This form is used in a suit for dissolution of marriage where the parties are co-petitioners, or respondent is found by the Court to be in default, or the respondent appeared but waived further appearance, or the parties stipulate to the entry of a decree, ORS 107.095(4) authorizes the Court to enter a judgment of dissolution upon affidavit without a hearing.
Motion And Affidavit For Default Dissolution
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If, after your spouse files, you still don't want to get divorced, you can request that the two of you attend a conciliation meeting at no charge. The divorce proceedings will be put on hold for up to 60 days while the conciliation meeting takes place.
This means that you'll have the mandatory response time from the initial petition, which is 20-30 days, as well as the 10 days they are given to respond to the Application and Affidavit for Default. This means your default divorce could be finalized in as little as 30-40 days if everything goes smoothly.
A default hearing is scheduled when you want a divorce, other judgment or order of the Court when the opposing side does not respond in writing to your petition or motion. A default hearing cannot be set for at least 61 days after the date the petition (and other documents) were served on the Respondent.
If you want to set a default hearing, you must complete the application and affidavit of default and file it with the clerk of the court . You must be sure service of the petition was complete, and that the other person did not file a written response or answer with the court.
In the event you have served a petition on the opposing person and they do not respond, you have the opportunity to file for a default judgment . If the opposing person lives within the state of Arizona, they have 20 days to respond before you can initiate the default proceedings.
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COMPLETE the "Motion and Affidavit for Default Decree Without a Hearing. Give the Clerk the completed originals and copies of the following forms: - Motion and Affidavit for Default.Has not responded within thirty days after the completed service. The Application for Judgment and Decree of Divorce (Default) and Notice of Hearing serve. I need a judge to order what will happen while I wait for the divorce case to be completed.