Oregon Response to Petition for Dissolution of Marriage

State:
Oregon
Control #:
OR-HJ-202-13
Format:
PDF
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A02 Response to Petition for Dissolution of Marriage

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FAQ

Proof of Personal Service (Form FL-330): This form confirms that the response to divorce petition was filed with the court and served on the other spouse. Alternatively, the respondent can also serve them by mail, in which case they will need to complete and file the form for Proof of Service by Mail (FL-335).

If you fail to respond to the petition by filing an Answer within the 30 day period, you will waive your right to receive any future notices regarding the final trial in the matter, including the time and place of the trial, the entry of judgment, and any notification of the court's decision.

If you do not respond to your spouse or partner's petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a "default" or an "uncontested case." In a true default case, you are giving up your right to have any say in your divorce or legal separation case.

Mail or physically take your written response to the clerk of courts in the county where your spouse filed the initial divorce petition. Check your state's and county's requirements, as you may need to file additional forms such as a financial disclosure form when you file your written response.

The spouse who has been served with the divorce/dissolution petition is called the "respondent" or "defendant" in the divorce/dissolution process. He or she must respond to ("answer") the petition within a certain time (usually about three weeks).

Filing an AnswerYou can ignore the filing, in which case your divorce will proceed by default. This means the court will likely grant whatever request your spouse makes regarding the division of property and debt, child custody, child support, and alimony. Alternatively, you can file an answer with the court.

If the divorce petition isn't returned then you need to apply to the court for the next stage of proceedings.

When one spouse in California files a petition for divorce, the other spouse must be formally served with papers.When a spouse doesn't respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.

There is no specific time period for a divorce petition to be served upon the Respondent recorded as a rule within the Family Proceedings Rules 2010 and so the petition does not technically 'expire' if it is not served on the Respondent.

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Oregon Response to Petition for Dissolution of Marriage