Last updated: 8/15/2019
Petition For Separation Of Marriage-RDP (Without Children)
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Description
Petition - Separation Page 1 of 5 (Aug 2019) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF In the Matter of the Marriage or Registered Domestic Partnership (RDP) of: Case No: Petitioner PETITION FOR SEPARATION and OF MARRIAGE RDP Filing fees at ORS 21.155 (marriage) & 21.135 (RDP) Respondent Claim { is is not } subject to mandatory arbitration I need an interpreter: Spanish Russian other: Date of marriage or registration of RDP: Place of marriage or registration of RDP: (County, State) Petitioner and Respondent have no children together under the age of 21 1. (Check one) My spouse or partner and I have differences that are so great that our marriage/RDP cannot be repaired My spouse or partner and I have an agreement that will be filed with the court suspending all rights and obligations as husband and wife/domestic partners for a period of at least one year 2. Duration The separation should be unlimited or (fill in amount of time or end date) 3. Residency Marriage Only: At least one spouse currently lives in the county in which this Petition is being filed Registered Domestic Partnership Only: At least one partner currently lives in the county in which this Petition is being filed or Neither partner currently lives in Oregon and this Petition is being filed in the county where { Petitioner Respondent} last resided 4. Pregnancy Neither party is now pregnant Petitioner Respondent is pregnant (and) the other party is is not the parent of this child. The expected date of the child222s birth is American LegalNet, Inc. www.FormsWorkFlow.com Petition - Separation Page 2 of 5 (Aug 2019) 5. By filing this petition, I acknowledge that I am bound by the terms of the Statutory Restraining Order (SRO) prohibiting either party from disposing of marital/partnership assets. I understand that this restraining order is effective as soon as this Petition and the Summons are served on Respondent. SPOUSAL/PARTNER SUPPORT 6. Support No spousal/partner support is requested or Spousal/partner support should be paid by Petitioner to Respondent (or) Respondent to Petitioner Type of Support: Payment Terms:* Based on these factors: Transitional $ monthly payments beginning the month following: entry of this judgment or the date of service of this Petition or Ending*: Or lump sum payable by (date): Compensatory $ monthly payments beginning the month following: entry of this judgment or the date of service of this Petition or Ending*: Or lump sum payable by (date): Maintenance $ monthly payments beginning the month following: entry of this judgment or the date of service of this Petition or Ending*: Or lump sum payable by (date): *All monthly payments are due by the 1st of the month. All payments end on the death of either party (unless an earlier event is specified above) Choose ONE option: All support payments should be made directly into recipient222s checking or savings account. The spouse or partner receiving support must provide the paying spouse or partner with either current deposit slips or bank name, account name, and account number. To the Department of Justice, Child Support Accounting Unit, PO Box 14506, Salem, OR, 97309. The Department of Justice should provide collection, accounting, and disbursement services. (NOTE: services are only available through DOJ if the receiving party is on public American LegalNet, Inc. www.FormsWorkFlow.com Petition - Separation Page 3 of 5 (Aug 2019) assistance or if your county provides services locally. DOJ will notify you if your case does not qualify for services. Talk to a lawyer for more information.) 7. Life Insurance The party paying support should carry life insurance for the benefit of the other party throughout the period of the support obligation. The coverage should be in the amount of $ PROPERTY AND DEBTS 8. Real Property Neither party has any interest in any real property in Oregon or any other place Both parties have or { Petitioner Respondent has} an interest in real property at: (address) Additional page attached titled 223Section 8 - Real Property224 The legal description of the real property is attached as Exhibit and incorporated in this petition This property should be distributed: equitably, or as follows: 9. Personal Property (Retirement benefits can be divided. See a lawyer if you want to do that) The Petitioner and Respondent have divided between them all personal property that they own. This includes all personal effects, household goods, motor vehicles, pets, and other items of property. Neither party should claim items now in the possession of the other. or Petitioner and Respondent should be awarded an equitable distribution of the parties222 personal property. This includes retirement benefits, pension plans, profit-sharing plans, deferred-compensation plans, and stock option plans held by the parties. or The parties222 personal property should be divided as follows, with equitable distribution of any property not listed: Petitioner should be awarded the following personal property: Additional page attached titled 223Section 9 - Petitioner222s Personal Property224 Petitioner should be awarded all of Petitioner222s retirement benefits, pension plans, profit-sharing plans, deferred-compensation plans, and stock option plans held by Petitioner222s employer, free of any interest by Respondent. Respondent should be awarded the following personal property: Additional page attached titled 223Section 9 226 Respondent222s Personal Property224 American LegalNet, Inc. www.FormsWorkFlow.com Petition - Separation Page 4 of 5 (Aug 2019) Respondent should be awarded all of Respondent222s retirement benefits, pension plans, profit-sharing plans, deferred-compensation plans, and stock option plans held by Respondent222s employer, free of any interest by Petitioner. 10. Distribution of Debts 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 titled 223Section 10, Distribution of Debts224 Each spouse or partner should be responsible for the payment of all debts incurred individually since the date of their separation, all debts distributed to him or her by the court, and all debts secured by property distributed to him or her Debts should be divided as of (date): Transfer of Debts and Property Each party should be ordered to complete all property transfers required by the judgment within 30 days of the date of judgment. Each 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 if either party fails to comply with this requirement. 11. Former Name My former name of should be restored (write the FULL name 226 first, middle, and last) 12. Information required by ORS 107.085 Age of Petitioner: Age of Respondent: Respondent222s contact address: A Confidential Information Form (CIF) has been completed and filed with the court clerk containing all information required by ORS 107.085 that is identified as confidential by UTCR 2.130 for: Petitioner Respondent 13. Pending Cases List any other domestic relations case that has been started but not yet finished in any state between the parties (including spousal/partner support, dissolution (divorce), annulment, separation, or modification) American LegalNet, Inc. www.FormsWorkFlow.com Petition - Separation Page 5 of 5 (Aug 2019) Name or County of Court or Agency State Case No. Involves: (check all that apply) Dissolution, annulment, or separation Spousal/partner support Restraining Order Dissolution, annulment, or separation Spousal/partner support Restraining Order 14. Existing Orders or Judgments List any existing order or judgment in this or any other state between the parties and attach a copy of the signed order or judgment (including dissolution (divorce), annulment, separation, modification, or restraining/protective orders) Name or County of Court or Agency State Case No. Date Signed Involves: (check all that apply) Dissolution, annulment, or separation Spousal/partner support Restraining Order Disso