Instructions to File For Divorce in Oregon Form
In order to be able to file for divorce in the State of Oregon, use the following instructions.
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Filing For Dissolution of Marriage/Domestic Partnership, Cases with Children
Instructions for Packet 1B
Notice about these instructions and forms.
These instructions are not a complete statement of the law. They cover basic procedure for
uncomplicated divorce cases. For legal information, please talk to a lawyer or visit your local law library.
Each court has local rules, programs and procedures that may not be explained in these instructions.
Information about how to contact your local court may be found at the Oregon Judicial Department website:
http://www.courts.oregon.gov
.
This set of forms and instructions will allow you to file for and obtain a divorce where the parties have children.
The instructions are broken down into four basic steps. The forms that go with each step are listed below.
Steps and Forms Page (Instructions)
1. Starting your Divorce 2
Acknowledgment about Dissolution (Divorce/Separation)
Petition for Dissolution of Marriage/Domestic Partnership
Summons
Certificate of Mailing
Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/
Judgments
Automatic Statutory Restraining Order Preventing Dissipation of Assets
Confidential Information Form (CIF)
Notice of Filing of CIF
CIF Information Sheet
Affidavit of Service/Acceptance of Service
Record of Dissolution of Marriage/Domestic Partnership
(Vital Statistics Form; Available from your local court)
2. Waiting for a Response; Taking a Default 6
Ex Parte Motion for Order of Default; and Order
Affidavit in Support of Motion for Order of Default
3. Waiting 90 days 7
4. Finalizing Your Divorce 9
Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and Order
Affidavit in Support of Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of
Hearing
Affidavit Supporting Judgment of Dissolution
General Judgment of Dissolution of Marriage/Domestic Partnership
Attachments: Child Support Worksheet, Uniform Support Declaration, Parenting Plan, Parenting Class
Certificate of Completion
When filling out the forms, follow these directions:
• You are the named “petitioner” on all court forms and your spouse/partner is the “respondent”. Use full
names (first, middle or middle initial, last) and print the names the same on all forms.
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• The clerk will give you a case number when you file your papers. Make sure to put this on all copies and
originals.
• Some forms have to be notarized or signed in the presence of a court clerk. You will need your picture ID for
this. Many banks provide notary services.
• Many forms say on the bottom, “I certify that this is a true copy,” and provide a place to sign. Don’t sign this
line on the original form or on your own copy . You need to sign this line only on the copies that are served on
your spouse/partner.
• Make yourself a copy of any document you are filing with the court. File the original with the court clerk.
• Keep the court informed of your current address so you get notice of all court dates. You are not required to
use your residential address on any court form. You may use a contact address where you regularly check
in. If you use a contact address, the court will assume that you will receive all notices sent to that address.
Note: If you fear for your safety, you may be able to obtain a non-disclosure order. Consult with your
local court for instructions as well as the appropriate forms.
S
TEP 1: STARTING YOUR CASE
Legal Issues to Consider.
A divorce case starts with a “petition” which lists the items you are asking the court to order in the
“judgment”. The judgment is the document that finalizes your divorce and contains your rights and
responsibilities. Oregon law provides that a number of issues must be addressed in the judgment. Before you
fill out the petition, you should think about how you want to handle these issues.
You may not know what real or personal property to ask for in the beginning because you are not sure
what property you own either alone or together with the other party. Or you may not know how much spousal
or child support to ask for in the beginning because you do not know how much the other party earns. The
Petition provides options for either indicating a specific amount or distribution of property or, where you do not
know, you may ask that these be made “equitably” (i.e., fairly) or “prior to judgment” so that you have time after
filing the petition to find out what property you own or how much the other party earns. HOWEVER:
• if you do NOT ask for a specific amount or distribution in the Petition, or
• what you ask for in the Judgment is different from what you asked for in the Petition, the court may
require you to re-serve documents on the other party before it will enter a final judgment. This is so that the
other parent knows what is being asked for if the Judgment is different from what was in the Petition.
