Did You Get Served with Oregon Divorce Papers?
If your spouse served you with divorce papers, it's normal to feel sad, confused, angry, or a combination of many feelings. But take a deep breath. You got this!
Most importantly, you need to act quickly. If you disagree with the divorce papers, you only have 30 days to take legal action. Keep reading to learn more about your options.
What does it mean to be served with divorce papers?
Getting “served” means your spouse started a divorce court case and gave you a copy of the papers they filed with the court. There are rules for how your spouse can serve you and who can serve you.
Can I stop a divorce after filing?
In Oregon, your spouse can divorce you even if you don’t agree to it.
If you don't want a divorce, you can talk to your spouse to see if they will agree to stop the divorce. If your spouse agrees, ask them to file paperwork to "dismiss" (or end) the divorce case. They must turn in this paperwork at the court where they filed for divorce.
But if your spouse won't stop the divorce, there's nothing else you can do. Ignoring the papers or refusing to cooperate with the divorce process won't stop the divorce. If you want to provide input on the terms of your divorce, you'll need to respond to your spouse's divorce papers within 30 days of getting served. Keep reading to learn more about your options for responding to divorce papers.
What's in the divorce papers?
Divorce petition
A divorce petition (or “Petition for Dissolution of Marriage,” as it’s called in Oregon) is your spouse's application to the court for a divorce. This form will be in the stack of divorce paperwork your spouse serves you with.
Your spouse’s divorce petition will tell you what your spouse wants to happen in the divorce, including:
- How does your spouse want the court to divide your marital property and debts,
- Whether your spouse wants you to pay spousal support, and
- If you have kids:
- Who should get custody,
- The visitation schedule, and
- Who should pay child support.
If your spouse used Oregon’s free divorce forms, the petition might look like this:
Other paperwork
The rest of the divorce paperwork has information about your rights and responsibilities during an Oregon divorce. The typical set of Oregon divorce papers includes:
- Summons for Family Law Case: This is like a cover letter. It tells you what paperwork your spouse served you with and provides information about your rights in the case.
- Notice of Filing of Confidential Information Form: This standard notice tells you your spouse filed a confidential form with the court with personal details about you, your spouse, and your kids. This confidential information form is just for the court’s eyes.
- Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership. This form has details about your spouse, you, and your marriage.
- Notice of Statutory Restraining Order Preventing Dissipation of Assets. This form tells you about the rules you must follow now that your spouse has started a divorce. These rules limit your ability to buy and sell property and acquire debt during your divorce case.
- Other notices. Depending on the county where your spouse filed the divorce, you may also get other notices. These notices might include information about health insurance rights, parenting class requirements, custody and parenting time mediation, and other things you need to know about your divorce case.
Occasionally, you may get other paperwork not on this list, such as a motion for temporary orders or a request for documents. Read this paperwork carefully to understand what your spouse is asking for. Pay attention to any deadlines listed on the paperwork. If you don’t understand the paperwork, talk to a family law facilitator or a divorce lawyer as soon as possible.
How do I respond to the divorce papers?
It depends on your situation.
If you agree with everything in your spouse's divorce petition
If you agree on all the details of your divorce, this is called an "uncontested divorce." But there's still more work to do. Your spouse or you must prepare and file more paperwork with the court to finalize your divorce. You can get help wrapping up your case from your local court's family law facilitator.
If you don’t agree with everything in your spouse’s divorce petition
You must file a form called a "Response to Petition for Dissolution of Marriage" ("Divorce Response") with the court. You have only 30 days from the date you got your spouse's divorce papers to do so. You must file this form at the same courthouse where your spouse started this divorce. Learn how to file a divorce response in Oregon here.
If you don’t want to get a divorce in the state where your spouse filed for divorce
Before filing any paperwork, talk to a divorce lawyer in the state where your spouse filed for divorce and a divorce lawyer in the state you want to transfer the divorce case to. These lawyers can help you understand:
- Whether it’s possible to transfer your divorce case to a different state
- The steps to transfer your case to another state
- The divorce laws in each state and how they may affect the outcome of your divorce
Do I have to respond to divorce papers?
No. But if you don’t respond, your spouse can get a divorce without your involvement. The divorce will be on the terms your spouse laid out in their divorce paperwork.
If you want input on the terms of your divorce, including what will happen with your shared property and debts and your minor children (if you have any), you should file a legal document called a "Divorce Response." Learn how to file a response here.
Do I need a lawyer to help me respond to divorce papers?
No. Many people respond to divorce papers independently without the help of a lawyer. Oregon has free court forms you can use. Visit this page for more information on how to file a divorce response.
However, if you want to get a divorce in a different state, you should talk to a divorce lawyer before responding.
Summary
Going through a divorce is tough. But knowing what to do and understanding your options is important. If you get divorce papers from your spouse, it's important to act quickly and figure out what steps you should take next. Even though this is a hard time, learning about the divorce process and what you can do will help you handle everything that comes your way.
More frequently asked questions
Here’s how you can check if your spouse filed divorce papers with an Oregon court:
- Look for a "filing stamp" on the paperwork. This stamp will be on the first page of each set of forms. It will have a 9-digit case number with the letters "DR" in it. It will also list the date your spouse filed the papers.
- Search for the divorce case on the court's website. Use the Oregon Judicial Department Online Records Search to see if your spouse started a divorce. Try searching by your name and your spouse's name. In the court records, a divorce is called a "dissolution" case.
- Call the court. Call an Oregon circuit court (preferably the court in the county where you or your spouse lives) and ask a court employee to check if your spouse filed for divorce. Court employees can see cases filed in any Oregon county.
Tip: If your spouse filed for divorce in another state, start by calling the court where your spouse filed divorce papers. You can ask court staff if they have any active divorce cases under your or your spouse’s name.
If your spouse didn’t file their divorce papers with a court, you can:
- Do nothing until your spouse files the documents and legally serves you,
- Tell your spouse they need to file their divorce papers with the court and then legally serve you, or
- File for divorce yourself.
Yes. The divorce paperwork your spouse filed is public record. This means your boss, neighbors, friends, or anyone else could go to an Oregon courthouse and look up your Oregon divorce case.
This also means that anything you turn in to the court during your divorce case is a public record. So, be mindful of what you write in court paperwork.
Tip: If you need to keep your address, phone number, or other contact information from the public record, you can write down a friend or family member’s contact information on court forms instead of your own. But be sure to check with that person first. You should also let them know they need to contact you immediately if they get mail or a phone call from the court.
If you have a really good reason for missing the deadline, you may be able to file your response late. A good reason for missing the deadline might include:
- You didn't get the divorce papers until after the deadline
- You got injured or extremely sick after you got the papers and couldn't respond
- You had some other emergency that prevented you from responding within 30 days
If you missed the deadline, but your spouse hasn't finalized your divorce, you can try to file your response late. Sometimes courts will let you do this without making you go through extra steps.
If you missed the deadline, but your spouse already finalized your divorce, you'll need to file paperwork asking the court to reverse the divorce. There are no free court forms, however, so you'll need to contact your local court facilitator or a divorce attorney for help with this step.