Oregon No Fault Divorce

Divorce Papers > No Fault Divorce > Oregon No Fault Divorce

A divorce is also referred to as "dissolution of marriage" in court terminology. The divorce judgment determines the following issues.

  • If one of the divorcing partners has to pay spousal support to the other
  • The mode in which property would be bifurcated (inclusive of residence and retirement benefits)
  • Who should pay previous bills
  • Who will pay health insurance of children
  • Which of the divorcing partners should pay child support and the amount of this support
  • Who is awarded child custody?
  • How is the visitation plan?
  • The date on which the marriage is terminated

Grounds of Oregon No Fault Divorce

The singular ground is that the married partners fail to get along due to incompatibility and there is no solution by means of which the problems between them can be settled. This condition is named as "irreconcilable differences" by the law.

Residency requirements of Oregon No Fault Divorce

Any one or both divorcing partners must have resided in this state for minimum 6 months prior to the filing date of the divorce papers. Additionally, the divorce papers need to be filed in the county wherein one of the divorcing partners resides.

How to initiate the divorce process?

  • The circuit court clerk in the local county courthouse must be contacted.
  • The Petitioner must file all the essential documents (inclusive of the Petition for Dissolution of Marriage) with this clerk.
  • The responsibility, of serving the Petition and other necessary documents to the Respondent, lies with the Petitioner. This step is essential as the Respondent is informed that the divorce process has begun. Also, the Respondent is exposed to the demands of the Petitioner.
  • The Petitioner must disburse the fees that are levied for filing a divorce petition and serving the Respondent. Alternatively, the Petitioner might be excused from paying these fees.

Points regarding serving the divorce papers

  • If the Petitioner has hired an attorney, then, this attorney would serve the divorce papers to the Respondent.
  • Alternatively, the divorce papers may be served by the Sheriff or any other adult, excluding the Petitioner and any children of the marriage.
  • If the Petitioner is filing "Do It Yourself" forms, then, these forms have instructions regarding serving the divorce papers.
  • Along with the divorce petition, is it compulsory to file the Division of Child Support (DCS) papers, if the following conditions exist.
    • The child support plan has been prepared by the divorcing partners
    • The divorcing partners get some public assistance benefits
  • When the Petitioner does not take the services of a lawyer or the divorce forms do not include instructions regarding DCS, then, it is required that the Petitioner should approach the DCS to gain knowledge regarding how to serve the DCS papers.

Points regarding waiting period

  • After the Petitioner has filed the Petition, there is a waiting period of 90 days.
  • The waiting period has been provided to the divorcing couple so that they can reconcile and patch-up during this period.
  • If the divorcing couple cannot reconcile during the waiting period, then, the divorce process starts and a divorce hearing is scheduled (when the case is an uncontested one).
  • When the case is a contested one and there are disputes regarding child custody and property division, the trial in the case starts.

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