Oregon Co-Party Divorce Filing Guide
Oregon Co-Party Divorce Filing Guide
I. General Information:
A. Use black or dark blue ink and print or type when you fill out your forms.
B. Always file the original forms with the clerk. You should always make yourself an
extra copy before you file any form with the clerk.
C. Keep the court informed of your current address. It is your responsibility to keep
the court informed of your current address. You are not required to use your residential
address on any court form. You may use a contact address where you regularly check in.
Your contact address will become public information. Please make sure that you use an
address that is okay for other people, including the other party, to know. It must be an address in
the state where you live where you can receive mail. If you use a contact address, the court will
assume that you will receive all notices sent to that address.
D. Case Heading. Make sure you fill in your names in the blanks at the top of the forms
using your full names (first, middle or middle initial, last). Write the names the same way on all
of the forms.
E. Case number. The clerk will give you a case number when you file your papers.
Don’t worry about filling out this part of the case heading until that time. Make sure you put this
number on all your copies and papers you file with the court.
F. Statutory Restraining Order. Oregon law requires both parties to obey a restraining
order preventing either party from dissipating (selling, destroying, removing, disposing of) real
or personal property, making unilateral (without the agreement of the other party) changes to
insurance policies, and making extraordinary expenditures. Expenditures that are necessary for
the safety or welfare of the parties are not prohibited. By filing your co-party petition, you
agree to be bound by the terms of this order. The order is effective immediately upon filing
of the petition. If either party violates the order, s/he may be subject to sanctions. The “Notice
of Statutory Restraining Order Preventing the Dissipation of Assets in Domestic Relations
Actions” is attached to this packet.
Either party may request and be awarded support. More than one type of support may be
awarded. Any award may be ongoing or for a particular period of time (such as 3 years, while in
school, up to a certain amount, etc.).
I. Property and Debts. You need to tell the court how you want to
divide your property and debts. You should be as specific as possible and include
everything you and the respondent own or owe. If any property or debts are not
included in your judgment, you cannot return to court to make changes later except in very
limited circumstances.
You may be entitled to part of the other party’s retirement benefits (including
pensions). If you do not address retirement benefits in your judgment, you will
lose the right to claim your share except in very limited circumstances. These
forms will not divide a party’s retirement benefits. Talk to a lawyer first if you want to claim a
portion of the other party’s retirement benefits.
J. Optional Forms. (Available upon request)
1. Application, Declaration and Order for Waiver or Deferral of Fees. This form allows
you to defer payment of the filing fees until final judgment if you are unable to pay
the fees at the time you file your petition. NOTE: There is only one filing fee for a
Co-Party case. If the parties would like to request a deferral or waiver of this fee,
both parties’ financials will be considered and therefore each party must complete and
submit a separate Application.
Please have your documents reviewed by either the Family Court Assistance Office or your
lawyer. You should have a lawyer advise you on these forms if either of you have a retirement
account. You may schedule an appointment for the Family Court Assistance Office to review
your documents by calling 541-682-4302 or emailing LANFamilycourt@[Link].
Payment of fees. When you file your petition for dissolution, you must pay a filing fee. You
may ask the court to defer or waive payment of this fee, by filling out an “Application,
Declaration and Order for Waiver or Deferral of Fees” form. You may obtain the form and a fee
schedule from the court clerk or the Family Court Specialist. Each party must complete and
submit a separate Application and Declaration. You must be prepared to either pay the filing fee
or submit the completed Applications at the time of filing your dissolution paperwork. (If the
court “defers” your fee, you will be required to pay all deferred fees back to the court at a later
date.)
2. Are the Documents signed? You must present your final documents to a judge. Lane
County Supplementary Local Rule (SLR) 2.501 sets forth the procedure for presenting Ex Parte
Orders and Judgments to a judge for signature. Review SLR 2.501 or contact the Family Court
Assistance Office for current information about the process for presenting the forms to a judge
and filing with the Court. You may submit a copy of your documents when you submit the
originals. Once the court signs your documents, the clerk will conform your copies.
