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Oregon Request for Waiver of 90 Day Waiting Period Form

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Oregon Request for Waiver of 90 Day Waiting Period Form
Oregon Request for Waiver of 90 Day Waiting Period Form
INSTRUCTIONS REQUEST FOR WAIVER OF 90 DAY WAITING PERIOD - Page
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SummDisso-1A: 90DayWaiverPacket-1A-Ver02.doc (8/12)
Request for Waiver of 90 Day Waiting Period
Instructions
These Instructions and Forms Do Not Apply to Cases Filed After January 1, 2012.
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.
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 3 weeks 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).
IMPORTANT: The fact that the respondent has “defaulted” does NOT qualify by itself as an
“emergency” or “situation of necessity.”
Oregon Request for Waiver of 90 Day Waiting Period Form
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