Uncontested Divorce in Oregon

An uncontested divorce is a very smooth and polished mode of terminating the marriage. In this type of divorce, the husband and wife agree with each other on topics like property distribution, child support, child custody, spousal support and visitation. The husband and wife part ways without any friction with each other and hence they can maintain good relations with each other after the divorce.

Dissolution means divorce in Oregon. The divorcing spouse who files the action is named as the Petitioner. The divorcing spouse who responds to the action is referred to as the Respondent. Sometimes it happens that both divorcing partners file jointly. In this case, they are called as co-petitioners.

Grounds of Uncontested Divorce in Oregon

Basically, this is a no-fault state. So, the ground of divorce is irreconcilable differences between the divorcing partners due to which their marriage has been broken down irremediably.

General grounds

• If 1 partner lacks mental capacity due to impairment, inclusive of temporary incapacity.
• A minor married in the absence of legal consent.
• If the consent to the marriage was procured by force, duress or fraud.

Procedure of Uncontested Divorce in Oregon

The divorcing couple has to file a co-petition for Dissolution of Marriage. This document must be signed by the divorcing couple. The terms and conditions that the divorcing partners have agreed with each other are mentioned in this form. The form asks the court to approve them.

The Certificate of Residency must also be filled by the divorcing couple. This document consists of the names of the counties where they reside. Then, the Certificate of Document Preparation must also be filed. This form includes the name of the individual who helped in the preparation of the various divorce papers, if this individual is not a lawyer.

If the circumstances demand, the divorcing couple has to complete the following documents.

• Existing Child Support Orders / Judgment.
• Pending Child Support Proceedings.

The above 2 documents are meant to intimate the court about the child support proceedings that are outstanding.

As a majority of court files are open to the public, there is a probability of identity theft. So, the divorcing couple needs to file the following.

• Affidavit, Request to Segregate Protected Personal Information from Concurrently Filed Document.
• Segregated Information Sheet.

After the filing of the Petition is complete, a restraint is imposed on the dissipation of marital assets. As soon as the Petition is filed, the Petitioner is restrained. Immediately, when the Notice of Statutory Restraining Order Preventing the Dissipation of Assets is handed over to the Respondent, the Respondent is restrained.

Some other forms which might be essential while co-filing is done are as follows.

• Child Support Computation Worksheet: This is used to compute the value of child support.
• Judgment and Dissolution of Marriage: This document terminates the marriage.
• Motion for Judgment with hearing: This is an Affidavit of the Petitioner. After this is approved, the need of a divorce hearing is eliminated.
• Motion and Order waiving 90-day waiting period: This is also an Affidavit and its intention is to waive the statutory waiting period of 90 days.

Divorce Papers