Oregon Co-Petitioners' (with minor children) Affidavit in Support of Motion for Waiver of 90 Day Waiting Period

State:
Oregon
Control #:
OR-09A-04
Format:
PDF
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What is this form?

The Co-Petitioners' Affidavit in Support of Motion for Waiver of 90 Day Waiting Period is a legal document used by couples in Oregon who have minor children and wish to expedite their divorce process. This affidavit supports a motion to waive the standard 90-day waiting period required for dissolution of marriage in some cases. It is important to note that this form is specifically tailored for situations where both parties agree on a stipulated judgment, differentiating it from other divorce-related forms that may require additional grounds or conditions to be cited.

What’s included in this form

  • Identification of the co-petitioners involved in the case.
  • Declaration of a signed stipulated judgment by both parties.
  • Certificate of document preparation confirming who completed the form.
  • Signature lines for both co-petitioners in front of a notary public.
  • Clear statements about the voluntary nature of the affidavit.
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  • Preview Co-Petitioners' (with minor children) Affidavit in Support of Motion for Waiver of 90 Day Waiting Period
  • Preview Co-Petitioners' (with minor children) Affidavit in Support of Motion for Waiver of 90 Day Waiting Period

When this form is needed

This form should be used when both parties to a divorce with minor children have agreed to the terms of their dissolution and want to waive the typical 90-day waiting period. It is applicable in situations where time is a concern, such as when both parties are ready to finalize their divorce amicably without requiring further delays for review or additional court hearings.

Who can use this document

  • Couples going through a divorce who are co-petitioners.
  • Individuals who have minor children and wish to expedite the divorce process.
  • Parties who have reached an agreement on the terms of their divorce and are filing jointly.

How to prepare this document

  • Identify the parties involved by filling in the names of co-petitioners.
  • Provide the case number assigned by the court.
  • Indicate that a stipulated judgment has been signed by both parties.
  • Complete the certificate of document preparation section accurately.
  • Each co-petitioner must sign the form in front of a notary public.
  • Date the document appropriately for court submission.

Notarization guidance

Yes, this form must be notarized to be legally valid. Notarization ensures that the signatures are verified and helps to prevent fraud. US Legal Forms offers integrated online notarization services, available 24/7 via secure video call, making it easy for you to complete your form without needing to travel.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

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Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

Form selector

We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

  • Failing to sign the affidavit before a notary public.
  • Not providing complete information in the certificate of document preparation.
  • Omitting the case number or proper identification of the co-petitioners.

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  • Quick downloads save time compared to traditional legal services.

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FAQ

Will it take me long to get a divorce? An uncontested divorce (where you and your spouse agree about the terms of the divorce) can be final about three months after the divorce petition is filed and delivered to your spouse. You may be able to reduce this time if the judge thinks you have a very good reason.

ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.

A summary dissolution is an uncontested divorce which allows couples to end their marriage without ever appearing in court. Summary dissolution is a streamlined option, but is available only to couples who satisfy the following requirements: one or both spouses have lived in Oregon for the past six months.

?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.

Finally, something to be aware of is that filing first will not give you any significant advantage over the court's final decision. A judge is required to consider both spouses' testimony and evidence equally, then determine custody, support, and property division.

In Oregon, the court will presume that the spouses contributed equally to the acquisition of most property during marriage, regardless of what title says. Property acquired equally will be split equally. The only assets left out of this presumption are gifts to one spouse that are always kept separate.

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, you can easily convert your legal separation into a legal divorce (dissolution of marriage), thereby making all the terms of your legal separation final, within two years of the legal separation simply by filing a form (and incurring no additional fees.)

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Oregon Co-Petitioners' (with minor children) Affidavit in Support of Motion for Waiver of 90 Day Waiting Period