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Filing a response is an important first step for any defendant in a civil lawsuit. By filing a response, you establish that you are contesting the case and requiring the plaintiff to prove their case at trial in order to win.
Within 7 days he or she should send the Court a form called an ?Acknowledgement of Service? which accompanies the Petition. The form asks the Respondent whether they intend to defend the Petition and whether any claim for costs is disputed.
If you don't file a Response within 30 days of being served, the Petitioner can ask the court to enter an Order of Default and then enter a judgment based on the Petition. Talk to a lawyer for more information about your options.
How long does a divorce take? In Oregon, there is no technical waiting period for divorce, but the Respondent (the party required to respond to the divorce petition) has 30 days to respond. If the Respondent does not respond, the Petitioner (the party filing the case) can seek a default judgment from the Court.
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.
You Can Withdraw a Divorce Petition If a couple changes their mind about divorcing and want to remain married, they can withdraw their divorce petition to stop the process before it begins. Soon after submitting your divorce papers to the local court, you should go to the county clerk and ask for the petition.
In this situation, you would need to provide evidence to the Court that you have made every effort to try to locate your spouse. If satisfied, the Court will allow service to be dispensed with and you can proceed with the next stage in the Divorce. This method is considered to be the last resort.
If you respond, this means you will participate in the divorce process and have input on any court decisions. You and your spouse may still agree and not need to go to court. If you don't agree, you can use a court process to have the court decide. File your Response within 30 days of getting the Petition.
1. Serve the petition using a court bailiff or a process server (personal service) If your spouse doesn't respond to the divorce petition by way of returning the acknowledgement of service to the court within 14 days of it being posted to them, you can ask the court bailiff to serve them personally.
§ 107.075 (2021).) Some uncontested dissolutions where the parties have no children can be completed in under a month. Most often, though, an Oregon uncontested dissolution will take one to three months to finalize.