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Motion For Waiver Of 90 Day Waiting Period Form. This is a Oregon form and can be use in 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)
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF LINCOLN
In the Matter
of the Marriage of:
)
)
)
)
)
)
)
)
)
________________________________,
Petitioner,
and
________________________________,
Respondent.
Case No. ______________________
MOTION FOR WAIVER OF
90 DAY WAITING PERIOD
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:
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)
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF LINCOLN
In the Matter
of the Marriage of:
________________________________,
Petitioner,
and
________________________________,
Respondent.
)
)
)
)
)
)
)
)
Case No. ______________________
AFFIDAVIT IN SUPPORT OF MOTION
FOR WAIVER OF 90 DAY WAITING
PERIOD
STATE OF ______________________ )
) ss.
County of _______________________ )
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 _____.
____________________________________
Notary Public for ____________/Court Clerk
My Commission Expires: _______________
I certify that this is a true copy:____________________________________
Petitioner
Respondent, Signature
AFFIDAVIT - REQUEST FOR WAIVER OF 90 DAY WAITING PERIOD - Page 3 of 5
SummDisso-1A: 90DayWaiverPacket-1A-Ver01.doc (1/08)
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF LINCOLN
In the Matter of the Marriage of:
)
)
)
)
)
)
)
)
________________________________,
Petitioner,
and
________________________________,
Respondent.
Based upon the motion and affidavit of the
Petitioner
Case No. ______________________
ORDER REGARDING REQUEST
FOR WAIVER OF 90 DAY WAITING
PERIOD
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
ORDER - REQUEST FOR WAIVER OF 90 DAY WAITING PERIOD - Page 4 of 5
SummDisso-1A: 90DayWaiverPacket-1A-Ver01.doc (1/08)
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF LINCOLN
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
///
///
///
///
///
CERTIFICATE OF MAILING - REQUEST FOR WAIVER OF 90 DAY WAITING PERIOD - Page 5 of 5
SummDisso-1A: 90DayWaiverPacket-1A-Ver01.doc (1/08)
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