Oregon Uncontested Divorce
Forms For Uncontested Divorce in Oregon
Oregon Uncontested Divorce: A divorce is a way of legally dissolving a marriage. An uncontested divorce is one in which both parties agree on every issue involved in the case.
The key is to agree on “every” issue, meaning the Oregon circuit court will not have to make any decisions other than to approve the case.
This type of case is always the best option as it is more expedient, cheaper, and generally contains less turmoil due to agreement rather than constant strife.
The nature of an uncontested divorce means that attorneys will offer relatively low flat rates or minimal fees because less work is involved in the case.
In fact, in many Oregon uncontested divorces, hiring an attorney may not be necessary, as there are multiple legal resources available to help with the administrative issues associated with the marriage termination.
Per its statutes, Oregon is a no-fault state.
This means that residents seeking to obtain a judgment of dissolution of marriage do not have to proof fault on the part of the spouse.
The only ground for an Oregon divorce is irreconcilable differences.
The overall process of filing an Oregon divorce of this type includes gathering information, gathering all required forms, filing the forms with the appropriate court, and attending a final hearing.
To make this process much easier, the Oregon Courts both created and maintains a website dedicated to a variety of legal issues including dissolution. All of the support materials are free of charge and can be filled out electronically.
Packets covering every type of divorce situation are available which not only include the forms, but instructions as well. Another option is to obtain this information from the clerk of the court’s office.
As long as all instructions in the Oregon uncontested divorce forms packet are followed, all paperwork should be in order and lead to a successful divorce case.
There are two methods of obtaining an uncontested divorce in Oregon. The first method, the easiest, is called a summary dissolution. This method is the easiest route to terminate a marriage.
It follows the same process mentioned above; however, no one has to attend a final hearing and the couple does not need to wait 90 days, which is the normal waiting period. To qualify, a couple must have been married less than 10 years, have no minor children, and agree to everything.
The second method is an uncontested divorce for those that do not qualify for the summary dissolution. This process requires couples to fill out more forms, wait 90 days (most judges follow these guidelines), and at least one person must attend the final hearing.
When two divorcing individuals cannot reach an agreement on everything, another option is to engage a trained, neutral, third party, called a mediator. The third party will help both people to reach an agreement on whatever issues are contested.
Once an agreement is made, both parties can proceed with the case uncontested. When children are involved and a couple cannot agree on custody, the court directs both parties to attend mediation as custody battles are often better decided by the parents.
Keep in mind that an agreement made prior to filing is the best option for an uncontested divorce, as you will avoid the need for many classes and mediation.
As mentioned above, in every Oregon uncontested divorce case, some formal agreement between the parties must be achieved and provided in writing. The Oregon form that shows this agreement becomes part of the petition for the dissolution of marriage.
This same document begins the divorce process, so it is much better to have everything worked out in the beginning rather than needed to revise the original petition in the form of modified orders.
This agreement outlines how the spouses are dividing martial property, debts, and another agreement such as child support and custody issues or alimony. This form becomes part of the court order once the judge approves the case and it becomes an order that both parties must follow.
• Oregon Uncontested Divorce Forms Package from USLegal.
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• Marital Separation Agreement DIY Software by Standard Legal.
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