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What are the grounds for Dissolution of a Marriage in Oregon?
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Answer:
Oregon is a "no fault" state. Marriages in Oregon are terminated by "dissolution", without any requirement of a finding that one party is at fault. This means that you need only state that "irreconcilable differences have caused the immediate breakdown" of your marriage. The Court is not concerned with the specific problems that led to the breakdown of the marriage. Nor is there any need to show that one party is at fault. Technically, the term "divorce" is not used to describe the termination of a marriage under Oregon law. The term "dissolution" more accurately describes the no-fault process.
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How is an action for divorce commenced in Oregon?
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Answer:
An action for divorce begins when you sign and file your Petition for divorce, which states that there has been a breakdown of your marriage, and sets forth your requests with respect to children, property, debts and support. You will also complete a Certificate of Residence, and a Record of Dissolution of Marriage, which asks for basic information regarding you and your spouse, such as addresses, dates of birth, Social Security numbers, etc.
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What happens After the Petition for Dissolution is Filed?
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Answer:
After the Summons and Petition is filed with the Court and delivered to your spouse, you must wait at least ninety (90) days from the date your spouse is served before obtaining a Judgment of Divorce. Under the law, this period is intended to allow for possible reconciliation. The law states that this period does not apply to situations in which spouses file a co-petition for divorce. However, some counties require spouses who file a joint petition to sign a waiver of the ninety-day period.
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Is it necessary to attend a court hearing?
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Answer:
Usually, no. In most cases, if the divorce is uncontested, then after the ninety-day waiting period, you file your appropriate forms with the clerk's office and simply wait for the judge to sign your Judgment of Dissolution.
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What factor is used by the court to determine custody of children?
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Answer:
Custody decisions are based on the "best interests" of the children. Under the law, neither the father nor the mother is given preference in determinations of custody. The Court will order the parent not having custody (the "non-custodial parent") to pay child support based on his or her income.
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What factors are used by the court to determine spousal support (alimony)?
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Answer:
The court considers such factors as the length of the marriage, the ages of the parties, their health and conditions, their work experience, their earning capacities, and any impaired future earning capacity. Other factors taken into account include the standard of living that parties had during the marriage, tax issues, and responsibility for debts.
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How is child support determined under Oregon law?
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Answer:
Oregon child support is based upon official scales and formulas. Factors include the needs of the child, parent's ability to pay support, standard of living child would have enjoyed if the marriage had not been dissolved, educational and emotional needs of the child, potential earnings of the parents, needs of other children/dependents, and tax consequences.
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What is the Procedure if my spouse and I file a Co-Petition for divorce?
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Answer:
On the same day that you and/or your spouse file a co-petition, you can also file the other forms necessary to complete your divorce, including
- Motion and order waiving 90-day waiting period;
- Motion for judgment without hearing; Affidavit of Petitioner;
- Judgment of Dissolution of Marriage;
- Child support computation worksheets if there are children involved;
- Support Order Abstract if child or spousal support is awarded.
The procedures for a co-petition are much simpler than those required if you are filing on your own (as a sole petitioner).
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Are procedures for the divorce different if I chose to file as a sole petitioner (without my spouse's signature on the petition)?
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Answer:
Yes, the divorce procedure is more complicated if you commence the case as the sole petitioner. The law requires that your divorce papers be served on your spouse by a competent individual who is over 18 years of age and who is not a party or an attorney for a party. The papers should be served on your spouse by the sheriff or a professional process server. Do not, under any circumstances, attempt to serve the papers yourself. After service of the papers, the sheriff or process server will provide you with proof of service, which you should take to the clerk's office to be placed in your court file. You must wait 30 days from the day after your spouse is served with the summons and petition. If your spouse has not filed an answer within this thirty-day period, you may file a motion and affidavit for judgment by default.
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How can I obtain forms required for the dissolution proceeding?
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Answer:
Regardless of whether you will be filing a sole Petition, or a co-Petition for dissolution together with your spouse, you can utilize our on-line application form to obtain fully customized divorce papers, which are guaranteed to meet the filing requirements of your counties. Our customized forms contain your personal information. All you need to do is sign and deliver the papers to your local court clerk. Thousands of Americans have utilized our system to avoid the expense and hassle of hiring an attorney. If you and your spouse are in agreement on all issues, our system is perfect for you.
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Why are Divorcetoday.com's prices so much lower than the fees quoted by attorneys in my area?
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Answer:
We have a simple philosophy: You do not need to pay high legal fees for a simple divorce case! If you and your spouse have significant disputes, we encourage you to contact a lawyer. However, we believe that in cases where both parties are in agreement, our professionally prepared forms provide an ideal yet cost-effective solution. You pay only for the basic forms that you need, and your information is conveyed to us by a simple, secure on-line application form. All of our services are fully guaranteed. Unlike lawyers, we do not charge you for services that you do not need.
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What is your refund policy?
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Answer:
Because the vast majority of our customers find that our forms and instructions are excellent, and give them the ability to obtain an inexpensive and hassle-free divorce, we gladly offer an unconditional, no-questions-asked refund if your request is made within ten days of your purchase. We guarantee all of our products and services.
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