Oregon Co-Petitioners' Order Regarding Request for Waiver of 90 Day Waiting Period

State:
Oregon
Control #:
OR-09A-0108
Format:
PDF
Instant download

About this form

The Co-Petitioners' Order Regarding Request for Waiver of 90 Day Waiting Period is a legal document used by judges to approve or deny a co-petitioners' request for waiving the mandatory 90-day waiting period in matters of divorce or separation. This form is specifically tailored to address situations where co-petitioners seek to expedite their case by eliminating the waiting period, which is generally required to allow for reflection and potential reconciliation. It distinguishes itself from other divorce-related forms by focusing specifically on the waiver request.

Main sections of this form

  • Heading that identifies the court and case number.
  • Identification of the co-petitioners involved in the case.
  • A section for the judge to specify whether the request for waiver is allowed or denied.
  • A signature line for the Circuit Court Judge and the printed name.
  • A certificate of document preparation for co-petitioners to confirm how the form was completed.

When to use this document

This form is used in situations where co-petitioners file for divorce and wish to ask the court to waive the standard 90-day waiting period. This may be necessary in cases where there are significant reasons for expediting the process, such as issues related to child custody, financial stability, or imminent relocation. Use this form to make a formal request to the court after filing for divorce but before the waiting period is set to expire.

Who can use this document

  • Co-petitioners who have filed for divorce and wish to expedite the legal process.
  • Individuals who can justify the need for a waiver of the mandatory waiting period based on specific circumstances.
  • Those who are aware of and understand the implications of the waiver request on their divorce proceedings.

Completing this form step by step

  • Fill in the name of the county and case number at the top of the form.
  • Clearly list the names of the co-petitioners involved in the divorce case.
  • Select whether the request for waiver of the 90-day waiting period is allowed or denied using checkboxes.
  • Ensure the Circuit Court Judge signs and prints their name in the designated areas.
  • Complete the Certificate of Document Preparation to indicate how the form was filled out.
  • Both co-petitioners must sign and print their names at the bottom of the form.

Is notarization required?

This form does not typically require notarization unless specified by local law. It is wise to check the specific requirements of the Oregon court where the request is being submitted to ensure compliance.

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Common mistakes to avoid

  • Failing to provide accurate information on the case number or county.
  • Not ensuring that both co-petitioners sign the document.
  • Choosing not to thoroughly fill out the Certificate of Document Preparation.
  • Overlooking local court rules that may require additional documentation or forms.

Benefits of completing this form online

  • Convenient access to the form from anywhere, without the need to visit a lawyer's office.
  • Editable fields allow for easy customization to fit specific needs.
  • Reliable templates prepared by licensed attorneys increase the likelihood of compliance with local laws.
  • Quick download eliminates delays in legal proceedings.

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FAQ

?It does not generally matter who is the first to file dissolution papers. The court does not give any preference to the first person to file (the petitioner), or any disadvantage to the person who is the respondent. The filing fees are the same for both the petitioner and the respondent.

Depending on your state's laws, you might be able to file a "joint" petition for divorce (some states call this an uncontested or collaborative divorce), which means that both spouses agree not only to the divorce but to all divorce-related issues that follow.

Oregon does not have a mandatory waiting period for divorces, so it is possible to end your marriage quickly. It generally takes several days to a few weeks for the court to process dissolution paperwork.

Your spouse does NOT need to sign the Petition if you are filing on your own. STEP 3- File your forms with the court. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.

"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.

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. 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.

In English law, a co-respondent is, in general, a respondent to a petition, or other legal proceeding, along with another or others, or a person called upon to answer in some other way.

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Oregon Co-Petitioners' Order Regarding Request for Waiver of 90 Day Waiting Period