Rule 8.030.Joint Petitions and Stipulated Judgments for Dissolution of Marriage, Separation, or Proceedings under ORS 109.103

Couples who agree can use this rule to move through the court together instead of as opponents. In an action for dissolution of marriage or Registered Domestic Partnership, for separation, or in a proceeding set out under ORS 109.103, the parties may file a joint petition. They may also submit a stipulated general judgment, and they can do that whether or not they filed jointly. A party seeking a stipulated general judgment under this rule submits the completed judgment and does not have to file a motion asking the court to enter it.

Filing fees follow the cooperation. A joint petition requires payment of only one filing fee under ORS 21.155, paid by one initiating party. If the parties file jointly but never submit a stipulated judgment, a second fee under ORS 21.155 comes due from the other party before the court will schedule a hearing or trial. And if a stipulated judgment entered under this rule later becomes the subject of a contested modification, the moving party pays the filing fee a responding party would owe under ORS 21.155.

Certain papers must ride along with the stipulated general judgment if they are not already on file: the affidavit or declaration required under ORS 107.095(4), which may be written into the petition itself; a completed Oregon State Health Division Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership form where the judgment dissolves a marriage or a Registered Domestic Partnership; and the Division of Child Support worksheets described in UTCR 8.060 where the parties have joint children under the age of 21. Parties who both file a joint petition and submit a stipulated judgment and who have joint children under the age of 21 also send a copy of the petition and proposed judgment to the Department of Justice, Division of Child Support.

Adult children get a say. If the parties have any joint children ages 18, 19, or 20, they must file a waiver of further appearance and consent to entry of judgment for each of those children. Without a waiver, the judgment itself must carry that child's signature. If an adult child will neither sign nor waive, this rule is closed to the parties and the judgment has to come another way. The rule also does not reach supplemental or limited judgments.