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?


Asked on 9/16/05, 7:10 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

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]

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Answered on 9/17/05, 5:49 am


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