restraining Order Preventing Dissipation of Assets; and
- Notice of CIF Filing.
Depending on the case specifics (the presence of minor children, controversial issues, etc.), the list of forms may be supplemented.
File for Divorce in Oregon
The petitioner should prepare three copies of the documents before applying and starting the divorce process. Two copies are distributed between the spouses after a clerk review, and the original papers are submitted to the court.
The clerk checks them, and if everything is correct, they put a stamp and send forms to the court.
The petitioner, meanwhile, has to pay filing fees. If their income is low, they can file a waiver for payment.
Spouses should file divorce papers in the county in which they live. However, if the spouses are not sure they prepared the needed documents, they should contact the county clerk to clarify the issue.
Serve the Spouse
After submitting the documents, the court will set a waiting period. During this time, the filing spouse needs to transfer the divorce papers to the other spouse and notify them about their intentions to end the relationship. In Oregon, a petitioner can not serve a respondent in person.
There are several ways a spouse can serve their partner in Oregon:
- hire a sheriff;
- hire a state resident over 18 who is not associated with the divorce case.
If the respondent agrees to sign the Acceptance of Service form, the petitioner does not need to serve them formally.
Final Words
To make the divorce proceeding less stressful, spouses should work as a team. Yes, their marriage broke up, but it does not mean they need to become enemies and use dirty tricks against each other. After all, even if one of the partners committed misconduct, it is in their interest to end the judicial trials as quickly as possible.