Unmarried children 18, 19, or 20 years old (per ORS 107.108) (full names)
This Petition is filed under UTCR 8.030. Parties ask the court to enter the attached stipulated
General Judgment for:
1. Relationship:
Unmarried parents
2. Residency
Unmarried parents:
At least one parent currently lives in the county where this petition is being filed
All the minor children live or can be found in the county where this petition is filed
Marriage: At least one spouse currently lives in Oregon and that same spouse has lived
in Oregon continuously for 6 months prior to filing this Petition. At least one spouse
currently lives in the county where this Petition is being filed.
Pregnancy:
Neither party is now pregnant
(name) is pregnant (and) the other party is is not
the parent of this child. The expected date of the child’s birth is:
Name and age of any child conceived or born during this marriage/RDP who is NOT the
child of both parties
The parties request a waiver of any required co-parenting classes because (explain
why you believe co-parenting classes are unnecessary or pose a particular burden in your
case):
Child Support is presumed to be unavailable because the parent who would pay
(check all that apply)
receives cash payments from a public assistance program including TANF or SSI
is (or is expected to be) incarcerated (in jail or prison) for at least 6 months
Child support should be ordered as specified in the General Judgment despite the
presumption because (explain):
4. Retirement (QDRO)
We are not dividing any retirement benefits, pension, or similar accounts
Neither party has a retirement account
or
Each party is keeping their retirement account with no portion awarded
to the other party
We are dividing one or more retirement benefit accounts, pensions, or similar
accounts and have attached a QDRO (Qualified Domestic Relations Order) for any such
account (talk to a lawyer about getting a QDRO)
If we file for a modification of this judgment, we will need to pay the filing fee
required for a responding party under ORS 21.155 if the modification request is
contested
AGREEMENT
The parties have reached agreement on all issues as specified in the General Judgment as
indicated by their signatures both on the General Judgment and below
Both parties waive any challenges to service and declare to the court that all documents have
been reviewed and approved by both parties
The parties ask the court to sign and enter the General Judgment as submitted
A copy of this Co-party Petition and the General Judgment has been provided to the
Division of Child Support as required by UTCR 8.030
I hereby declare that the above statements are true to the best of my knowledge
and belief, and that I understand they are made for use as evidence in court and I
am subject to penalty for perjury
Date Signature
Name (printed)
Date Signature
Name (printed)
Under ORS 107.093 and UTCR 8.080, neither Petitioner nor Respondent may:
Insurance Policies
(1) Cancel, modify, terminate or allow to lapse for nonpayment of premiums any policy of health
insurance, homeowner or renter insurance, or automobile insurance that one party maintains to provide
coverage for the other party or a minor child of the parties, or any life insurance policy that names either
of the parties or a minor child of the parties as a beneficiary.
Insurance Beneficiaries
(2) Change beneficiaries or covered parties under any policy of health insurance, homeowner or renter
insurance, or automobile insurance that one party maintains to provide coverage for the other party or a
minor child of the parties, or any life insurance policy.
Property
(3) Transfer, encumber, conceal, or dispose of property in which the other party has an interest, in any
manner, without written consent of the other party or an order of the court, except in the usual course of
business or for necessities of life.
(A) Paragraph (3) does not apply to payment by either party of:
(i) Attorney fees in this action;
(ii) Real estate and income taxes;
(iii) Mental health therapy expenses for either party or a minor child of the parties; or
(iv) Expenses necessary to provide for the safety and welfare of a party or a minor child
of the parties.
Expenses
(4) Make extraordinary expenditures without providing written notice and an accounting of the
extraordinary expenditures to the other party. This does not apply to payment of expenses necessary to
provide for the safety and welfare of a party or a minor party of the parties.
EFFECTIVE DATE:
The above provisions are in effect immediately upon service of the Petition and Summons on the
respondent. They remain in effect until a final judgment is issued, until the petition is dismissed, or until
further order of the court.
Either Petitioner or Respondent may request a hearing to modify or revoke one or more terms of this
restraining order, by filing with the court the Request for Hearing re: Statutory Restraining Order form
specified in Form 8.080.2 in the UTCR Appendix of Forms.
What is a CIF?
Most court files may be viewed by the public. Uniform Trial Court Rule (UTCR) 2.130 requires certain
confidential personal information to be protected from public disclosure. That is done by providing the
information in a separate form. After you file your papers, the court keeps the form separate from the
part of the court file that may be viewed by the public. The form is UTCR Form 2.130.1, known as the
Confidential Information Form, or CIF.
