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

Form 1
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

In the Matter of the Marriage of: ________________________________, Petitioner,

and ________________________________, Respondent.

) ) ) ) ) ) ) ) ) ) )

Case No. ______________________ PETITION FOR DISSOLUTION OF MARRIAGE

If this box is checked, both parties to this dissolution action have signed
this document and are filing as Co-Petitioners.
1. 2. 3. Date of marriage: _________________. Place of marriage: ___________________________________.
(County, State)

Irreconcilable differences between the parties have caused the irremediable breakdown of their marriage. Certificate of Residency. I certify that one or both of the parties to this case currently live in the county in which this petition is being filed. The wife husband is an Oregon resident and has continuously resided in Oregon for the past six months. No other domestic relations suit or support proceeding involving this marriage is pending in this or any other state. There are no unemancipated children under the age of 18 of this marriage, OR no child of this marriage is age 18 to 21 and a "child attending school" as defined in ORS 107.108. Spousal Support, Life Insurance and Medical Coverage.

4. 5. 6.

7.

No spousal support, spousal life insurance, or spousal medical coverage claims are made in this case. The terms set out below shall be in effect.
A. Spousal Support. Support shall be paid by: Husband to Wife (or) Wife to Husband In the amount of: $________________ per month, or $____________ by __________(date). Period support payments shall last: __________________________, or the death of either party, whichever comes first.

The support shall be called (check one or more): transitional compensatory spousal maintenance, based on consideration of the following factors: ______________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Page 1 of 5 - PETITION FOR DISSOLUTION
Linn County Form Disso1C: Form 1 Petition for Dissolution of Marriage with Required Notices to Parties.wpd (2/06)

Payments. Payments should be made on the first day of each month beginning the month following the date the judgment is signed by a judge. All payments of spousal support should be made: (check (a) or (b)): (a) To the Department of Justice, Child Support Accounting Unit, P.O. Box 14506, Salem, Oregon, 97309. Petitioner requests that collection, accounting, disbursement, and enforcement services be provided through the Department of Justice. (Required if child support is paid through the state.) (b) Directly into __________________________________'s checking, savings account or the parties shall establish an electronic funds transfer arrangement to have the support payments paid directly from the payor's bank account into payee's bank account. A receipt of deposit should be kept by the paying spouse as proof of payment. The spouse receiving support should provide the paying spouse with current deposit slips and/or bank name, account name, and account number. B. Life Insurance. Husband Wife should buy and maintain life insurance for the benefit of Husband Wife throughout the period of the spousal support obligation, in the amount of $__________________. Medical Coverage. Husband Wife should buy and maintain health, accident, dental and optical insurance for the benefit of Husband Wife, if insurance is available through his/her employment, group or union. The insurance payments should be additional spousal support, and should be treated as such for tax purposes. If coverage for a former spouse is available through the purchasing spouse's employment, group or union, and this membership is later terminated, the purchasing spouse should notify the other spouse of this before or immediately upon termination. 8. Real Property. Neither wife nor husband has any interest in any real property located in this or any other state. Husband Wife has/have an interest in real property located at the address of:__________________________________ __________________________________________________________________________________________________ This property should be distributed as follows: __________________________________________________________ __________________________________________________________________________________________________ The legal description of the real property is attached as Exhibit ____ and incorporated in this petition. Husband Wife shall be responsible for the preparation, signing and recording of a deed, transferring the real property as required by this judgment. Distribution of this property is not within the jurisdiction of this court. Personal Property (including motor vehicles). The wife and husband 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 wife should be awarded the following personal property: __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ The wife should be awarded her retirement benefits, pension plan, profit-sharing plan, deferred-compensation plan, and /or stock option plan held by wife's employer, free of any interest in the husband. C.

9.

The husband should be awarded the following personal property:
__________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ The husband should be awarded his retirement benefits, pension plan, profit-sharing plan, deferred-compensation plan, and/or stock option plan held by husband's employer, free of any interest in the wife. Additional page attached; labeled "paragraph 9 continued." Page 2 of 5 - PETITION FOR DISSOLUTION
Linn County Form Disso1C: Form 1 Petition for Dissolution of Marriage with Required Notices to Parties.wpd (2/06)

10.

