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Joseph
Joseph, Family Law Attorney
Category: Family Law
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Experience:  I have over a decade of experience as a Family Law litigator
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Restrictions on the contents of a Petition for Dissolution

Resolved Question:

State: Oregon
Legal issue: No fault divorce

I am preparing to file for no fault divorce in Oregon. I'm filing pro se because it's a pretty simple case and we don't have children, debt, or property. My question is about writing the petition for dissolution that I will file with the court.

Is it allowed for the petition to include a provision unrelated to property division, alimony, or spousal support? What restrictions are there on the additional provisions that can be added to the petition?

The exact details aren't important. But I guess the root of my question is whether the provisions in the petition are similar to a separation agreement where you can basically have a provision for anything that isn't illegal. If not, please explain the basic differences and limitations related to the contents of the provisions in the petition.
Submitted: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year ago.

The purpose of the petition is simply to outline the issues. For example, it might include paragraphs listing spousal support, child custody, child support and the distribution of marital property. Assuming this is a "pretty simple case", it seems unlikely that there would be a need for "additional provisions". Having said that, there is nothing unlawful or inappropriate in including these additional factors.

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I know you stated that the "exact details aren't important". However, if you need more specifics, it might be helpful to include more information.

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Customer: replied 1 year ago.
Thanks for your answer. I just want to make sure I am clear on everything. I can put a provision unrelated to marital assets into the petition and as long as my spouse doesn't protest it by filling a response, that provision would also be included in the General Judgment for Dissolution?

I'm sorry for being vague, I'm a bit wary of posting specifics on a public page. The provision that I'm talking about is related to my spouse's immigration application and my obligations related to that. The provision was drafted by a lawyer for a separation agreement. My spouse didn't object to the provision, but keeps giving excuses for not signing it. After waiting many months, I'd like to just file for divorce since the separation agreement isn't getting signed. I just wanted to clarify the legality before including something unusual in my filing with the court.
Expert:  Joseph replied 1 year ago.

Based on the information you have provided, yes, it would seem fine to include this issue.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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