Parenting Plan. A parenting plan is required for cases involving a minor child. The plan sets out the
schedule and rules for each parent’s time with the child. The parenting plan may include safety provisions for
the child if domestic violence, substance abuse, child abuse or other circumstances are involved in your case.
A mediator can help parents create a parenting plan. Information about parenting plans may also be
available through your court’s parent education program, the courthouse facilitator, or your local law library.
The Oregon Judicial Department and the State Family Law Advisory Committee have created a “Basic
Parenting Plan Guide for Parents” with information about how to develop a plan, information about
alternative schedules, and ages and stages of your child[ren] which should be considered in creating a
plan. A sample parenting plan form is included in the Guide. The Guide may be downloaded from the
OJD Family Law Website at http://www.courts.oregon.gov/familylaw
. There is also a “Safety Focused
Parenting Plan Guide” on this website to help you develop a parenting plan where there are safety
concerns for your children.
If the parents don’t agree on a parenting plan, a judge will order a parenting plan for you.
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Oregon law (ORS 107.159) prevents either parent from moving more than 60 additional miles away
from the other parent without giving him or her and the court notice of the move. You may ask the judge to
waive this requirement by checking the last box in the parenting plan section of the petition.
For information about child custody, you may call Tel-Law (1-800-452-4776) tape 902, or visit
www.osbar.org.
Child Support. IMPORTANT! Oregon law requires that the petitioning party submit a
CERTIFICATE stating whether there are any pending child support proceedings or existing child
support orders involving the parties’ child[ren]. To comply with this requirement, fill out and submit the
form called “CERTIFICATE re: PENDING CHILD SUPPORT PROCEEDINGS and/or EXISTING
CHILD SUPPORT ORDERS/JUDGMENTS” in this packet. You will be required to attach certified
copies of any pre-existing child support orders (certified copies may be obtained from the clerk of the
issuing court).
In most cases, the court will order child support if the parties have a child and no child support order
already exists. The amount of support, if ordered, will be determined by the Child Support Guidelines
. The
Guidelines have worksheets to help you figure out who should pay support and how much it should be.
Support is typically withheld from wages unless an exception is allowed for direct deposit to the other
parent’s checking or savings account, or, if support enforcement services are being provided to either
parent, as an “electronic payment withdrawal (EPW) or electronic funds transfer (EFT)” to a
Department of Justice account. (EPW and EFT are procedures whereby funds are automatically withdrawn
from a checking/savings account as authorized by the account holder.) Information about child support,
including the Guidelines and Worksheets, is on the Internet at:
http://www.dcs.state.or.us/oregon_admin_rules/guidelines.htm
This website also has a Child Support Calculator which may help you to calculate the amount of child support
which should be paid: http://www.dcs.state.or.us/calculator. Your local court facilitator, legal aid office or
child support program may also be able to help you calculate the amount of support.
Cash Medical Support. In addition to cash child support, Oregon law may require the payment of cash
medical support. If neither party has private health insurance for the child(ren) or if the health insurance is to be
provided only by the parent that receives cash child support, the court is required to order cash medical support
unless the court finds there are reasons not to order it. The purpose of cash medical support is to help defray the
cost of health insurance and the cost of uninsured medical expenses. The judge cannot order you or the other
party to pay cash medical support if you or the other party has a dependent child in the household who is eligible
to receive public medical assistance or if you or the other party is eligible for public medical assistance
yourselves. A party who makes no more than Oregon minimum wage cannot be ordered to pay cash medical
support
Oregon law requires the court to make sure that payment for the child(ren)’s uninsured medical expenses
are addressed in the judgment. Although you may request that each party share the out-of-pocket medical
expenses that exceed $250.00 per child per year, it may not be appropriate to request both the payment of cash
medical support and the sharing of uninsured medical expenses. That is because one of the purposes of cash
medical support is to help pay for the cost of uninsured medical expenses.
