In the petition I was very general, like everything to be divided eaually and custody in accordance to oregon law. this is in Multnomah county. Do I have to still give him 14 days notice? or could I go to the court and finilize it?
If your spouse has not filed a response, or given you notice of their intent to do so, within 30 days of being served, you can ask the Court to enter an order of default, and enter a judgment granting you all the relief requested in your petition. You don't need to give him notice if he hasn't appeared or requested it.
You can only get terms in a judgment that match those you requested in the petition. (The theory is that it may be that he didn't respond because he was OK with those terms, so you can't spring new ones on him in the default judgment.) This can be tricky if your petition was extremely vague. I would urge you to consult in private with an attorney for assistance with this.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
You might be able to handle this yourself, but I suggest you consult an attorney. You might want to consider scheduling a "prima facie" hearing to get the specific judgment you want.
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