Oregon Co-Petitioners' (with minor children) Motion for Waiver of 90 Day Waiting Period
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FAQ
Oregon law prohibits a judge from granting a separation order for an unlimited duration. Instead, your separation order will last for a specified period of time, such as six months or a year. Once the separation period has expired, you and your spouse will have to decide whether you want to proceed with a divorce.
In order to have a legally-enforceable separation in Oregon, a petition must be filed with the local county court. A judgment must then be entered. The judgment of separation leaves an otherwise valid marriage in-tact, but allows the parties to live apart.
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.
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.
"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.
A legal separation may be for a limited or unlimited duration of time. You cannot marry someone else if you are legally separated and not yet divorced. A legal separation proceeding may be changed to a divorce proceeding at a later date.
After the ninety (90) day waiting period, the court is permitted to finalize the divorce ing to the terms agreed upon in the petition for dissolution. If the divorce is contested, then the non-divorcing spouse has thirty (30) days after the divorce is filed, to file a response to the Petition for Dissolution.
Oregon law creates a ?short form? summary dissolution proceeding for people with very simple divorce cases. If you meet all the requirements for a summary dissolution, you can get the forms at the county courthouse or at the court's website.