Unmarried and Unemancipated Children at Least 18 and Under 21 Years of Age. Under Oregon
law unmarried unemancipated children who are at least 18 and under 21 years of age are necessary parties to all
family law cases involving support. The Petition
forms that deal with support will have a line to write in the
child’s name, including them in the heading. The Judgment
forms will have a place indicating how the child
has been involved in the case, and if applicable, a place to sign underneath Petitioner and Respondent signatures
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agreeing to the judgment. As a party to the case, these children must be legally served with all the required
documents. After they are served, children may sign a Waiver of Further Appearance and Consent to Entry of
Judgment form found in Packet 6J if the child does not choose to participate further in the case. Also note that
on both the Petition form and the Judgment form you must select whether support stops at age 18 or whether it
continues until age 21 if the child continues to attend school
Insurance. Oregon law requires that the judgment address the issue of health insurance for any minor
child involved in your case, and for payment of uninsured medical expenses. It also must provide for security
for the payment of support, such as life insurance. In the health care coverage section, you must mark any of the
options that apply to your family’s situation. There are two major categories involved in determining health
care coverage for the children: private
, such as insurance available through employment, and public , such as the
Oregon Health Plan.
If either you, your spouse/partner, or both of you have private health care coverage available for the
children, you must fill out the “PRIVATE HEALTH CARE COVERAGE IS APPROPRIATE AND
AVAILABLE” section. If neither you nor your spouse/partner have private insurance available for the children,
you will fill out the section called: “NO PRIVATE INSURANCE IS APPROPRIATE OR AVAILABLE.”
Regardless of insurance availability, everyone must complete the section called: “RESPONSIBILITY FOR
UNINSURED HEALTH EXPENSES.” It may be appropriate to equally divide the expenses if no cash medical
support is ordered or for the custodial parent to pay most or all of the uninsured expenses if cash medical
support is being paid to that parent.
Spousal Support. Oregon law provides for three different categories of spousal support: transitional,
compensatory and spousal maintenance. Transitional support may be ordered for a spouse/partner to get work
related education and training. Compensatory spousal support may be ordered if one party has significantly
contributed to the education, training, vocational skills, career or earning capacity of the other spouse/partner.
Spousal maintenance may be ordered for the support of one spouse/partner. The judge will consider a number
of factors when making the award, and may order more than one type of support. For more information on what
the judge will consider, please refer to ORS 107.105 (to view, visit your local law library or
www.leg.state.or.us/ors).
Property and Debts – Statutory Restraining Order. Oregon law requires both Petitioner and
Respondent to obey a restraining order preventing either party from dissipating (selling, destroying, removing,
disposing of) real or personal property, making unilateral (without the agreement of the other party) changes to
insurance policies, and making extraordinary expenditures. Expenditures that are necessary for the safety or
welfare of the children or the parties are not prohibited. By filing your petition, you agree to be bound by the
terms of this order. The order is effective on both the petitioner and the respondent once the notice has been
served on the respondent. You may request a hearing if you object to the terms of the Statutory Restraining
Order (see Packet 1BC for a Request for Hearing Form). If you violate the order, you may be subject to
sanctions. You must attach a copy of the “Notice of Statutory Restraining Order Preventing the Dissipation of
Assets in Domestic Relations Actions” (see Packet 1BC) to the Summons and serve it on the Respondent.
For information about property and debt issues, talk to a lawyer and/or go to the Oregon State Bar’s web
site (www.osbar.org), “Legal Links” and read under “Oregon’s Laws” the sections on “Bankruptcy and Credit,”
“Real Estate,” and “Taxes.” If either spouse/partner has a retirement plan, you should talk to an attorney before
filling out the petition. The attorney can advise you if this packet will work for your situation. If the parties
own real estate located in Oregon , a “lis pendens” notice (notice of pending suit) may be filed with the county
clerk as provided in ORS 93.740 (to view, visit your local law library or www.leg.state.or.us/ors).
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If Both Spouses/Partners Already Agree.
