Free Form 1 Petition for Dissolution of Marriage with Required Notices to Parties - Oregon

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN In the Matter of the Marriage of: , Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. PETITION FOR DISSOLUTION OF MARRIAGE/ DOMESTIC PARTNERSHIP DOMESTIC RELATIONS CASE SUBJECT TO FEE UNDER ORS 21.111 CLAIM SUBJECT NOT SUBJECT TO MANDATORY ARBITRATION

and

, Respondent. and , Child who is at least 18 and under 21 years of age, unmarried and unemancipated. (ORS 107.108)

1.

Date of marriage/domestic partnership (County, State).

. Place of marriage/domestic partnership:

2.

Irreconcilable differences between the parties have caused the irremediable breakdown of their marriage/domestic partnership. Certificate of Residency: Marriage Only: I certify that one or both of the parties to this case currently live in the county in which this petition is being filed. Domestic Partnership Only: I certify that one or both of the parties to this case currently live in the county in which this petition is being filed, or neither party currently resides in Oregon but I certify that this petition is filed in the county where Petitioner or Respondent last resided. The Petitioner Respondent is an Oregon resident and has continuously resided in Oregon for the past six months. By filing this petition, I acknowledge that I am bound by the terms of the statutory restraining order prohibiting either party from disposing of marital/domestic partnership assets, a copy of which I have received and read, and understand that this restraining order is effective immediately upon service of this Petition and the Summons upon the Respondent.

3.

4.

5.

PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 1 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

6.

Children Born to Both Parties. Name Date of Birth Social Security No.
Do not list. Provide by UTCR 2.100 Affidavit Do not list. Provide by UTCR 2.100 Affidavit Do not list. Provide by UTCR 2.100 Affidavit

Address

Additional page attached; labeled "Paragraph 6 continued." Petitioner Respondent is pregnant. Petitioner Respondent is is not the parent of this child. The expected date of the child's birth is . Neither party is now pregnant. 7. Child/ren Born During Marriage/Domestic Partnership. List any child/ren born during the marriage/domestic partnership that spouse/domestic partner is not the parent of, and that were not conceived when husband and wife/domestic partners were living together: (Name(s) and Date(s) of birth) UCCJEA Information. The child/ren listed above has/have continuously resided in Oregon for the six months preceding the filing of this case. List the places where the minor child/ren of the parties has/have lived in the last five years and the names of the people they lived with at that time. 8. Dates From/To County, State Parent(s)/Caretaker Current Address/Contact Address of Parent/Caretaker Which Children

Additional page attached; see section labeled "paragraph 8 continued." I have have not participated in any litigation concerning the custody, visitation, parenting time or placement of the child/ren in this or any other state. I have participated in the following litigation: Name of Court State Case No. Date Result

I do not know of any other domestic violence, custody, visitation, parenting time or placement proceeding involving the child/ren, or of any other court case which could affect this case, pending in this or
PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 2 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

any other state except for: (Identify court, case number and the kind of proceeding) I do not know any person other than my spouse/domestic partner who has physical custody of the child/ren or who claims to have custody, visitation or parenting time rights except for: (List name and address) 9. Parenting Plan (Custody and Parenting Time). Custody of the child/ren should be awarded as follows: Petitioner should be awarded sole custody of the following child/ren (list names): Respondent should be awarded sole custody of the following child/ren (list names): The parties have agreed to joint custody of the following child/ren (list names): Petitioner Respondent should have parenting time with the child/ren as set forth in the attached Parenting Plan, labeled Exhibit , or Other:

Petitioner Respondent should not be granted parenting time because this would endanger the health and safety of the child/ren. State supporting facts: Parenting time should be supervised by Any cost of the supervision shall be paid by Petitioner Respondent Other: Petitioner and Respondent should each provide contact addresses and contact telephone numbers to the other and notify each other of any emergency circumstances or substantial changes in the child/ren's health. Petitioner should be allowed to move more than 60 miles further distant from the other parent without advance notice because good cause exists. 10. Child Support, including Health Care Coverage and Cash Medical Support. A. Other Pending Child Support Cases. (Check one.) No other agency or court child support proceeding is currently pending (include any child support matter being heard as part of a dissolution, separation, annulment, paternity, support or modification case). There is/are other child support proceeding(s) currently pending in either an agency or court case as set forth in the CERTIFICATE RE: PENDING CHILD SUPPORT PROCEEDING and/or EXISTING CHILD SUPPORT ORDER attached to this petition. B. Other Child Support Orders. (Check one.) No other child support orders, from an agency or court, are currently in effect in the State of Oregon or any other state. There is/are other child support orders from an agency or court as set forth in the CERTIFICATE RE: PENDING CHILD SUPPORT PROCEEDING and/or EXISTING CHILD SUPPORT ORDERS/JUDGMENTS attached to this petition.
PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 3 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

