Legal Question in Family Law in Oregon

Voluntary dismissal of pending divorce case.

YOUR QUESTION:

I filed for divorce in march,but my husband and I decided we do not want it,can we stop it if we have not yet gone to court? We paid the fee,filed,but will not have court date for awhile as I am injured.

ANSWER:

Yes, you can stop the proceeding. You and your husband need to file with the court a document called a �STIPULATION FOR VOLUNTARY DISMISSAL,� signed by both parties, stating that both parties agree (stipulate) to having the case dismissed without further proceedings. You need to also submit to the court for judicial signature a �JUDGMENT OF DISMISSAL.� All of this done pursuant to Rule 54-A of the Oregon Rules of Civil Procedure.

I am not aware of any pre-printed forms for this purpose. However, many courts (including Multnomah County, in Room 211 at the courthouse) have a �self-help� law center that might be able to give you further guidance. Otherwise, you might have to hire a lawyer to prepare the necessary paperwork.

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

621 S.W. Morrison St., Suite 350

Portland, Oregon 97205

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-274-0818

E-mail: [email protected]