There are two ways to handle your case if both spouses/partners agree on all
issues: (1) one
spouse/partner can file as petitioner, the other spouse/partner can accept service of the petition and not file a
response (if there is no disagreement with what the petitioner requested in the petition) and judgment will be
entered based on what was stated in the petition, or (2) the parties can file as co-petitioners (see Packet #9).
Forms to file as co-petitioners may also be available through your local court, courthouse facilitator and/or
attorney.
If your spouse/partner (the respondent) does not agree with you at first and files a response, then later
decides that what you requested in the petition is okay, he or she can file a Waiver of Further Appearance and
Consent to Entry of Judgment form to avoid having to go through the court process further. Your local
courthouse facilitator can help you with this process.
If your spouse/partner is willing to accept service, s/he
must fill out the Acceptance of Service
form, sign it in front of a notary or court clerk, then file it with the court.
It is not necessary that your spouse/partner agree with what is in the papers, just that he/she is willing to
acknowledge receipt of them.
Filling out the Forms
.
To get the divorce case started, fill out the first set of forms, file them with the clerk and have your
spouse/partner “served” (have the papers delivered to your spouse/partner).
Fill out the following forms.
• Acknowledgment about Dissolution
• Petition for Dissolution of Marriage
• Summons
• Certificate Re: Pending Child Support Proceedings and/or Existing Child Support
Orders/Judgments
• Confidential Information Form (CIF)
• Notice of CIF Filing
• Certificate of Mailing (for use if you or your spouse/partner is receiving public assistance)
• Record of Dissolution of Marriage (Vital Statistics form)
Confidential Personal Information.
Please read the Confidential Information Form (CIF) information sheet. There is certain personal
information required by your paperwork that will be protected from public disclosure.
Have your documents reviewed.
You may have your documents reviewed by a lawyer or a courthouse facilitator (if your court has one)
before you file. For information about how to find a lawyer, call the Oregon State Bar Lawyer Referral Service.
If you are low income, you may get your documents reviewed for a smaller fee through the Oregon State Bar’s
Modest Means program, or you may call your local Legal Aid office. Contact numbers are listed in the
additional resources section at the end of these instructions, and in the “Local Family Law Practices and
Procedures” for your court attached to these instructions.
Make copies.
Make one copy of all of the forms for your records, and one copy of the petition and summons to serve
on (deliver to) your spouse/partner.
If either you or your spouse/partner is receiving certain types of public assistance (Temporary Assistance
to Needy Families or the Oregon Health Plan), you are also required to send a copy of the petition to the
Division of Child Support branch office in your county. The branch office address may be found at
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http://www.dcs.state.or.us/office_info/offices.htm or in the “Local Family Law Practices and Programs” form for
your local court. Fill out and file the Certificate of Mailing with the court after
you have mailed the petition.
File the forms.
File all of the original forms that are listed above with the court clerk except the summons. The court
clerk will ask you for a filing fee when you file your papers. Check with your local court to learn the amount of
the filing fee. If you feel you can’t afford to pay the fee, you may ask the court to waive or defer your filing fee.
Use Packet #10 of these forms, or check with your local court to see if they require a different form. This form
needs to be filled out and filed with the court. If the fee is waived, you don’t have to pay the fee. If the fee is
deferred, most courts will require that you pay the fee at a later date.
The clerk will give you a number of handouts when you file your papers. The handouts usually include a
notice regarding continuation of health coverage, a copy of ORS 107.089 (documents parties may have to give
each other), notice regarding mediation, family law guidelines and services, family law resource list, and
possibly, information about local parent education classes. The clerk will give you two copies of each handout:
one for you and one to be served on your spouse/partner. You aren’t required to serve the copy of ORS 107.089
on your spouse/partner, but if you do, both spouses/partners must follow what it says.
Parenting Classes.
Many courts require that parents of minor children go to a parent education class. If your court has this
program, sign up for the class right away. Some courts will not allow you to finalize your divorce until you
have completed the class and filed a certificate of completion with the court.
Have your spouse/partner served.
