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Motion For Waiver Of 90 Day Waiting Period - Oregon
| Motion For Waiver Of 90 Day Waiting Period Form. This is a Oregon form and can be used in Divorce Circuit Court Lincoln Local County . |
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Request for Waiver of 90 Day Waiting Period Instructions These instructions explain how to ask the court to waive the 90 day waiting period between service (delivery of petition to respondent) and final judgment in a Summary Dissolution case. Either party may use this packet. REQUIRED CIRCUMSTANCES You should not apply for a waiver of the 90 day waiting period unless your situation meets one of the following criteria: $ There is an emergency or situation of necessity. If these conditions exist, complete the forms described below. You must provide facts that satisfy the court that immediate action is warranted to protect your or another person's rights or interests in your proceeding. $ You and the other party have signed a stipulated judgment agreeing on all terms of your dissolution (divorce). The stipulated judgment should be filed with the Motion and Affidavit described below. State in the Affidavit that you and the other party have signed a stipulated judgment. No other grounds of emergency or necessity need be stated. IMPORTANT: The fact that the respondent has "defaulted" alone does NOT qualify as an "emergency" or "situation of necessity." STEP 1 $ Fill out the Affidavit in Support of Motion for Waiver of 90 Day Waiting Period (AFFIDAVIT) and Motion for Waiver of 90 Day Waiting Period (MOTION). $ Fill out the case heading on the Order Regarding Request for Waiver of 90 Day Waiting Period (ORDER) and the information about yourself at the bottom of the page. $ Make two copies of the AFFIDAVIT, MOTION AND ORDER. One is for your records and the other is to send to the other party (unless the other party has defaulted). Sign the copies for the other party where it says "I certify this is a true copy." STEP 2 $ Send the copies of the AFFIDAVIT, MOTION and ORDER to the other party by mail (unless the other party has defaulted) . Fill out the Certificate of Mailing form. $ File the original AFFIDAVIT, MOTION, ORDER, and Certificate of Mailing with the court. If you and the other party have signed a stipulated judgment, file the original of it as well. STEP 3 $ Check back in a week to 10 days to see if the ORDER was signed by a judge, and if so, whether the request was granted or denied. If the request was granted, the judge will grant judgment before expiration of the 90-day period. If the request was denied, you must wait until 90 days has passed from the date of service before the court will hold a final hearing or sign the final judgment of dissolution (divorce). INSTRUCTIONS REQUEST FOR WAIVER OF 90 DAY WAITING PERIOD - Page 1 of 5 SummDisso-1A: 90DayWaiverPacket-1A-Ver01.doc (1/08) American LegalNet, Inc. www.FormsWorkflow.com IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINCOLN In the Matter of the Marriage of: ) ) ) ) ) ) ) ) ) Motion I, Petitioner Respondent, request that the court issue an Order waiving the requirement that the ________________________________, Petitioner, and ________________________________, Respondent. Case No. ______________________ MOTION FOR WAIVER OF 90 DAY WAITING PERIOD parties wait 90 days from the date of service before proceeding to a trial or hearing on this matter. This motion is supported by the grounds stated in the attached affidavit. Points and Authorities ORS 107.065(2) allows the court to waive the 90 day waiting period if the request is supported by an affidavit setting forth grounds of emergency or necessity and facts that satisfy the court that immediate action is warranted to protect the rights or interest of any party or person who might be affected by a final judgment in the proceedings. An affidavit stating that a stipulated judgment has been signed by the parties is adequate grounds of necessity for immediate action under this statute. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document for myself and I completed it without paid assistance. I paid or will pay money to _____________________________ for assistance in preparing this form. DATED: _______________________, 20 _____. __________________________________________________________________________________________ Petitioner Respondent, Signature Print Name __________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone I certify that this is a true copy:____________________________________. Signature MOTION REQUEST FOR WAIVER OF 90 DAY WAITING PERIOD - Page 2 of 5 SummDisso-1A: 90DayWaiverPacket-1A-Ver01.doc (1/08) American LegalNet, Inc. www.FormsWorkflow.com IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINCOLN In the Matter of the Marriage of: ) ) ) ) ) ) ) ) ________________________________, Petitioner, and ________________________________, Respondent. STATE OF ______________________ ) ) ss. County of _______________________ ) Case No. ______________________ AFFIDAVIT IN SUPPORT OF MOTION FOR WAIVER OF 90 DAY WAITING PERIOD I, Petitioner Respondent, being first duly sworn, say that the following is true (indicate the happening of at least one of the following): An emergency or necessity exits in that (describe):_________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _______________________________________________________________________________________, or A stipulated judgment of dissolution (divorce) has been signed by both parties to this action. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: I selected this document for myself and I completed it without paid assistance. I paid or will pay money to _____________________________ for assistance in preparing this form. __________________________________________________________________________________________ Petitioner Respondent, Signature Print Name __________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone SIGNED AND SWORN to before me this ___________ day of _______________, 20 _____. __
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