C. Currently Effective Child Support Order. (Check any that apply.) The following child support order/s is/are currently in effect: (List state, court/agency, case number, date of order) This order should remain in place, or This order is from an Oregon court or agency, one of the parents or the child/ren receiving support still resides in Oregon and the order should be changed because circumstances have changed since the last order was entered. State facts showing how circumstances have changed:

D. Child Support in this Case. No child support should be ordered in this case because: Child support has already been ordered as described in "C" above and this order should remain in place. Other reason: Child support should be paid by Petitioner to Respondent OR Respondent to Petitioner beginning on the first day of the month following the date of the judgment and continuing on the first (1st) day of each month thereafter. Under the Support Guidelines set out in Oregon's Administrative Rules, the total payment of child support per month should be: $ for child/ren, as reflected in the attached Worksheets, or determined prior to judgment. If a specific amount is indicated above, that amount: does not deviate from the amount presumed correct under the guidelines. deviates from the amount presumed correct under the guidelines because application of the formula would be unjust or inappropriate in this case because of (check one or more that apply): Recurring medical expenses (describe):

Other Includes Cash Medical Support for out-of-pocket medical expenses exceeding $250 per year per child in the amount of $ and/or To reimburse for public health care costs in the amount of $ (Check if applicable) Petitioner Respondent and/or Child/ren are eligible for public medical assistance and should not be ordered to pay cash medical support. All payments of child support should be made to the Department of Justice, Child Support Accounting Unit, P.O. Box 14506, Salem, Oregon, 97309 by electronic payment withdrawal (EPW) or electronic funds transfer (EFT). Petitioner requests that collection, accounting, disbursement, and enforcement services be provided by the Department of Justice. In addition, support for a child attending school (between the ages of 18 and 21) as defined by Oregon law shall be distributed by the Department of Justice directly to the child subject to ORS 107.108.
PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 4 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

(Applies only if support enforcement services are not being provided.) Petitioner requests an exception to the income withholding requirement of ORS 25.378 allowing payment to be made directly to Petitioner's Respondent's checking or savings account. A receipt of deposit should be kept by the parent paying support as proof of payment. The parent receiving support should provide the paying parent with current deposit slips and/or bank name, account name, and account number. E. Health care coverage. (Check any that apply.) 1.) PRIVATE INSURANCE IS AVAILABLE A.) THROUGH ONE PARENT Petitioner or Respondent has/have appropriate private health care coverage available for the parties' child/ren either through an employer, union, or other source, or through a domestic partner, spouse or other family member residing with them (describe type of coverage): I request that Petitioner Respondent be ordered to maintain this coverage throughout the period of the support obligation for the benefit of the parties' child/ren. B.) THROUGH BOTH PARENTS Both Petitioner and Respondent have appropriate private health care coverage available for the parties' child/ren. I select the following health care coverage to be maintained throughout the period of the support obligation: Petitioner's Respondent's Both Petitioner's and Respondent's (describe type/s of coverage): 2.) NO PRIVATE INSURANCE IS AVAILABLE NOW Neither Petitioner nor Respondent has appropriate private health care coverage available for the parties' child/ren A.) Petitioner Respondent Both Petitioner and Respondent should be ordered to apply for and enroll the child/ren in public health care coverage. B.) Petitioner Respondent has already applied to enroll the child/ren in public health care coverage. This coverage should be maintained if the child/ren are accepted for enrollment. C.) The child/ren are currently enrolled in public health care coverage. This coverage should be maintained. D.) Both Petitioner and Respondent should be ordered to provide appropriate private health care coverage when such coverage becomes available to them through any source. 3.) RESPONSIBILITY FOR UNINSURED HEALTH EXPENSES Petitioner should pay % and Respondent should pay % of the uninsured HEALTH, ACCIDENT, DENTAL, ORTHODONTIC, AND OPTICAL HEALTH costs incurred by the child/ren. This obligation is in addition to any cash medical support requested in paragraph 10(D) as part of the child support award. /// /// /// /// ///
PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 5 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

F.

(Check one.) Petitioner Respondent shall be entitled to claim the following child(ren) as dependent(s) for tax purposes beginning the year this judgment is entered (list names): OR Other (specify):

G.

The support payments for each child should continue until the child reaches 18 years of age or is otherwise emancipated, or until the child reaches age 21, so long as the child is a student attending school, as defined by Oregon law.

