Legal Question in Family Law in Oregon
Dismissal
How do you get a court to set aside a dismissal? The court did not recieve a stipulated decree or judgement within the 30 day requirement period and has now dismissed the case. Is it possible to have the court set aside the dismissal? The custody of a child was awarded to the mother
but now with the judgement to dismiss the case, does that mean she no loger has custody?
1 Answer from Attorneys
Re: Dismissal
You need to file with the court a MOTION TO VACATE JUDGMENT OF DISMISSAL, supported by an AFFIDAVIT explaining what has occurred and further explaining that a Stipulated General Judgment of Dissolution of Marriage has now been executed by the parties and that both parties seek to have the Judgment of Dismissal vacated (thus reinstating the case) for the limited purpose of allowing the Stipulated General Judgment of Dissolution of Marriage to be submitted to the court.
Together with the Motion and Affidavit, you also need to submit for the judge�s signature a proposed form of ORDER VACATING JUDGMENT OF DISMISSAL, indicating that the prior Judgment of Dismissal is vacated and that the case is reinstated for the limited purpose of allowing the submission of a Stipulated General Judgment of Dissolution of Marriage.
Of course, together with the Motion and Affidavit, you also need to submit the STIPULATED GENERAL JUDGMENT OF DISSOLUTION.
Be sure to do all of this ASAP, and in event later than six months from the date of the dismissal.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Phone: 503-224-8884 (afternoons, Pacific time)
Fax: 503-226-1321
E-mail: [email protected]