Oregon Statutes 107.490 – Commencement of proceeding; petition content; court authority
(1) A proceeding for summary dissolution of the marriage shall be commenced by filing in the circuit court a petition in the form prescribed by the State Court Administrator under ORS § 107.500. The petition shall be signed by the petitioner and shall state that as of the date of the filing of the petition each and every condition set forth in ORS § 107.485 has been met. The court, upon its own motion, may require a showing by appearance or affidavit of the petitioner.
Terms Used In Oregon Statutes 107.490
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Summons: Another word for subpoena used by the criminal justice system.
(2) The petitioner shall serve the respondent with a summons and a true copy of the petition in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F.
(3) Within 30 days after the date on which the respondent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting, the respondent shall file with the court a written answer to the petition or a motion, along with the required filing fee, and proof of service of the answer or motion on the petitioner.
(4) If the respondent fails to file a written answer or motion as required by this section or fails to appear for a hearing in the proceeding, the court may find the respondent in default, enter a judgment of summary dissolution and award costs to the petitioner or the state if fees and costs were waived or deferred. [1983 c.692 § 2; 2007 c.11 § 4]