Unless you have been divorced before, or you are a divorce attorney yourself, you probably have a lot of questions about how these types of legal cases work. Unsure how many parties could be involved? Don’t know the difference between a petitioner and a respondent? That’s where our experts come in to help. Read on below to find out more information about what is involved in a divorce case in Oregon.
A petitioner is the term used to refer to the individual who files the petition for a divorce in Oregon. This party is also known as the plaintiff. The specific paperwork you will need to fill out can be found online or obtained through a court. There will be different paperwork if you petition or if you are the respondent.
There are some important requirements to note if you are planning to be the petitioner. First of all, the individual who files the petition for divorce must be an Oregon resident. They are required to have lived in the state for at least six months prior to the dissolution of the marriage. Also, the petitioner must make sure that their petition is filed in the county where they and/or the other spouse lives.
If only one of the parties lives in Oregon, the court may still be able to dissolve the marriage. However, this could lead to problems down the line. The court may not be able to require certain things of the party who lives out of state.
As the petitioner, you may have a specific reason for pursuing the divorce. However, Oregon also allows what is known as a “no-fault” divorce. Unlike with other grounds for divorce, no-fault divorce doesn’t require you to submit any proof. The grounds for divorce can just be irreconcilable differences.
While one party is the petitioner in a divorce case, the other party is the respondent. The respondent is the defendant to the petitioner’s plaintiff.
After a petitioner files for divorce, the respondent is the one who will then be “served” with a copy of the petition, a summons, and other important paperwork. The petitioner can give this paperwork to their future former spouse themselves. Or the petitioner can also arrange for someone else, such as the sheriff, to serve the respondent.
In order to confirm that they have received the petition, summons, and paperwork, the respondent will sign an “Acceptance of Service.”
If the respondent is unable to be reached and/or found, there are some other ways they can be served. Although that is usually a last resort. This can include a notice published in an Oregon newspaper or something posted at the courthouse.
Once the respondent has been served with the petition, they are given a certain amount of time to file their response to the court. In Oregon, a respondent is given 30 days after they have been served. Once a response has been filed, the court can set a date for a trial, settlement, or mediation.
If the respondent does not file within those 30 days, the petitioner can ask for a default judgment from the court. If they decide to do so, it could mean that the petitioner will get everything they ask for in the petition.
The state of Oregon does not necessarily require petitioners or respondents to have an attorney for a divorce case. However, it is still strongly recommended.
One very helpful service that attorneys provide is an initial consultation. Even if your divorce seems super simple and straightforward, this wouldn’t hurt. An experienced attorney may notice something that the average person would miss. That could save you a big headache later on. In some cases, these legal consultations are even free of charge.
Ultimately, a marriage is officially over when a judge signs a judgment of dissolution of marriage. This judgment will include the division of assets and how court costs and fees will be divided. If there are children involved, this judgment will include custody and child support arrangements as well.
At Warren Allen LLP, you can count on our excellent attorneys and decades of service in Oregon and the broader Pacific Northwest. Whether you are the petitioner or the respondent, turn to us for your Oregon divorce case. You can find more information about Warren Allen LLP on our website. If you’re interested in meeting with one of our attorneys for a consult, you can find our contact information on our website as well.