Dissolution of Marriage (Divorce)

Important Note:  As of January 1, 2012, there is no longer a 90-day waiting period between the time your spouse/partner was served and the time the court can hold a final hearing on your case or sign the final judgment.  Due to budget cuts, we are unable to make this change in all of the instructions and forms; however, you do not need to file any request for waiver of this previous 90-day waiting period. 

 

Brief descriptions of content are provided to help you decide which Packet you may wish to use. The descriptions are not intended to provide you with complete information about the law or court procedure involved in each packet. For more information, please consult with an attorney.

Use only ONE of the packets listed below.

 

Packet 1A: Summary Dissolution/Domestic Partnership 
Packet 1B: Dissolution for PETITIONERS with Children
Packet 1C: Dissolution for PETITIONERS without Children
Packet 1D: Dissolution for RESPONDENTS with Children
Packet 1E: Dissolution for RESPONDENTS without Children
Packet 1F: REQUEST for WAIVER of 90-DAY WAITING PERIOD (Not required for actions filed on or after January 1, 2012)

 

 

Packet 1A - Summary Dissolution/Domestic Partnership 
Prepared pursuant to ORS 107.500.  Forms may also be obtained from your local court.

  • Instructions [Rev 8/12]
  • Petition for Summary Dissolution [Rev 8/12]
  • Summons [Rev 6/11]
  • Acceptance of Service [Rev 9/10]
  • Declaration of Service [Rev 9/10]
  • Petitioner's Motion for Default Order and Entry of Judgment by Default [Rev 5/14]
  • Order of Default [5/14]
  • Request for Waiver of 90 Day Waiting Period [Rev 8/12]
  • Notice of Statutory Restraining Order Preventing the Dissipation of Assets and Request for Hearing
  • General or Stipulated General Judgment of Summary Dissolution [Rev 8/12]
  • Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership-REQUIRED

    "Summary" means without a hearing. This packet is for a dissolution case with limited issues. This packet may be used if all of the following statements are true for you:
  • Residency. You or your spouse are residents of Oregon and have been continuously for the past six months before filing the petition for dissolution.
  • Length of Marriage. You have been married to your present spouse no more than ten (10) years.
    Children. You and your spouse have no minor children (under 18) born to or adopted by you and your spouse during or before the marriage. You and your spouse do not have any children age 18 years or older attending school. The wife is not pregnant.
  • Real Property. Neither you nor your spouse owns any interest in real property (land or buildings) in Oregon or elsewhere. (Mobile homes on rented land are not real property.)
  • Personal Property. The personal property that you and your spouse own, individually or together, is worth less than $30,000 after deducting any money you owe on that property (like a car loan).
  • Debts. There are no unpaid debts greater than $15,000 incurred by you or your spouse from the date of the marriage.
  • Spousal Support. You, as the petitioner, give up all rights to spousal support (alimony).
  • Temporary Orders. You, as the petitioner, give up all rights to any temporary orders (such as support payments or exclusive use of marital property) except restraining orders and orders that allow exclusive use of the residence under the Family Abuse Prevention Act (ORS 107.700 to 107.730) or under the Elder and Disabled Person Abuse Prevention Act (ORS 124.005 to 124.040).
  • Other Divorce Actions. You are not aware of any other pending (not yet decided) divorce, annulment, or separation proceedings involving your marriage and filed in Oregon or in any other state.

Back to Top of Page


Packets 1B and 1C —  Dissolution for Petitioners.
These packets can be used for most divorces that do not meet the requirements of Packet 1A-Summary Dissolution above. The "Petitioner" is the person who starts the court case by filing documents with the court. Both packets are for uncomplicated divorce cases with few documents. You may use the forms even if you own real property in Oregon, have many debts or need to ask for spousal support. Packet 1B is for cases with children, and Packet 1C is for cases without children. Packet 1BC has forms that are to be used with both Packet 1B and Packet 1C.

Caution — These packets may not work well for cases that involve:

  • children who have not been living in Oregon for the last six months,
  • the division of pensions,
  • complicated tax issues,
  • real estate located outside of Oregon or owned along with someone other than your spouse,
  • bankruptcy issues, or
  • if there is a pending personal injury case involving you or your spouse.

    1B—with Children

Orientation videos for petititioners who have children. The videos give instructions on how to fill out the necessary forms.

 

Back to Top of Page

 

1C—without Children 

 

Back to Top of Page


Packets 1D and 1E—Dissolution (Divorce) for Respondents.
A "Respondent" is the person who answers the other party's court papers. If you were served with a petition and if you do not agree with ALL requests in the petition, you need to decide whether to file a "Response." The Response is a document that allows you to list your objections and to make requests. If you agree with everything in the Petition, you may not have to file a response. Packet 1D is for a spouse answering a petition for divorce where children are involved; Packet 1E is for a spouse answering a petition for divorce where children are not involved.

1D—with Children

1E—without Children 

Back to Top of Page

 

Packet 1F:  REQUEST for WAIVER of 90 DAY WAITING PERIOD

Back to Top of Page