How do I petition the judge to reinstate my divorce?
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How do I petition the judge to reinstate my divorce?
I filed for divorce 10 months ago. I just found out the affidavit of service was never turned into court so my divorce was dismissed. Now have to petition the judge to reopen.
Asked on April 12, 2012 under Family Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to petition the court to reinstate your bankruptcy petition that was dismissed due to lack of timely service of th summons and complaint is to consult with a family law attorney to assist you in preparing such a pleading. If you cannot afford one, you can go to your local legal aid center or your county library to find templates for the filing of such a petition.
You will need a notice of petition, points and authorities in support of it, a declaration signed by yourself and a proposed order allowing the relief that you seek. You complete the pleadings, sign them, make copies and go down to the court clerk to file them and get a hearing date. In the mean time, you should try and serve the petition for your divorce on your spouse.
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