Oregon Divorce Procedures

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A divorce case has many perspectives. Spouses face a lot of issues regarding family matters, finances and child support which lead them to seek a divorce. To address these issues, laws are formed and executed. Oregon divorce procedures are made to grant divorce to spouses who want to break the marital bond and live their life independently. To help you understand the different aspects of an Oregon divorce, we present here a gist of relevant procedures prevalent in Oregon. Although each and every procedure is not described here, you can take important notes regarding matters that are relevant in your case.

In Oregon a divorce case begins when a Petition for Dissolution of Marriage and a Summons have been initiated. The Petition includes the factual and legal basis for the claims. According to the Summons, the Respondent is offered 30 days during which he or she is expected to file responsive pleadings, like the Counter Petition and the Response.

Initiation of Oregon Divorce Procedure

Initially, the Petitioner must approve the Petition. Then, this document can be filed in the clerk's office of the Circuit Court. It is essential to pay a filing fee. The court clerk allocates a docket number to the particular case. This number appears on all pleadings and motions filed in the court.

The Respondent must be served with the Summons and Petition personally. Usually, this service is conducted by a private process server. The personal service may be replaced by the Respondent, signing a document titled "Acknowledgement and Acceptance of Service,"

The Property Restraining Order is applicable to both the divorcing partners and it restricts each party from the following:

  • Executing extraordinary expenses without the agreement of both the divorcing partners
  • Disposing, hiding, encumbering or transferring any property wherein both the spouses have an interest except when disbursing lawyer fees or ordinary expenses
  • Altering covered parties or beneficiaries on a majority of insurances
  • Changing or canceling many sorts of insurances

Types of Motions in Oregon Divorce Procedure

Motion for Appointment of Attorney for Minor Children

Minor children are not matured enough to make legal decisions on their own. The children's lawyer's role is extremely crucial and can have an impact on the result of the custody case. The work of an attorney includes and is not limited to the following:

  • Making recommendations on topics like child support, visitation and child custody
  • Asking questions to the divorcing spouses and the witnesses, inside and outside the courtroom
  • Testifying on behalf of the children
  • Making all types of decisions for the children

Motion for a Custody and Parenting Time Evaluation

In some divorce cases, there are grave conflicts pertaining to parenting time and legal custody. One or both parties may approach the court to issue an order regarding appointing a qualified professional to make recommendations about parenting time and legal custody as well as to evaluate the family. The evaluation comprises of psychological tests, contact with the children and interviewing the parties.

Motion to make more Definite and Certain

The law firm generally files this motion so that they can prepare for the case in a better way. The intent of this motion is to understand particularly what sort of relief the Petitioner desires. Consider that the Petition demands for spousal support and the type of support is not mentioned. Then, this motion is filed to know the form of support that is essential Compensatory, Maintenance or Transitional.

Motion to Dismiss

This motion deals with the documents like counter petition, response or petition. The legal sufficiency of the pleadings is challenged in this motion. As an example, assume that the facts mentioned in the pleading are true. This motion is used to argue that the relief that is requested cannot be granted for some legal reason.

Procedures regarding Mediation

Divorce mediation is a private and confidential proceeding where a lawyer or any person trained in handling legal issues listen to your problems and give advices regarding that. In an Oregon case, the court might order both the spouses to go for mediation sessions in order to reach a mutual agreement on certain issues like child custody and support, parenting time and division of property. If the spouses are able to make mutually satisfied decisions on some or all major issues, a written summary of the agreement signed by both the partners are sent to the lawyers.

Generally, court room proceedings are time-consuming, and sucks out the energy of the persons fighting a case. But then laws are devised for the smooth running of any society and you have to abide by those. Similarly, if you choose to get divorced from your spouse in Oregon, you must follow Oregon divorce procedures. Going through the process legally will ensure that you lead a secured future life devoid of any legal hassles and issues.

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