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

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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