How to Respond to Divorce Papers in Oregon

You've been served with a Petition for Dissolution of Marriage in Oregon. You have exactly 30 days from the date of service to file a written Response with the court. If you don't respond, the petitioner can file for a default judgment — and the judge will sign off on whatever terms they originally requested, without your input.

Your 30-Day Deadline

The clock starts the day you're personally served, or the day substituted or office service is completed (delivery plus mailing). If day 30 falls on a weekend or court holiday, the deadline extends to the next business day.

This deadline is enforced strictly. Missing it by even one day means the petitioner can move for default.

Three Options When You Receive Papers

Option 1: File a formal Response. You file a written Response with the court clerk and pay the $301 first-appearance fee. Your Response addresses each point in the petition — what you agree with, what you dispute, and what you want instead. This formally makes the case contested (or at least puts you on record as a participant).

Option 2: Negotiate and sign a stipulated judgment. If you agree with the terms or can negotiate acceptable ones, you don't need to file a Response at all. Instead, work with the petitioner to draft a Stipulated General Judgment that both of you sign. The judge signs it without a hearing, and you avoid the $301 appearance fee.

Option 3: Do nothing (default). If you don't file a Response within 30 days, the petitioner can file a Motion for Order of Default. The judge enters a judgment based entirely on the petitioner's requested terms. You give up your ability to negotiate property division, support, custody, and every other term. You can try to set aside a default later under ORCP 71, but you'll need to show excusable neglect and a meritorious defense — simple inaction doesn't qualify.

What to Include in a Response

If you choose to file a formal Response, it should address:

• Whether you agree the court has jurisdiction (residency requirements met)
• Whether you agree with the stated ground (irreconcilable differences)
• Your position on each request in the petition: property division, debt allocation, spousal support, custody, parenting time, and child support
• Any additional requests you want to make (called a "counterclaim" or affirmative relief)

The Response is filed with the Circuit Court clerk in the same county where the petition was filed, along with the $301 first-appearance fee.

The Automatic Restraining Order

The moment you're served, an automatic restraining order under ORS 107.093 takes effect against both spouses. While the case is pending, neither party can:

• Cancel or modify health, homeowner, renter, auto, or life insurance policies
• Change beneficiaries on insurance policies
• Transfer, hide, or dispose of property the other spouse has an interest in
• Make extraordinary expenditures without written notice to the other spouse

Exceptions exist for attorney fees, taxes, mental health therapy, and expenses necessary for safety. Violating the restraining order can result in contempt sanctions.

Financial Disclosure Requirement

Whether or not you file a Response, the mandatory financial disclosure under ORS 107.089 applies. Within 30 days of being served, you must exchange tax returns, income records, asset statements, and debt records with the petitioner. This exchange is separate from the Response — it's a standalone statutory requirement.

Ignoring the disclosure requirement gives the petitioner grounds to file a Motion to Compel, and the court must award attorney fees if it finds your noncompliance was willful.

When to Get Help

If the petition asks for terms you disagree with — especially regarding custody, significant assets, or spousal support — the 30-day window is short for understanding your rights and options. At minimum, consider:

• A consultation with a family law attorney to understand what you're agreeing to or disputing
• The Oregon State Bar Modest Means Program ($60-$100/hour for qualifying income levels)
• The Commons Law Center for legal coaching ($125/hour, sliding scale)

The Oregon Divorce Filing Process Guide covers the respondent's process in detail, including how to evaluate the petition's terms, what a formal Response should contain, and how to negotiate a stipulated judgment that protects your interests.

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