The First Thing You Absolutely Must Do Is Serve Your Spouse
If you filed for the divorce, you must serve your spouse with the divorce papers, also known as the "Summons and Petition for Dissolution," after filing the initial divorce petition with the court.
Serving the divorce papers is crucial because it provides your spouse with due process, meaning they are legally notified and have a chance to respond and insure their rights in the divorce. Serving your spouse can be done through various methods, including personal delivery by a process server, certified mail, or even by agreement with your spouse or their attorney to sign an Acceptance of Service form.
In some cases, if you cannot locate your spouse, you may need to seek permission from the court to serve by publication (posting a notice in the newspaper or at the courthouse). There is a time limit within which you must serve your spouse (typically within 120 days of filing the complaint). Failure to do so can result in your case being dismissed.
The Second Thing You Absolutely Must Do Is Disclose Financial Information
In Oregon divorces, both parties are legally required to disclose comprehensive financial information, including but not limited to income, assets, debts, and tax returns. This ensures transparency and fair division of property and debts.
Mandatory Disclosure Requirements include:
- Income: Both parties must disclose all income earned or received during the current and previous calendar years, including W-2 statements, year-end payroll statements, interest and dividend statements.
- Financial Statements: Parties need to provide financial statements, statements of net worth, and credit card and loan applications from the last two years.
- Property: Detailed information about real estate, other significant property interests, vehicles, boats, and other registered assets must be disclosed.
- Debts: All debts, loans, and credit lines must be disclosed.
- Assets: Information on investments, retirement plans, and any financial accounts held within the last year is required.
- Tax Returns: Tax returns for the last three years must be provided.
The Third Thing You Absolutely Do Is Follow The Judge’s Temporary Orders
Temporary orders during a divorce can be used for any issue that the court has jurisdiction over in the case. These orders can be asked for in an original petition or response, or in a motion filed later. Come more common temporary orders concerns issues such as:
- Temporary child custody, child support and parenting time.
- Possession of marital home, cars, etc.
- Handling mortgage, insurance, monthly expenses and attorney fees.
- Emergency and temporary protective restraints.
The Fourth Thing You Absolutely Must Do Is Participate In Dispute Resolution
In any domestic relations case not exempted, all parties are required to participate in some form of dispute resolution, including mediation (mandatory and elective), pre-trial judicial settlement conferences and other neutral-assisted attempts to resolve any disputes. The parties must participate in mediation in good faith and can’t be used by any party for the purposes of harassment or delay.
There may be certain issues and claims that may not be subject to these requirements, under these rules including immediate danger and emergency custody or parenting time claims, claims involving child support, protective and status quo orders, and financial restraining orders.
However, these limitations do not override dispute resolution requirements on allowed issues and claims and may be required for any issue subject to the dispute resolution requirement rules even if accompanying issues are excluded from mediation requirements.
Notwithstanding these exemptions, except when a criminal no-contact order is in effect, mediation may occur at the request of the protected person as long as the circumstances of mediation do not violate the terms of the protection order.
The Fifth Thing You Absolutely Must Do Is Get A Judgment
In Oregon, a divorce judgment, or more specifically a "Judgment of Dissolution of Marriage," is the official court document that formally ends a marriage and outlines the terms of that dissolution. This judgment is the final document that officially dissolves the marriage.
It's the final step in a dissolution of marriage case and contains all the court's orders regarding property division, spousal support, child custody, and other related matter the judgment must be approved and signed by a judge to be valid. It provides both parties a finality to the divorce as well as binding orders that can be enforced by law if they are violated. However, the judgement can be modified or appealed if certain conditions allow.