Oregon Co-Petitioners' (with minor children) Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing
Definition and meaning
The Oregon Co-Petitioners' (with minor children) Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing is a legal document used by co-petitioners in divorce cases involving minor children in the state of Oregon. This motion allows the court to grant a judgment based on an affidavit instead of requiring an in-person hearing. This process can streamline the legal proceedings, especially when both parties are in agreement.
Who should use this form
This form is intended for co-petitioners who are seeking a divorce or legal separation and have minor children. It is appropriate for situations where both parties agree on the terms of the judgment, or where one party has defaulted. Users should ensure they meet the legal requirements before filing this motion.
Key components of the form
The form includes several essential components:
- The names of both co-petitioners.
- The case number assigned by the court.
- A statement of the points and authorities supporting the motion.
- Signature blocks for both co-petitioners.
- A certificate of document preparation.
Common mistakes to avoid when using this form
When completing the form, users should be aware of common pitfalls, including:
- Failing to provide accurate information about co-petitioners.
- Not signing the document correctly.
- Neglecting to check the appropriate options in the statement sections.
- Submitting the document without the necessary affidavit.
What to expect during notarization or witnessing
When notarizing the document, both co-petitioners must be present and provide valid identification. The notary will verify identities, witness the signatures, and add their official seal to the document, making it legally binding.
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FAQ
If after filing a divorce petition, the parties decide they want to try and reconcile their marriage, the petition can be dismissed, or simply put on hold (which saves time and expense of refiling) while the parties try to work things out.
The respondent can be either the plaintiff or the defendant from the court below, as either party can appeal the decision thereby making themselves the petitioner and their adversary the respondent. Formerly, in the equity courts of common law, the defendant was always called the respondent.
"Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.
In a contested divorce the petitioner (plaintiff) petitions the court for a divorce and respondent (defendant) has to respond. When the petition is jointly filed, the spouses are called Co-Petitioners. The husband and wife petition the court together with paperwork that is signed by both parties.
Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a person
(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.
The petitioner is merely the spouse who files for divorce. This is a matter of procedure and doesn't imply any sort of legal or moral high ground. One party is always the first to file for divorce, and this can occur for any number of reasons, such as the other party having an affair.
A Notice of Entry of Judgment & Decree of Divorce (Default) is a document that notifies the other party that the Judge has signed a Judgment & Decree of Divorce (Default). This document must be sent to the other party and the Affidavit of Service filed with the Clerk of Courts.