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Oregon Co-Petitioners' (with minor children) Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing

State:
Oregon
Control #:
OR-09A-03
Format:
PDF
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Description

This form is used in a suit for dissolution of marriage where the parties are co-petitioners, or respondent is found by the Court to be in default, or the respondent appeared but waived further appearance, or the parties stipulate to the entry of a decree, ORS 107.095(4) authorizes the Court to enter a judgment of dissolution upon affidavit without a hearing.

Oregon Co-Petitioners' (with minor children) Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing is a legal motion filed by a couple in the state of Oregon to request that the court allow a judgment to be entered on an affidavit in lieu of a hearing. This motion is typically used when the couple is unable to appear in court for a hearing due to extenuating circumstances such as the presence of minor children. This motion requests that the court allow a judgment to be entered on the affidavit, usually with supporting evidence, and that the court waive the requirement for a hearing as long as all other requirements of the court have been met. There are two types of Oregon Co-Petitioners' (with minor children) Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing: a Joint Motion and an Individual Motion. In a Joint Motion, both parties agree to the motion and sign the affidavit, whereas in an Individual Motion, only one party will agree and sign the affidavit.

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FAQ

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.

The respondent can be either the plaintiff or the defendant from the court below, as either party can appeal the decision thereby making themselves the petitioner and their adversary the respondent. Formerly, in the equity courts of common law, the defendant was always called the respondent.

"Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.

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.

Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a person

(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.

The petitioner is merely the spouse who files for divorce. This is a matter of procedure and doesn't imply any sort of legal or moral high ground. One party is always the first to file for divorce, and this can occur for any number of reasons, such as the other party having an affair.

A Notice of Entry of Judgment & Decree of Divorce (Default) is a document that notifies the other party that the Judge has signed a Judgment & Decree of Divorce (Default). This document must be sent to the other party and the Affidavit of Service filed with the Clerk of Courts.

More info

This affidavit needs to be filed if there are minor or disabled child(ren) of the parties. If Petitioner qualifies, they may complete the process to obtain a default decree without a hearing pursuant to Rule 44.Lien on Real Property (Starting the Process on Lien). After the complaint and answer have been filed, either party may file a motion asking for orders deciding custody, parenting-time and support . Proceedings and Show Cause Hearings for Contempt. (c) The Court's Order. These forms can be used to modify divorce decrees, as well as child support and custody orders, judgment and decrees. Hearing. 15. Rule 6.4. PDFWord109ESPDFWord110ESPDFWord111ES DPDFWord111ES W Jurisdictional Transfer During Appeal of Final or Partial Final Judgment in Circuit Court.

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Oregon Co-Petitioners' (with minor children) Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing