Oregon Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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US-01797BG
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

??You and your spouse or partner can file for divorce together. This is called co-petitioning. If you are co-petitioners, you and your spouse must agree to all terms and conditions in the divorce and both sign the paperwork before it is sumbitted to the court.

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.

In Oregon, couples can marry the day after the divorce is finalized. However, you may want to consider taking things slow. Remarrying immediately after divorce is not always the best decision but ultimately it is up to you. You may want to consider preparing a prenuptial agreement before tying the knot.

Unlike other states, Oregon does not have a mandatory waiting period to file for divorce. Thus, under the most straightforward circumstances, an Oregon divorce can take as little as a few weeks. However, practically speaking, divorces usually take much longer, depending on a variety of factors.

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.

These rules are available online or at your local court or law library. Forms and information about your local court are on the Oregon Judicial Department website. You have 30 days from the date you were served with the Petition to file a written Response with the court clerk and pay the filing fee.

See Question 29 of the Family Law in Oregon booklet or the section on Divorce on this site. A legal separation costs about the same as a divorce. During the first two years it can be changed to a divorce by either person. After two years, you can still get a divorce, but it will be a separate case.

You must complete service to the Petitioner within 30 days of the day you received the Petition and file the Certificate with the court as soon as possible. You can ask the court to make temporary orders. Temporary orders are effective as soon as a judge signs the order.

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Oregon Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce