Free Waiver of 90 Day Waiting Period Packet - Oregon

Request for Waiver of 90 Day Waiting Period
Instructions for Packet 1F
These instructions explain how to ask the court to waive the 90 day waiting period between service (delivery of petition to respondent) and final hearing or Final Decree and Judgment of Dissolution of Marriage in a divorce case. Either spouse may use this packet. REQUIRED CIRCUMSTAN CES You should not apply for a waiver of the 90 day waiting period unless your situation meets one of the following two 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 your spouse have signed a stipulated Final Decree and Judgment of Dissolution of Marriage agreeing on all terms of your dissolution (divorce). The stipulated Final Decree and Judgment of Dissolution of Marriage should be filed with the Motion and Affidavit described below. State in the Affidavit that you and your spouse have signed a stipulated Final Decree and Judgment of Dissolution of Marriage. No other grounds of emergency or necessity need be stated. 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 your spouse. Sign the copies for your spouse where it says "I certify this is a true copy." STEP 2 · Send the copies of the AFFIDAVIT, MOTION and ORDER to your spouse. Fill out the Certificate of Mailing form. · File the original AFFIDAVIT, MOTION, ORDER, and Certificate of Mailing with the court. If you and your spouse have signed a stipulated Final Decree and Judgment of Dissolution of Marriage, file the original of it as well. STEP 3 · Check back in 10 days to 14 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 Final Decree and Judgment of Dissolution of Marriage 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 Decree and Judgment of Dissolution of Marriage.
WAIVER OF 90 DAY WAITING PERIOD
Disso-1F: Instructions-1F REVISED.wpd (7/06/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN IN THE MARRIAGE OF ) ) ) ) ) ) ) ) ) ) Motion I, Petitioner Respondent, request that the Court issue an Order waiving the requirement that the 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:

Case No.

PETITIONER, AND RESPONDENT.

MOTION FOR WAIVER OF 90 DAY WAITING PERIOD

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

WAIVER OF 90 DAY WAITING PERIOD
Disso-1F: Instructions-1F REVISED.wpd (7/06/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

In the Matter of the Marriage of: ________________________________, Petitioner, and

________________________________, Respondent.

) ) ) ) ) ) ) ) ) )

Case No.________________ AFFIDAVIT IN SUPPORT OF MOTION FOR WAIVER OF 90 DAY DAY WAITING PERIOD

STATE OF ______________________ ) ) ss. County of _______________________ ) I, Petitioner Respondent, being first duly sworn, say that the following is true: ___________________________________________________________________________________________
(W rite the facts of emergency or necessity that support your request for the waiver)

___________________________________________________________________________________________ ___________________________________________________________________________________________ Additional page attached, labeled "Affidavit, continued." 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 _____. ____________________________________ Notary Public for ____________/Court Clerk My Commission Expires: _______________ I certify that this is a true copy:____________________________________ Petitioner Respondent, Signature WAIVER OF 90 DAY WAITING PERIOD
Disso-1F: Instructions-1F REVISED.wpd (7/06/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN In the Matter of the Marriage of: ________________________________, Petitioner, and ________________________________, Respondent. ) ) ) ) ) ) ) )

Case No. ______________________ ORDER REGARDING REQUEST FOR WAIVER OF 90 DAY WAITING PERIOD

Based upon the motion and affidavit of the Petitioner Respondent on file herein, the request for waiver of the 90 day waiting period is hereby:



Allowed. Denied.

DATED this ____ day of _____________________, 20______.

______________________________________ Circuit Court Judge ______________________________________ Print Name 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 Submitted By: _____________________________________________________________________________________________________ Petitioner Respondent, Print Name Address or Contact Address _____________________________________________________________________________________________________ City, State, Zip Telephone or Contact Telephone I certify that this is a true copy:____________________________________ Signature WAIVER OF 90 DAY WAITING PERIOD
Disso-1F: Instructions-1F REVISED.wpd (7/06/01)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINN

In the Matter of the Marriage of: ___________________________________, Petitioner, and ___________________________________, Respondent.

) ) ) ) ) ) ) )

Case No. ______________________

CERTIFICATE OF MAILING

I certify that on ____________________, 20______, I placed a true copy of the Motion, Affidavit and Order Regarding Waiver of the 90 Day Waiting Period in the above case in the United States mail addressed to Petitioner

Respondent at (list address): ________________________________

_______________________________________________________________________________________________ in a sealed envelope with postage paid.
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 this _____ day of _______________________, 20_____.

______________________________________________________________________________ Petitioner Respondent, Signature Print Name ______________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone

WAIVER OF 90 DAY WAITING PERIOD
Disso-1F: Instructions-1F REVISED.wpd (7/06/01)