Oregon Marital Settlement (Divorce) Agreement Form [PDF]

A marital settlement or divorce agreement in Oregon is a legal document created by soon-to-be former spouses who work together to address and resolve all relevant issues related to their marriage.

The purpose of this agreement is to settle key matters that need to be resolved during the divorce process, such as dividing marital property, determining child support, and addressing other important concerns.

Now, let's move on to a more detailed explanation of this document so you can understand its content and procedure.

Divorce Forms

Divorce forms are filed with the Circuit Court in the county where one of the spouses has lived for at least six months. The filing fee is around $300, and the waiting period ranges from one month to a year, depending on the complexity of the case and whether the spouses can easily agree on all matters or not.

Divorce Laws and Legal Requirements in Oregon

Divorce laws and legal requirements in Oregon define the rules that individuals need to follow when drafting a marital settlement agreement and throughout the divorce process. They include:

How to File for a Divorce in Oregon in 8 Steps

Filing for divorce in Oregon, whether contested (where you and your spouse disagree on major issues) or uncontested (where you both agree on divorce matters), involves several steps, namely:

#1. Fill Out the Divorce Form

The first step in filing for divorce is completing the divorce form, officially called a Petition for Dissolution of Marriage (with children/without children). If you are the one filing, you are the petitioner, and your spouse will be the respondent.

This form includes basic details about you and your spouse, like your names, addresses, date of marriage, date of separation, and whether you have any minor children. If you have children who are 18, 19, or 20 years old, they will be considered part of the case and have a right to participate in the proceedings.

#2. Fill Out Additional Court Forms

Once you’ve filled out the main divorce form, there are a few more forms to complete. These may include the following:

• Summons for Family Law Case—Officially notify your spouse of the divorce

• Confidential Information Form (CIF)—Keeps sensitive details private

• Record of Dissolution of Marriage—Documents the details of the divorce

• Notice of Statutory Restraining Order Preventing Dissipation of Assets—Helps protect your property during the divorce

• Statement of Assets and Liabilities—Details your financial situation

If you have children under 18, you’ll need to complete a Parenting Plan and a Child Support Worksheet. If the child or spousal support is involved, a Uniform Support Declaration (USD) may also be required. These forms help lay out the financial and custodial arrangements you’re seeking.

#3. File the Forms With the Court

Next, take your completed forms to the Circuit Court in the county where either you or your spouse have lived for at least six months. You’ll need to file the forms with the court clerk, who will assign a case number to your divorce. You’ll need to make at least two copies of each form—one for your record and one for serving your spouse.

Be prepared to pay a filing fee, which is around $300.

#4. Serve the Forms to the Spouse

After filing for divorce, you must serve the forms to your spouse, which meansthey need to receive official copies of everything you’ve filed. This step is crucial because it ensures that your spouse is aware of the divorce and has an opportunity to respond.

You can serve the forms in a few different ways, including the following options:

• Hand the forms to your spouse directly, having your spouse sign an Acceptance of Service.

• Serve the documents by hiring a sheriff, process server, or an adult not involved in the case. After serving the forms to the spouse, the server will complete a Certificate of Service and file it with the court.

If you have adult children involved in the case, they must also be served, though they can choose not to participate by signing a Waiver of Further Appearance and Consent to Entry of Judgment.

#5. Wait for the Defendant's Answer

Once your spouse has been served, they have 30 days to respond to the divorce complaint. If they agree with everything, the divorce may proceed uncontested, meaning you won’t need to attend a trial. However, if they disagree with any part of the petition, the divorce becomes contested, and the court will need to get involved to settle the disputes.

If your spouse doesn’t respond within 30 days, you can request a default judgment, which means the court may grant the divorce based on the information and claims you provided.

#6. Attend the Trial

If your divorce is contested, a trial may be necessary to resolve the issues. This is where both you and your spouse present your cases, and the judge makes the final decisions on matters like property division, child custody, and support.

The judge might also require you to attend mediation sessions to try to reach an agreement before going to trial.

#7. Obtain a General Judgment of Dissolution

If you and your spouse agree on all the terms of the divorce, the process will be much quicker. In an uncontested divorce, you’ll fill out a marital settlement agreement template that outlines the terms you have agreed on.

Once this is done, you’ll submit it to the court along with a Declaration in Support of Judgment and a General Judgment of Dissolution of Marriage. The judge will review everything and, if everything is in order, sign the General Judgment without requiring a court hearing.

#8. Change Your Name

If you or your spouse want to revert to your former name, you can request this as part of the divorce proceedings. The judge will usually approve this request as long as it is made before the final judgment is entered.

Once the divorce is finalized, you can start the process of updating your legal documents, like your driver’s license and social security card, to reflect the name change.