How do I petition the judge to reinstate my divorce?

UPDATED: Apr 12, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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