Divorce finalization date/timing?

[DecisionTime]

What is the name of your state (only U.S. law)? Oregon

STBX and I have just begun the divorce process. I filed and he was served a week ago. We are now working together on what will likely be a stipulated general judgment and thus avoid trial. We are trying to figure out the timeline that he will be covered under my employer's insurance plan before he's on his own. Oregon law requires a 90 day period between the time the spouse was served and the time the court can hold a final hearing or sign the final judgment. So he would lose insurance at the end of August. I'm trying to see if there's a way to extend that until October or so.

I have found the statutes describing what must be done in order to waive that 90 day waiting period, but can't find anything about asking for a specific date of dissolution after that date or asking for say 120 days. Would that be a matter of local court practices? Or can we write in an effective date in the stipulated judgment? Do the clerks calendar a matter for signing as soon as the petition and summons are served? I know they immediately set an automatic trial date/dismissal date for six months after the filing date.

We are both pro se. Is this the kind of question I can ask the court clerk?

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon

STBX and I have just begun the divorce process. I filed and he was served a week ago. We are now working together on what will likely be a stipulated general judgment and thus avoid trial. We are trying to figure out the timeline that he will be covered under my employer's insurance plan before he's on his own. Oregon law requires a 90 day period between the time the spouse was served and the time the court can hold a final hearing or sign the final judgment. So he would lose insurance at the end of August. I'm trying to see if there's a way to extend that until October or so.

I have found the statutes describing what must be done in order to waive that 90 day waiting period, but can't find anything about asking for a specific date of dissolution after that date or asking for say 120 days. Would that be a matter of local court practices? Or can we write in an effective date in the stipulated judgment? Do the clerks calendar a matter for signing as soon as the petition and summons are served? I know they immediately set an automatic trial date/dismissal date for six months after the filing date.

We are both pro se. Is this the kind of question I can ask the court clerk?

What is the reason that you want his insurance coverage extended until October or so?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Oregon

STBX and I have just begun the divorce process. I filed and he was served a week ago. We are now working together on what will likely be a stipulated general judgment and thus avoid trial. We are trying to figure out the timeline that he will be covered under my employer's insurance plan before he's on his own. Oregon law requires a 90 day period between the time the spouse was served and the time the court can hold a final hearing or sign the final judgment. So he would lose insurance at the end of August. I'm trying to see if there's a way to extend that until October or so.

Yes. Divorce usually qualifies the spouse to sign up for COBRA. You'd be paying for a few months of COBRA coverage, but that might well be less than it would cost you to delay the divorce. There's not enough information provided to be sure one way or the other.

 

[DecisionTime]

Thanks LdiJ and Mistoffoless. STBX is unemployed and currently searching for work. COBRA premium will be about $800/mo and neither of us can afford that. He's currently on a prescription drug regimen that will get prohibitively expensive without insurance and he won't qualify for state help for some time. I'm looking for a way to give him a little breathing room on his medical coverage without the divorce going on indefinitely. I guess I could call the court and ask about a stipulated date?

While I'm thinking of it, I saw another thread where a judge delayed a divorce until the 10 year anniversary date to preserve SS benefits for the ex spouse. Is there any downside to that for me? The 10 year anniversary will roll around early next year so I don't know if the judge would hold off on signing for that reason?

Currently things are amicable and I'm hoping to keep it that way.

 

[LdiJ]

Thanks LdiJ and Mistoffoless. STBX is unemployed and currently searching for work. COBRA premium will be about $800/mo and neither of us can afford that. He's currently on a prescription drug regimen that will get prohibitively expensive without insurance and he won't qualify for state help for some time. I'm looking for a way to give him a little breathing room on his medical coverage without the divorce going on indefinitely. I guess I could call the court and ask about a stipulated date?

While I'm thinking of it, I saw another thread where a judge delayed a divorce until the 10 year anniversary date to preserve SS benefits for the ex spouse. Is there any downside to that for me? The 10 year anniversary will roll around early next year so I don't know if the judge would hold off on signing for that reason?

Currently things are amicable and I'm hoping to keep it that way.

Unless you are in a hurry to remarry there is absolutely no downside for you, social security wise if the marriage is 10 years.

 

[mistoffolees]

Thanks LdiJ and Mistoffoless. STBX is unemployed and currently searching for work. COBRA premium will be about $800/mo and neither of us can afford that. He's currently on a prescription drug regimen that will get prohibitively expensive without insurance and he won't qualify for state help for some time. I'm looking for a way to give him a little breathing room on his medical coverage without the divorce going on indefinitely. I guess I could call the court and ask about a stipulated date?

While I'm thinking of it, I saw another thread where a judge delayed a divorce until the 10 year anniversary date to preserve SS benefits for the ex spouse. Is there any downside to that for me? The 10 year anniversary will roll around early next year so I don't know if the judge would hold off on signing for that reason?

Currently things are amicable and I'm hoping to keep it that way.

The judge may or may not hold off on signing, but you can delay filing.