What are the Steps and Requirements for Filing for No-Fault Divorce in Oregon?
Learn the steps and requirements for filing for no-fault divorce in Oregon, including meeting residency requirements, filing a petition, serving the other spouse, and attending mandatory settlement conferences.
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What is No-Fault Divorce in Oregon?
In Oregon, no-fault divorce is the most common type of divorce. This means that the court does not need to determine who is at fault for the breakdown of the marriage. Instead, the court focuses on the couple's agreement to end the marriage.
Step 1: Meet the Residency Requirements
In Oregon, at least one spouse must have been a resident of the state for at least six months before filing for divorce. This means that one spouse must have lived in Oregon for at least six months before filing for divorce.
Step 2: File the Petition for Divorce
To file for divorce, one spouse must file a petition with the court. The petition must include the following information:
- The names and addresses of both spouses
- The date of the marriage
- The grounds for divorce (in this case, no-fault)
- A request for a divorce
Step 3: Serve the Other Spouse
Once the petition is filed, the spouse who filed the petition must serve the other spouse with a copy of the petition. This can be done by a process server, a sheriff, or a private investigator.
Step 4: Wait for the 90-Day Period
After the petition is served, the other spouse has 90 days to respond to the petition. If the other spouse does not respond, the court will grant the divorce.
Step 5: Attend a Mandatory Settlement Conference
In Oregon, all divorcing couples must attend a mandatory settlement conference. This conference is designed to help the couple reach a settlement agreement on issues such as property division, child custody, and child support.
Step 6: Attend a Final Hearing
After the mandatory settlement conference, the couple must attend a final hearing. At this hearing, the court will review the couple's agreement and grant the divorce if it is in the best interests of the couple.
Step 7: Finalize the Divorce
After the final hearing, the couple must finalize the divorce by signing a divorce decree. This decree will outline the terms of the divorce, including property division, child custody, and child support.
Additional Requirements
In addition to the steps above, there are several additional requirements that must be met in order to file for no-fault divorce in Oregon. These include:
- Providing proof of service to the court
- Attending a parenting class
- Providing a financial statement to the court
Conclusion
Filing for no-fault divorce in Oregon can be a complex and time-consuming process. However, by following the steps above and meeting the additional requirements, you can ensure that your divorce is handled correctly and efficiently.