The CIF should only be used to protect the information described above. There may be other
information in your court papers that you do not want the public to be able to see, such as bank account
or credit card numbers. The separate process for protecting that information is described in UTCR
2.100, which can be read at:
[Link]
If there is CIF information you do not know when you file your papers, or if the information changes
during your case, you must file an amended CIF that provides the new or updated information.
The CIF rule requires you to redact – black out or erase – confidential personal information from any
attachments to documents you file with the court and to make a note on the attachment that the
information has been provided in the CIF. The only exception is when you are required to attach a
court-certified document. Documents that are required to be court certified should not be altered in any
way.
There are steps the other party and other people can go through to ask the court to allow them access to a
CIF that you have filed. UTCR 2.130 explains that process in detail, and also describes the
circumstances under which the court must deny a request by someone else to view a CIF you have filed.
and you can find additional information about the rule and family law processes at:
[Link]
Unmarried children age 18, 19, or 20 years old (per ORS 107.108)
1
The names of parties and children, and children’s ages are not confidential. This form can only be viewed by the
party who files it unless the court orders otherwise.
Unmarried children age 18, 19, or 20 years old (per ORS 107.108)
1
The names of parties and children, and children’s ages are not confidential. This form can only be viewed by the
party who files it unless the court orders otherwise.
Unmarried children 18, 19, or 20 years old (per ORS 107.108) (full names)
I filed Confidential Information Forms with the court about the following parties to this case as
required by Uniform Trial Court Rule (UTCR) 2.130 (Use first, middle, last names below):
1) My Name:
Petitioner Respondent Other:__________________
Containing (check all that apply):
Social Security Number (SSN) Date of Birth (DOB) children’s SSN children’s DOB
employer’s name, address, and phone number driver license number
former legal names
2) Name:
Petitioner Respondent Other:__________________
Containing (check all that apply):
SSN DOB children’s SSN children’s DOB employer’s name, address, and phone
number driver license number former legal names
3) Name:
Petitioner Respondent Other:__________________
Containing (check all that apply):
SSN DOB children’s SSN children’s DOB employer’s name, address, and phone
number driver license number former legal names
4) Name:
Petitioner Respondent Other:__________________
Containing (check all that apply):
SSN DOB children’s SSN children’s DOB employer’s name, address, and phone
number driver license number former legal names
Date Signature
Name (printed)
7. Spouse/Partner B – Legal name: (first, middle, last, suffix) 8. Last name at birth: (not required for RDP)
Spouse /
Partner B 9. Residence or legal address: (street and number) (city or town) (county) (state)
11. Date of birth: (mm/dd/yyyy) 12. Birthplace: (state, territory or foreign country)
13. Date of marriage / filing of RDP declaration: (mm/dd/yyyy) 14. Date couple last resided in same household: (mm/dd/yyyy)
Marriage /
Declaration [Link] of marriage/RD(Pc:ity, town or location) [Link]: [Link] or foreign country:
16. Number of children under 18 in this household as of the date in item 14: 17. Petitioner:
Number: None Spouse/Partner A Spouse/Partner B Both
[Link] of petitioner’s attorney: (print) 18b. Address: (street and number or rural route number, city or town, state, ZIP code)
Attorney
[Link] of respondent’s attorney: (print) 19b. Address: (street and number or rural route number, city or town, state, ZIP code)
20. Marriage/RDP declaration of the above named persons was 21. Date judgment becomes effective: (mm/dd/yyyy)
dissolved on: (mm/dd/yyyy)
Judgment
22. Number of children under 18 whose physical custody was awarded to:
Information below will not appear on the certified copies of the record.
28. Spouse A’s Social Security number: (not required for RDP) 29. Spouse B’s Social Security number: (not required for RDP)
30. Number
31. If previously married
of or in a 32.
thisHispanic origin: 33. Race(s): Black, 34. Education – Specify only highest
marriage/RDP – RDP date last marriage/RDP Cuban, Mexican, White, etc. grade completed:
first, second, etc.: ended: Puerto Rican
By death, divorce, dissolution Date: List all that apply (specify List all that apply (specify Elementary/Secondary: College: (1-4 or 5+)
Marriage RDP or annulment (specify below) (mm/dd/yyyy) below) below) (grades 0-12)
30a. 30b. 31a. 31b. 32a. 33a. 34a. 34b.
