Oregon Co-Petitioners' (with no or adult children) Motion for Waiver of 90 Day Waiting Period
Understanding this form
The Co-Petitioners' Motion for Waiver of 90 Day Waiting Period is a legal document that allows co-petitioners in a divorce or separation process to request the court to bypass the standard 90-day waiting period before proceeding to a trial or hearing. This form should only be used when there are compelling reasons that meet the criteria of emergency or necessity, ensuring that immediate action is taken to safeguard the rights or interests of any involved parties. It differs from traditional waiting period applications by emphasizing urgent circumstances that warrant expedited consideration.
Key parts of this document
- Identification of co-petitioners and the case number.
- Formal request for the court to waive the 90-day waiting period.
- Affidavit detailing the grounds for the motion, including necessity and emergency situations.
- Legal references to support the request, specifically ORS 107.065(2).
- Certificate of Document Preparation affirming the document's completion without assistance, if applicable.
- Signature lines for both co-petitioners to validate the motion.
When to use this document
This form should be used when co-petitioners are facing an urgent situation that prevents them from adhering to the 90-day waiting period typically required in divorce cases. Examples include situations where immediate legal action is necessary to protect the interests of children, joint property, or other significant matters that could be adversely affected by delay.
Who this form is for
- Co-petitioners who are going through a divorce or legal separation in Oregon.
- Individuals facing an emergency or a situation of necessity requiring expedited legal proceedings.
- Those who have already signed a stipulated judgment and need to move forward quickly.
Instructions for completing this form
- Identify the parties by filling in the names of both co-petitioners at the top of the document.
- Insert the case number assigned by the court where the divorce proceedings are filed.
- Detail the grounds for the requested waiver in the affidavit section, explaining the emergency or necessity.
- Complete the Certificate of Document Preparation, marking the appropriate checkbox based on assistance received.
- Both co-petitioners must sign and print their names, along with providing contact information.
Notarization guidance
This form does not typically require notarization unless specified by local law. However, it is essential to ensure all signatures are properly completed before submission to the court, reinforcing its legal standing.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
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.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to provide sufficient details in the affidavit to justify the waiver.
- Not including the case number or correct names of the co-petitioners.
- Omitting signatures, which invalidates the motion.
- Misunderstanding the grounds for emergency; using the form without a legitimate reason can lead to denial.
Why complete this form online
- Convenience of filling out and downloading the form from anywhere at any time.
- Editability allows custom adjustments to fit specific situations.
- Reliability with templates drafted by licensed attorneys, ensuring legal accuracy.
- Immediate access to forms without the need for in-person consultations.
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FAQ
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.
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.
A variety of factors determine the length of divorce proceedings. In California, the shortest amount of time a divorce can take is six months.
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.
Oregon is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
Disadvantages of Legal Separation Unless explicitly stated in your Oregon legal separation agreement, some of the terms of your settlement agreement, including parenting time, child support, child-related expenses, and spousal support may be renegotiated again, if and when you decide to divorce.
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.
While Oregon used to have a 90-day waiting period in place, the state no longer imposes this requirement. Even though there is no time frame imposed to divorce once the papers are filed and served, it is important to note that the respondent spouse has 30 days to answer the divorce petition.
