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Uncontested Divorce Oregon


How to Get an Uncontested Divorce in Oregon

What is an Uncontested Divorce in Oregon?

An uncontested divorce in Oregon is one in which both spouses are in complete accord with each other concerning the divorce. That doesn’t just mean that they both think a divorce is necessary, but they don’t disagree on how their property will be divided or what will happen to their children, if they have children.

What Kinds of Uncontested Divorce in Oregon Are There?

There are, generally speaking, two types of uncontested divorce in Oregon. The first is called a Summary Dissolution, and it’s the quickest, not even requiring a court hearing. However, only some marriages qualify for a summary divorce. The others have to choose the other type of uncontested divorce in Oregon, non-summary dissolution for co-petitioners.

How Do You Get a Summary Dissolution?

Using a summary dissolution to end your marriage means filling out the fewest forms and waiting the shortest length of time relative to any other type of uncontested divorce in Oregon, so if your marriage qualifies, you should certainly pursue it. Here are the requirements to petition for a summary dissolution:

• At least one spouse has lived in Oregon continuously for the past year.

• The marriage has lasted no more than ten years.

• The personal property owned jointly by the couple is worth less than $30,000 after all debt on that property is negated.

• No more than $15,000 has been taken out as debt since the beginning of the marriage by either spouse.

• Neither partner wants spousal support.

• Neither spousal requires a temporary order of any kind, such as a temporary order of child support. The only exceptions are for restraining orders or exclusive-residency orders.

• No minor children have resulted or will result from the marriage.

• No real property such as land or buildings is owned by either spouse, though mobile homes on rented (not owned) land do not count.

• Neither spouse has any other divorce, annulment or separation cases being tried in any state including Oregon.

If you can answer yes to all those questions, you should fill out the following forms to get your uncontested divorce in Oregon:

• Petition for Summary Dissolution

• Summons

• Acceptance of Service

• Declaration of Service

• Petitioner’s Ex Parte Motion

• Request for Waiver of 90 Waiting Period

• Notice of Statutory Restraining Order Preventing the Dissipation of Assets

• General or Stipulated General Judgment of Summary Dissolution

How Do You Get a Regular Uncontested Divorce in Oregon?

If your uncontested divorce in Oregon doesn’t qualify for a summary dissolution, usually because either you and your spouse have had children or your property/debts exceeds the limits of summary dissolution, you can still file as co-petitioners for a regular dissolution of marriage.  

You’ll need the following forms:

• Petition for Dissolution of Marriage

• Supplement to Petition

• Certificate re: Pending Child Support Proceedings

• Petitioner’s Certificate of Mailing to DCS

• Petitioner’s Affidavit Supporting Judgment of Dissolution

• General Judgment of Dissolution

• Supplement to General Judgment

• Summons

• Acknowledgement of Service

• Affidavit of Service

• Petitioner’s Ex Parte Motion

• Affidavit in Support of Motion

• Petitioner’s Motion for Order Allowing Entry Judgment on Affidavit

• Affidavit in Support of Motion for Order

• Notice of Statutory Restraining Order Preventing the Dissipation of Assets

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