QUESTION

If my spouse gets served with divorce papers and doesn't respond within 30 days, how soon can I file the default packet?

Asked on Mar 09th, 2015 on Divorce - Oregon
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Family Law Attorney serving Redmond, OR at Oliver & Duncan
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First, did you file the original Summons ? Domestic Relations with the Court along with the original proof of personal service or substituted service on your spouse, the respondent in the case? If that did happen, you can file a motion for default but the proof of service has to relate that she was also served with additional documents like the Status Quo order, CIF and Notice of Filing CIF (Confidential Information Form). If she did get served with all of the required documents then the Court should probably grant the motion for default. After that happens, you need to file a Judgment of Default with the Court which, when it has been signed by a Judge and filed in the Court records, means the marriage is over and you are divorced.
Answered on Mar 10th, 2015 at 8:45 PM

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