Spouse /
Partner A
Spouse / 30c. 30d. 31c. 31d. 32b. 33b. 34c. 34d.
Partner B
45-12 (08/14)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF LANE
In the Matter of the Marriage or Registered Domestic Partnership (RDP) of:
FINDINGS:
A. The court considered the Declaration Stipulations Evidence presented and finds
that: (Check all that apply)
A. Irreconcilable differences have caused the irremediable breakdown of this marriage or
registered domestic partnership
C. Pregnancy
Neither party is now pregnant (or)
Petitioner Respondent is now pregnant.
The other party is is not the parent of the child due (date)_______________
SPOUSAL/PARTNER SUPPORT
There is an existing Limited Judgment for temporary spousal/partner support. Temporary
support under the limited judgment ends as of the date of entry of the General Judgment, but
any arrears accrued under the Limited Judgment remain enforceable under the Limited
Judgment.
2. Withholding
If enforcement services are provided through the State of Oregon’s Department of
Justice, the support order is enforceable by income withholding under ORS 25.311
3. Life Insurance
The party paying support must carry life insurance for the benefit of the other party
throughout the period of the support obligation if he or she is insurable. The coverage
must be at least $ . The party paying support must provide to the
party receiving support a true copy of the policy. The party paying support must also
provide to the party receiving support written notice of any action that will reduce the
benefits or change the designation of the beneficiaries under the policy.
or
Neither party is ordered to carry life insurance for the benefit of the other party
5. Personal Property
The Petitioner and Respondent have divided between them all personal property that they
own separately or together, and each is awarded those items now in their possession
except that:
Unless otherwise specified above, each party is responsible for the payment of all debts
incurred by him or her individually since the date of separation, all debts distributed to him or
her by the court, and all debts which are secured by property distributed to that party. If any
creditor asks the party not responsible for a debt to pay any portion of it, and he or she does so,
the party responsible for that debt must reimburse the paying party for any amount paid to the
creditor after the date this judgment is entered.
Debts are divided between the parties as of (date):
8. Former Name
Petitioner’s Respondent’s former name of
is restored (use FULL name – first, middle, last)
9. Additional Provisions
Both parties must inform the Court and the Department of Justice (P.O. Box 14506, Salem,
Oregon 97309) in writing of any change in the information within ten (10) days of such change.
The Department of Justice or the District Attorney may not disclose the information in the CIF
to the other party.
PETITIONER RESPONDENT
Full Name
Contact Address
Year of Birth
NOTE: a party RECEIVING a money award is the JUDGMENT CREDITOR; a party PAYING a money
award is the JUDGMENT DEBTOR
Postjudgment WHO RECEIVES 9% per year simple Interest accrues from the date
Interest □ Petitioner interest on the unpaid the judgment is entered and
□ Respondent balance of the total continues until the judgment is
judgment amount of fully paid
$
□ Court Costs and WHO PAYS Checked party reimburses the other party’s costs and
Service Fees □ Petitioner fees of:
already paid □ Respondent $
Directly to the awarded party
□ Deferred Court Checked party must pay deferred costs and fees of:
WHO PAYS
Costs and Service □ Petitioner $___________________
Fees
□ Respondent To the State of Oregon through this court
Judge Signature:
Certificate of Readiness
This proposed judgment is ready for judicial signature because (check all that apply):
Service is not required under UTCR 5.100 because the other party has been found in default or
an order of default is being requested with this proposed judgment; because this judgment is
submitted ex parte as allowed by statute or rule; or this judgment is being submitted in open
court with all parties present.
Each party affected by this judgment has stipulated to or approved the judgment, as shown by
the signatures on the judgment.
&
I understand that I am subject to penalty for perjury for giving false information to
the court. All factual information in this Judgment is true to the best of my
knowledge and belief. I agree to the terms of this Judgment. I understand that
this Judgment is enforceable by the court.