Rule 8.010.Actions for Dissolution of Marriage, Separate Maintenance and Annulment, and Child Support
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 8.010
Plain-English Summary
This is the backbone rule for Oregon family law filings. When you serve a respondent, the petition has to carry a copy of the Notice to Parties of a Marriage Dissolution required by ORS 107.092. The trial court administrator's office has copies, and so does the Oregon Judicial Department website. At the other end of the case, an uncontested annulment, dissolution, or separation is decided on the affidavit described in ORS 107.095(4) instead of a hearing on the merits, unless the court orders otherwise.
Contested cases require a financial picture. Each party files and serves a statement listing all marital and other assets and liabilities, the claimed value of each, and a proposed distribution. The parties can file one joint statement instead. That statement is due no later than 14 days before the trial on the merits unless both parties stipulate otherwise, and in every case before trial starts. A supplementary local rule can set a different schedule.
Where child support or spousal support is requested in a proceeding under ORS chapter 107, 108, or 109, each party files a Uniform Support Declaration on the form published at www.courts.oregon.gov/forms and serves it on the other side. Everyone completes the USD and its required attachments. The USD Supplement is added when either party asks for spousal support, or when either party asks for child support in an amount that departs from the uniform support guidelines. No USD is needed if the parties have stipulated to all judgment terms. When the Division of Child Support or a district attorney child support office is the party filing or responding, it may file an affidavit or declaration covering custodian, children, public assistance, food stamp benefits, Medicaid, other known income, and special circumstances in place of the USD. USD filings are due within 30 days of service of the pleading that seeks support on other than a temporary basis.
Subsection (7) is the checklist the court works from. No judgment is signed, filed, or entered until the file holds an affidavit or declaration under penalty of perjury of completed service, a nonmilitary service affidavit or declaration with a proposed default order where the respondent has defaulted, the ORS 107.095(4) affidavit in an uncontested matter, a completed Oregon State Health Division Record of Dissolution of Marriage form, the USD, the Division of Child Support worksheets described in UTCR 8.060 where child support is requested, and a proposed judgment. Parties in proceedings under ORS 107.085 or 107.485 also follow UTCR 2.130 to segregate Social Security numbers so they stay protected.
Frequently Asked Questions
Do I have to file a Uniform Support Declaration in my Oregon divorce?
Yes, if either party is asking for child support or spousal support in a proceeding under ORS chapter 107, 108, or 109. Both sides file one, on the form published at www.courts.oregon.gov/forms, and serve it on the other party.
The rule carves out exceptions. A USD is not required if the parties have stipulated to all judgment terms. And when the Division of Child Support or a district attorney child support office is the one filing or responding, it may file an affidavit or a declaration under penalty of perjury with the information listed in subsection (5) instead.
When is the asset and liability statement due?
No later than 14 days before the trial on the merits, unless both parties stipulate to something else, and in any event before trial begins. A supplementary local rule in your judicial district can set a different deadline, so check the district's rules before you rely on the default.
The statement belongs only in contested dissolution, separate maintenance, and annulment actions. It lists all marital and other assets and liabilities, the value you claim for each, and how you propose to divide them. The parties may file one joint statement covering the same ground.
What is the USD Supplement and when do I have to complete it?
The Supplement is an added part of the Uniform Support Declaration. You complete it when either party requests spousal support, or when either party requests child support in an amount that deviates from the uniform support guidelines.
If neither of those is true, the USD and its required attachments are enough.
Can an uncontested dissolution be granted without a hearing?
Yes. Unless the court orders otherwise, a general judgment in an uncontested action for annulment, dissolution of marriage, or separation is entered on the affidavit described in ORS 107.095(4) rather than a hearing on the merits.
That affidavit is one of the documents the court must have on file before it will sign the judgment, so it is worth preparing early rather than chasing it at the end.
What has to be on file before a judge will sign my judgment?
An affidavit or declaration under penalty of perjury of completed service, an affidavit or declaration of nonmilitary service plus a proposed default order if the respondent is in default, the ORS 107.095(4) affidavit or declaration in an uncontested case, a completed Oregon State Health Division Record of Dissolution of Marriage form, the Uniform Support Declaration, the Division of Child Support worksheets described in UTCR 8.060 if either party asked for child support, and a proposed judgment.
Missing one item stops the whole judgment, so treat subsection (7) as a pre-submission checklist.