Serving Divorce Papers
Married couples that want to end their marriages have to file for divorce. The spouse that files for divorce is the petitioner, and the other spouse is the respondent. To begin the divorce process in Oregon, the petitioner must file a petition for the dissolution of marriage in the county where either spouse resides. After the filing, the case must meet the residence requirements for the divorce suit to remain in Oregon courts. The case may meet the residence requirement in one of two ways:
• The couple solemnized (had a formal ceremony before witnesses) their marriage in Oregon, either spouse was a resident when the case began, and the ground for divorce is irreconcilable differences; or
• The couple did not get married in Oregon. The grounds for divorce are the same regardless of where the parties were married.
Under Oregon law, the petitioner must send the petition and summons to the respondent to give notice of the divorce. The petitioner has several methods under state law to serve the divorce papers on the respondent, including:
• Handing it to the respondent
• Mailing it to the respondent
• Electronic mail (email)
• Leaving it at the respondent's office
• Leaving it at the respondent's house or place of residence
When the petitioner exhausts all other methods of serving the divorce papers outlined in Oregon law, they may provide service by publication. This form of service involves publishing the summons in the newspaper in the county of the divorce filing. The newspaper must publish the summons three times in consecutive weeks.
The person who serves the summons and petition to the respondent must be at least 18 years old, a resident of Oregon and not a party to the divorce. The person may even be a professional process server whose job or business is to serve legal documents. The petitioner also has the option of having the sheriff's office deliver the divorce papers. State law requires the sheriff's office to serve legal documents and set forth the service fees.
In some cases, the petitioner may not have to serve the divorce papers formally by a process server. Instead, the respondent may agree to service by acceptance. By agreement, the respondent receives the summons and petition without the petitioner having to find someone to serve the documents. The respondent must show proof of acceptance of service in writing.
Other Divorce Frequently Asked Questions
- Can I File For Divorce In Oregon If I Don’t Know Where My Spouse Is?
- Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?
- Do I Have To Move Out Of My Home During A Divorce?
- Do Stepparents Have Rights In An Oregon Divorce?
- Do You Have To Go To Court To Get A Divorce?
- Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?
- Does It Matter Who Files For Divorce First In Oregon?
- How Do Courts Determine Child Custody in an Oregon Divorce?
- How Do I File For Divorce In Portland?
- How Do I Make Sure My Assets Are Kept Safe From My Ex-Spouse?
- How Do I Separate From My Spouse?
- How Does Divorce Impact Financial Aid For My Child’s College Education?
- How Does The Process Of Serving Divorce Papers Work?
- How Is Debt Divided During Divorce?
- How Is Property Divided During Divorce?
- How Long Do You Have To Be Separated To Get A Divorce?
- How Long Does It Take To Get A Divorce?
- How Much Does A Divorce Cost?
- How To Start A Divorce Conversation?
- How To Start A Divorce Process?
- Is It True That I Will Need To Complete A Parenting Class Before The Court Finalizes My Divorce?
- Is There A Waiting Period Before A Divorce Is Granted In Oregon?
- Should I Move Out During The Divorce?
- What Am I Not Allowed to Do During a Divorce?
- What Are The Grounds For Granting A Divorce In Oregon? Do I Have To Prove That My Spouse Did Something Wrong?
- What Do I Ask A Divorce Attorney in Oregon?
- What Documents Do I Need To Bring To A Divorce Lawyer?
- What Does a Collaborative Divorce Mean for Oregon Parents?
- What Happens After I File For Divorce In Portland?
- What Happens in a Divorce if My Spouse/Partner Has All the Debt in Their Name?
- What Happens in a Divorce if My Spouse/Partner Has All the Property in Their Name?
- What Happens To My Art Collection If I Get Divorced In Oregon?
- What Happens To My Boat If I Get Divorced In Oregon?
- What Happens to My Retirement Account if I Get a Divorce in Oregon?
- What Happens To My Vacation Home If I Get Divorced In Oregon?
- What Is A No-Fault Divorce?
- What Is Considered Grounds For Divorce In Portland?
- What Is Separation?
- What Is The Process For A Divorce?
- Why Should I Contact A Divorce Lawyer Before Filing?
- Why Would The Court Reject My Divorce Paperwork?
- Will My Spouse Get My Inheritance After We Divorce?
- Will Obtaining A Restraining Order Against My Spouse Help Me In My Divorce?