Distribution of Debts.

There are no outstanding debts of this marriage. The debts should be paid as follows:
Name of Creditor (who debt is owed to) What debt is for Amount Who should pay (Husband or Wife)

Additional page attached, labeled, "paragraph 10 continued".
Each spouse 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. Also, if any creditor asks the spouse not responsible for a debt to pay all or a portion of it, and he or she does so, the spouse responsible for that debt should reimburse the other spouse for any monies he/she paid to the creditor after the date of the judgment. 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 covey title to the spouse awarded the property if the other spouse fails to comply with this requirement. 12. Former Name. 11.

Husband's Wife's former name of ___________________________should be restored.
13. Court Costs and Fees. A. 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. Husband Wife 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.

14.

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.

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Linn County Form Disso1C: Form 1 Petition for Dissolution of Marriage with Required Notices to Parties.wpd (2/06)

WHEREFORE, petitioner requests a Judgment granting the relief asked for above, and other equitable relief that the Court thinks is just. STATE OF ______________________) ) ss. County of ________________________) 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's Signature _____________________________________________ Print Name

_____________________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

SIGNED AND SWORN to before me this _________ day of ______________, 20_____,

___________________________________ Notary Public for ____________/Court Clerk My Commission Expires: ______________

CO-PETITIONER / RESPONDENT
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's Signature _____________________________________________ Print Name

_____________________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone SIGNED AND SWORN to before me this _________ day of ______________, 20_____,

___________________________________ Notary Public for ____________/Court Clerk My Commission Expires: ______________

I certify that this is a true copy. __________________________________
Petitioner (signature)

Page 4 of 5 - PETITION FOR DISSOLUTION
Linn County Form Disso1C: Form 1 Petition for Dissolution of Marriage with Required Notices to Parties.wpd (2/06)

[Attach to Summons per Section 2(5), Chapter 414, Oregon Laws 2003 (03SB801)] NOTICE OF STATUTORY RESTRAINING ORDER PREVENTING THE DISSIPATION OF ASSETS in DOMESTIC RELATIONS ACTIONS

REVIEW THIS NOTICE CAREFULLY. BOTH PARTIES MUST OBEY EACH PROVISION OF THIS ORDER TO AVOID VIOLATION OF THE LAW. SEE INFORMATION ON YOUR RIGHTS TO A HEARING BELOW.

TO THE PETITIONER AND RESPONDENT: PURSUANT TO Section 2, Chapter 414, Oregon Laws 2003 and UTCR 8.080, Petitioner and Respondent are restrained from: A. Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary. B. Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy. C. Transferring, encumbering, concealing or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. (A) Paragraph (3) does not apply to payment by either party of: (i) Attorney fees in this action; (ii) Real estate and income taxes; (iii) Mental health therapy expenses for either party or a minor child of the parties; or (iv) Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties. D. Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party. (A) Paragraph (4) does not apply to payment by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

AFTER FILING OF THE PETITION, THE ABOVE PROVISIONS ARE IN EFFECT IMMEDIATELY UPON SERVICE OF THE SUMMONS AND PETITION UPON THE RESPONDENT. IT REMAINS IN EFFECT UNTIL A FINAL DECREE OR JUDGMENT IS ISSUED, UNTIL THE PETITION IS DISMISSED, OR UNTIL FURTHER ORDER OF THE COURT. PETITIONER'S/RESPONDENT'S RIGHT TO REQUEST A HEARING Either petitioner or respondent may request a hearing to apply for further temporary orders, or to modify or revoke one or more terms of the automatic mutual restraining order, by filing with the court the Request for Hearing form specified in Form 8.080.2 in the UTCR Appendix of Forms.

Page 5 of 5 - PETITION FOR DISSOLUTION
Linn Coun ty Form Disso1C: Form 1 Petition for Dissolution of Marriage with Required Notices to Parties.wpd(2/06)