Legal Question in Family Law in Oregon

Re: who sets trial date in divorce

can a respondents attorney set a trial date for a divorce when haven't gone to court for temp. spousal support and when respondent dose not have paper work in. or is it the petitioners attorney to set trial date?

ANSWER:

Most often, YES, provided other court rules and requirements have been satisfied. Once the case is "at issue," with a Petition for dissolution having been filed to which a Response has been filed, in most counties the court's docket clerk will automatically set a trial date and send out notices. In other counties, the docket clerk waits to hear from one lawyer of the other (makes no difference which on) requesting that a trial date be assigned. The clerk than does so and sends out the notices. Some counties have a mandatory mediation rule, requiring that the parties attempt to first settle the dispute via mediation before a trial date will be assigned. Other counties (Multnomah, for example) have a mandatgory "dispute resolution" rule, requiring that SOME form of settlement attempt (mediate, settlement conference with the court, etc.) as a prerequisite for setting going to trial.

Also, why mess around with "temporary support"? Why not just go to trial and get the whole case resolved?

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

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]