You are required to have your spouse/partner served (have papers delivered to) with (a) copies of the
documents given to you by the clerk, including the Statutory Restraining Order described above on page 4, and
(b) certified copies of the petition and summons (you may certify the copies by signing your name where it says
“I certify this is a true copy”).
If your spouse/partner is willing to accept service, s/he must fill out the Acceptance of Service
form, sign
it in front of a notary or court clerk, then file it with the court. It is not necessary that your spouse/partner agree
with what is in the papers, just that he/she is willing to acknowledge receipt of them.
If the other party will not complete the Acceptance of Service
form, YOU CANNOT SERVE THE
PAPERS YOURSELF. You may have service completed by the Sheriff in the county where your
spouse/partner lives, by a private process server, or by another individual who is a competent person 18 years or
older, an Oregon resident (or of the state where service is made) and not a party nor an attorney for a party.
Caution should be used before asking a friend or relative to serve the papers if your spouse/partner might react
angrily or violently. An Affidavit of Service along with the original summons must be filed with the court after
service has been made .
The best way to serve the other party is to have the person serving the papers hand them directly to the
respondent (personal service). If personal service cannot be done, there are other ways to serve the papers
including “substitute service,” “office service,” and “service by mail” — see the Table below. You may ask the
Sheriff or a private process server about these other options or consult an attorney.
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Standard Methods of Service
Personal Service Delivery of papers directly to the other party
Substitute Service Delivery of papers to a person living at the other
party’s home who is at least 14 years old, PLUS
mailing of the documents to the other party’s home
address by first class regular mail
Office Service Delivery of papers to a person who appears to be in
charge at the other party’s place of employment (who
has a business duty to give the documents to the
other party), done during working hours, PLUS
mailing of the document to the home or business
address of the other party by first class regular mail
Service by Mail
(Return Receipt Requested) Delivery by mailing the documents certified or
registered, return-receipt requested, or by Express
mail, PLUS mailing of documents to home or
business address of the other party by first class
regular mail.
If you are not able to have your spouse/partner served by any of the methods described above, you may
ask a judge to allow you to use another service method. The judge might allow you to publish, post or mail the
documents. In order to make this request, check with your local court for the appropriate form or use Packet
6A-Alternative Form of Service .
Serving Children Who are Necessary Parties.
Because all unmarried, unemancipated children at least 18 and
under 21 years of age are necessary parties to the case, they must also be served. Follow the same steps for
serving your spouse/partner for serving children who are parties to the case.
S
TEP 2: W AITING FOR A RESPONSE ; TAKING A DEFAULT
Oregon law gives your spouse/partner 30 days to respond to your petition. The time starts running from
the date of service. The response must be written and must be filed with the required filing fee. Your
spouse/partner may ask the court to waive or defer the fee.
If your Spouse/Partner is in the Military.
If your spouse/partner is in the active military service of the United States and has not responded to the
petition, you may have to go through some extra steps. The court won’t go further with your case until one
of
the following things has happened: (1) your spouse/partner is no longer in the active military, (2) your
spouse/partner has waived his or her rights using the Waiver of Right to Stay of Proceedings
form, or (3) the
judge holds a special hearing in your case. You may get a Waiver of Right to Stay of Proceedings
form from the
courthouse facilitator or use Form #6G. You may need to talk to an attorney if your spouse/partner is not
willing to sign the waiver.
Check for Response.
Your spouse/partner should mail or deliver a copy of his or her response to you when it is filed with the
court. If you haven’t received a copy of a response after 30 days from the date of service, you may check with
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the court clerk to see if one has been filed. If no response has been filed, you may request a “default order.” A
default means that you may ask the court to enter a judgment giving you the items you asked for in your petition,
with no input from your spouse/partner. If a response has been filed
, you will not be allowed to take a default
and you will skip the next two sections about requesting a default and go straight to step 3
.
No Response Filed; Requesting a Default.
