Uncontested Divorce in Oregon

Divorce Papers > Uncontested Divorce > Uncontested Divorce in Oregon

An uncontested divorce is a smooth and polished mode of terminating the marriage. In this type of termination of marriage, the partners agree with each other on all topics. They part ways without any friction with each other, and hence they can maintain good relations with each other post the end of their relationship. The court need not interfere in the decision-making process and signs the decree once it finds that the agreement will serve the interests of both the spouses. The flexible nature of such type of marriage termination has made it popular and acceptable in many countries across the globe. Like all the other states in the US, uncontested divorce process is prevalent in Oregon. Several provisions in accordance with the state laws are made to resolve issues like property distribution, child support, child custody, spousal support, visitation etc. If a couple wants to end the relationship in Oregon effectively, they need to follow these procedures honestly.

Divorce is termed as 'dissolution' in Oregon. The divorcing spouse who files the case is named as the Petitioner. The divorcing spouse who responds to the action is referred to as the Respondent. Sometimes it happens that both the partners file jointly for a dissolution. In this case, both the partners are known as co-petitioners.

Residency Requirements

To end the relationship, either of the married partners needs to live in the state for a period of 6 months before the action begins. This residency requirement is relevant if the divorcing partners have got married outside the state. On the other hand, if the marriage has happened in Oregon and one of the spouses is already a resident, then there no other residency requirements are required.

Venue for filing the Divorce

An uncontested divorce can be filed in any county where anyone of the Respondent or the Petitioner resides.

Grounds for Uncontested Divorce in Oregon

Oregon is a no-fault state. It means that the ground for parting ways is irreconcilable differences between the divorcing partners due to which their marriage has been broken down irremediably.

General grounds

• If one 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

Procedures for Uncontested Divorce in Oregon

A co-petition for Dissolution of Marriage needs to be filed by the separating couple. This document must also be signed by them. The conditions that the divorcing partners have agreed with each other are mentioned in this form.

The Certificate of Residency must also be filed by the divorcing couple. This document consists of the names of the counties where they reside. Again 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 legal papers, if this individual is not a lawyer.

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

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

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

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 property. Once 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 when co-filing is done, are mentioned below:

• 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.

This is in brief, a complete overview of an uncontested divorce in Oregon. To sum up it can be said that a divorce, whether contested or uncontested is a big decision of your life. So try to plan every step well in advance. If you plan your work today, you will get good benefits tomorrow. Make every possible effort that will lead you towards a secured future.

Divorce Papers