Amending divorce petition, or refiling?

[DecisionTime]

What is the name of your state (only U.S. law)? Oregon

Firstly, thank you all so much for the advice over the past year.

STBX and I have reached an agreement on the terms of the divorce and custody, and I am going to draw up the paperwork. Current status is that I filed; his response is due next week; but rather than file a response he wants us to file a jointly signed agreement.

Would I be motioning to amend my initial filing; re-filing to be a co-petition; or would I just draw up the general judgment as a co-petition? The terms of the agreement we reached is different that what I filed initially so we can't just let it go to default.

My self-help packet instructions detail what to do if we in agreement at the outset or if respondent later agrees with what I filed; but doesn't describe what to do if we reach agreement that's different than originally filed.

Is this a matter of locally acceptable practice and thus a question for the law clerk?

I appreciate your input. Thanks!

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon

Firstly, thank you all so much for the advice over the past year.

STBX and I have reached an agreement on the terms of the divorce and custody, and I am going to draw up the paperwork. Current status is that I filed; his response is due next week; but rather than file a response he wants us to file a jointly signed agreement.

Would I be motioning to amend my initial filing; re-filing to be a co-petition; or would I just draw up the general judgment as a co-petition? The terms of the agreement we reached is different that what I filed initially so we can't just let it go to default.

My self-help packet instructions detail what to do if we in agreement at the outset or if respondent later agrees with what I filed; but doesn't describe what to do if we reach agreement that's different than originally filed.

Is this a matter of locally acceptable practice and thus a question for the law clerk?

I appreciate your input. Thanks!

My guess is that you can simply submit the joint agreement to the court with both of your signatures. However, if there is a self help center or something similar at your courthouse, you can run it by them.

 

[DecisionTime]

Thanks LdiJ. I found and looked at the blank judgment proforma and it does provide a space for signature as a stipulated judgment, so I'll try that.

I have a different question that I think you will know the answer to in your tax capacity (please let me know if I ought to put this separately elsewhere). I know that the IRS considers your marital status on Dec 31st for your filing year tax status; is it the same for Dependent Care flex spending? As my STBX was unemployed I could only put away $3K, but as HOH I will be able to put away $5K. Will the IRS only let me pro-rate the $2K gap for the months in 2010 that I was divorced, or will they consider me HOH for the whole year?

 

[LdiJ]

Thanks LdiJ. I found and looked at the blank judgment proforma and it does provide a space for signature as a stipulated judgment, so I'll try that.

I have a different question that I think you will know the answer to in your tax capacity (please let me know if I ought to put this separately elsewhere). I know that the IRS considers your marital status on Dec 31st for your filing year tax status; is it the same for Dependent Care flex spending? As my STBX was unemployed I could only put away $3K, but as HOH I will be able to put away $5K. Will the IRS only let me pro-rate the $2K gap for the months in 2010 that I was divorced, or will they consider me HOH for the whole year?

Your filing status is your filing status as of 12/31, so if you will be HOH as of 12/31, you can put away the full 5k. Just make sure that you really will be HOH as of 12/31.