To ask the court to enter a default, you must fill out the following forms:
• Ex Parte Motion for Order of Default; and Order
• Affidavit in Support of Motion for Order of Default
After you make yourself a copy of the completed forms, you may file the original with the court anytime
after 30 days have expired from the date of service.
Check Back.
Check back with the court clerk in a week to 10 days to see if your request was granted. If the request
was not granted, ask the court clerk why it was not. Sometimes, the proof that service was made on your
spouse/partner isn’t complete enough for the judge to be sure that your spouse/partner got notice of the court
proceeding.
S
TEP 3: W AITING 90 DAYS
Oregon law requires a 90 day waiting period between the time your spouse/partner was served and the
time the court can hold a final hearing on your case or sign the final judgment. You may ask the court to waive
this period if your situation involves an emergency or necessity. The court must find that immediate action is
needed to protect your rights or interests or those of your spouse/partner or of a person who might be affected by
the terms of the judgment. The court can also waive the period if you and your spouse/partner have agreed to
the terms of your divorce and have filled out and signed a “stipulated” (agreed to) judgment completely.
To ask the court to waive the 90 day period, you will need Packet 1F-Request for Waiver of 90 Day
Waiting Period .
Temporary Orders.
You may ask the court to make temporary orders after the petition is filed. Temporary orders are in
effect once signed by the judge and last until changed by the judge or until the final judgment is signed by a
judge or the case is dismissed. For example, either spouse/partner may request an order for spousal or child
support, an order requiring one spouse/partner to move out of the family home or an order preventing either
party from interfering with the child/ren’s regular living arrangement and schedule. To make any of these
requests, file a “motion” (request) asking the court to do what you want. You may need the assistance of an
attorney to file these requests.
Unless your court requires you to use a different form, you may use Packet 6B, Status Quo Order
Application Packet to ask the court to order that neither parent change the child/ren’s usual place of residence,
change the child/ren’s regular routine, or interfere with the other parent’s usual contact with the child. In
addition, all courts have restraining order forms for cases involving domestic violence. A restraining order can
usually be obtained within a day or two of filing if there has been abuse in the last 180 days and if there is
further danger of abuse. Check with your local court about forms and filing instructions.
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Conferences with the Judge.
Many courts will schedule a “status”, “pretrial” or “settlement” conference if a response has been filed.
These meetings usually take place with a judge with both spouses/partners present, along with their attorneys if
they are represented. You must attend any conferences that are scheduled unless you have received permission
from the judge not to attend.
At the conference, the judge will probably talk to you about how the case is going to be resolved, may
consider requests for temporary orders and will probably set future court dates.
Working Toward Agreement.
The court wants to help you resolve the issues that you and your spouse/partner disagree on. You may
discuss these issues with your spouse/partner directly if it is safe for you to do so and if no court order prohibits
that contact. You may also discuss them with your spouse’s/partner’s’s attorney. If you can’t resolve the issues
on your own, the court may provide a number of options to help you, including mediation, arbitration and
custody/parenting time evaluation.
Mediation. A mediator is a person trained to help people resolve disagreements. You and your
spouse/partner may be required to meet with a mediator if you don’t agree on a “parenting plan” (who has
custody and parenting time (visitation) with the child/ren and how decisions about the child/ren will be made).
You may ask to meet with the mediator alone if you are uncomfortable meeting with the other parent for any
reason. There is usually no fee for this service. If mediation has not yet been ordered in your case and you
would like to request it, you may file a Request for Mediation
(see Form #6H or your local court’s form). You
may request that the mediation requirement be waived if you have a good reason, by filing a Motion and
Affidavit for Waiver of Mediation (see Form #6I). For example, if there has been domestic violence, the court
will consider a request to waive the mediation requirement.
You may also meet with a mediator to resolve the financial issues in your case. Many courts have a list
of mediators qualified to mediate these cases. Check with your local court clerk to see if there is a fee for this
service.