11. Life Insurance Coverage for Child/ren. Petitioner Respondent should obtain and maintain life insurance for the benefit of the parties' child/ren throughout the period of the support obligation. The coverage should be in the amount of $ 12. Additional Provisions. Additional page attached; labeled "Paragraph 12 Continued - Additional Provisions." 13. Spousal Support and Life Insurance. No spousal support or spousal life insurance claims are made in this case. Additional page attached, see Page 5a labeled "Spousal Support and Life Insurance." 14. Real Property. Neither Petitioner nor Respondent has any interest in any real property located in this or any other state. Petitioner Respondent has/have an interest in real property located at the address of: This property should be distributed: equitably, or as follows: Additional page labeled "Paragraph 14 - Real Property Distribution continued" attached. The legal description of the real property is attached as Exhibit and incorporated in this petition. Distribution of this property is not within the jurisdiction of this court. 15. Personal Property (including motor vehicles). The Petitioner and Respondent have divided between them all personal effects, household goods, and other personal property they own separately or together, and neither should claim those items now in possession of the other. The Petitioner should be awarded: an equitable distribution of the parties' personal property, or the following personal property: Additional page labeled "Paragraph 15 - Petitioner's Personal Property Distribution continued" attached. The Petitioner should be awarded his/her retirement benefits, pension plan, profit-sharing plan, deferred-compensation plan, and /or stock option plan held by Petitioner's employer, free of any interest in the Respondent.
PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 6 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

The Respondent should be awarded: an equitable distribution of the parties' personal property, or the following personal property: Additional page labeled "Paragraph 15 Respondent's Personal Property Distribution continued" attached. The Respondent should be awarded his/her retirement benefits, pension plan, profit-sharing plan, deferred-compensation plan, and/or stock option plan held by Respondent's employer, free of any interest in the Petitioner. 16. Distribution of Debts. There are no outstanding debts of this marriage/domestic partnership. The debts should be paid as follows: Name of Creditor (who debt is owed to) What debt is for Amount Who should pay (Petitioner or Respondent)

Additional page attached, labeled, "Paragraph 16 continued". Each spouse/domestic partner should be responsible for the payment of all debts incurred by him/her individually since the date of their separation; all debts which are distributed to him/her by the court; and all debts which are secured by property distributed to that spouse/domestic partner. Also, if any creditor asks the spouse/domestic partner not responsible for a debt to pay all or a portion of it, and s/he does so, the spouse/domestic partner responsible for that debt should reimburse the other spouse/domestic partner for any monies s/he paid to the creditor after the date of the judgment. 17. Transfer of Debts and Property. Within 30 days of the date of judgment, each party should execute, acknowledge, and deliver whatever documents are necessary to accomplish the distribution of debts and property ordered by the court. The judgment should operate to convey title to the spouse/domestic partner awarded the property if the other spouse/domestic partner fails to comply with this requirement. 18. Former Name. Petitioner's Respondent's former name of

should be restored.

19. Information Required by ORS 25.020 and ORS 107.085. Disclosure of the following information would unreasonably put to risk the health, safety, or liberty of Petitioner Respondent or child/ren for the following reasons: /// /// ///
PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 7 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

Otherwise: (Fill out the information in the table below) Petitioner Full Name Former Legal Name(s) Age Address or Contact Address Telephone Number Social Security Number Drivers License Number Employer Name Employer Address Employer Telephone Additional page labeled "Paragraph 19 continued" attached. 20. Court Costs and Fees. A. Deferred Costs and Fees Any court costs and service fees (if service completed by the Sheriff) that are deferred (required to be paid at a later date) by the court should be paid by: Petitioner Respondent Both parties equally Other: B. Costs and Fees Paid by the Parties Each party should be responsible for paying his or her own court costs and service fees for this case. To be paid by both parties equally Petitioner Respondent should reimburse the other party for his or her court costs and service fees for this case. Other: Judgment should be entered according to the cost and fee allocation listed above. 21. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document for myself and I completed it without paid assistance. I paid or will pay money to for assistance in preparing this form. /// /// /// /// /// /// ///
PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 8 OF 9
Disso 1B: Petition1BVer10.doc (1/08)

Respondent

Do not list. Provide by UTCR 2.100 Affidavit.

Do not list. Provide by UTCR 2.100 Affidavit.

WHEREFORE, Petitioner requests a Judgment granting the relief asked for above, and other equitable relief that the Court thinks is just. STATE OF County of ) ) ss. )

I, , being duly sworn, say that I am the Petitioner in this matter and that the foregoing petition is true and correct to the best of my knowledge.

Petitioner (signature) Print Name Address or Contact Address City, State, Zip Code Telephone or Contact Telephone

SIGNED AND SWORN to before me this By:

day of

, 20

Notary Public for My Commission Expires: I certify that this is a true copy:

/Court Clerk

Petitioner (signature)

PETITION FOR DISSOLUTION OF MARRIAGE/DOMESTIC PARTNERSHIP - PAGE 9 OF 9
Disso 1B: Petition1BVer10.doc (1/08)