Arbitration. Some courts refer spouses/partners who disagree on how to divide their property to an
arbitrator. The court may also ask the arbitrator to resolve spousal support issues. An arbitrator is a lawyer
appointed by the court who meets with both spouses/partners and their lawyers, if they are represented, and
makes a decision about how the property should be divided. Both spouses/partners are required to pay for this
service unless the court has specifically waived or deferred the arbitrator’s fee. If either spouse/partner disagrees
with the arbitrator’s decision, he or she can ask the court for a trial. If a trial is not requested, the arbitrator’s
decision is final unless both spouses/partners agree on another resolution.
Custody/Parenting Time Evaluation. If parents can’t agree on a parenting plan, sometimes the court
refers the case to a custody or parenting time evaluator. After interviewing each parent and doing other
research, the evaluator will make a recommendation to the judge about which parent should have custody and
what the parenting plan should be. The evaluator will consider factors that might affect a child’s safety, such as
domestic violence, substance abuse, child abuse or other circumstances. Many courts require that the parties
pay for all or part of the evaluation.
S
TEP 4: FINALIZING YOUR DIVORCE
A divorce is “final” on the date the judgment of dissolution (divorce) is signed by a judge. If there are
still items that you don’t agree on before the judge signs, the court will probably set a date for a “final hearing”
or trial. Some judges may want you to attend a “settlement conference” (a meeting between the parties to
discuss settlement, usually led by a different judge than your trial judge) to help you come to an agreement.
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Forms to Finalize Your Divorce.
The following forms are required to finalize your divorce:
• General Judgment of Dissolution (Divorce)
• Petitioner’s Affidavit Supporting Judgment of Dissolution
If your spouse/partner did not file a response and the court has entered an Order for Default, or if your
spouse/partner responded and then filed a Waiver of Further Appearance and Consent to Entry of Judgment
form, or if your spouse/partner has signed the Judgment, you will also need the following:
• Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and Order
• Affidavit in Support of Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of
Hearing
You may also need to file the following additional forms, depending on your circumstances.
• Parenting Class Certificate of Completion. If your local court requires parents of minor children
to attend a parent education class, a certificate of completion must be filed with the court unless this
requirement has been waived by order of the court.
• Child Support Worksheets. If child support is ordered in the divorce case, child support
worksheets need to be filled out and attached to the final judgment.
• Parenting Plan. Your parenting plan may be completely included in the final judgment (see page
two of the judgment). If there are additional pages, attach them.
• Uniform Support Declaration. This form is only required if a response was filed and
you and
your spouse/partner do not agree on spousal or child support. You aren’t required to complete the
schedules on the form unless one spouse/partner asks for spousal support or a “deviation” (different
amount than what was calculated using the child support guidelines) from the child support
guidelines.
• Waiver of Personal Service. After the judgment is signed, if one spouse/partner doesn’t do what
it says, the other spouse/partner may ask the judge to enforce the judgment. The spouse/partner
asking for enforcement is required to personally serve (deliver) the other spouse/partner with notice
of this request. If you would like to keep your home address confidential, you may file this form
listing another address for service. You are responsible for making sure you get all papers delivered
to the address you list. Form #6D contains a form for waiver of personal service, or use the form
required by your court, if different.
The Final Judgment.
The judgment finalizes your divorce and contains all of the issues decided in mediation, arbitration,
hearing, or through your agreement. Check with your local court to determine whether you should complete this
form, or whether the judge will fill it out. If both spouse/partners agree on all issues, it may be prepared by
either s as long as it is reviewed and signed by both spouses/partners. If the spouses/partners don’t agree on all
issues, the judge may direct one spouse/partner to fill out the judgment.
If your spouse/partner didn’t file a response, the information you fill out in the final judgment must be
the same as what you requested in the petition. If your spouse/partner filed a response, the information must be
the same as was decided in mediation, arbitration, hearing or through your agreement.
If you are responsible for filling out and filing the final judgment, make a copy for yourself and one for
your spouse/partner (unless he or she didn’t file a response), and file the original with the court. If your case
involves child or spousal support, file an extra copy of the proposed judgment with the court.
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