Oregon Statutes - Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention

107.005 Annulment of void marriage; declaration of validity; effect of declaration.
(1) A marriage may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not,...
107.010 [Repealed by 1971 c.280 §28]
107.015 Grounds for annulment or dissolution of marriage.
(1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered: (a) When...
107.020 [Repealed by 1971 c.280 §28]
107.025 Irreconcilable differences as grounds for dissolution or separation.
(1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have...
107.030 [Amended by 1953 c.439 §2; 1965 c.311 §1; repealed by 1971 c.280 §28]
107.035 [1969 c.264 §2; repealed by 1971 c.280 §28]
107.036 Doctrines of fault and in pari delicto abolished; evidence and consideration of fault.
(1) The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation....
107.040 [Amended by 1965 c.388 §1; repealed by 1971 c.280 §28]
107.045 [1957 c.444 §1; 1965 c.603 §1; repealed by 1971 c.280 §28]
107.046 Appearance by public official.
The district attorney, or in appropriate cases the Division of Child Support, shall appear in any suit for the annulment or dissolution of a marriage...
107.050 [Amended by 1965 c.603 §2; repealed by 1971 c.280 §28]
107.055 Appearance by respondent; affirmative defenses abolished.
The respondent shall not be required to answer a petition for annulment or dissolution of a marriage or for separation except by filing a general...
107.060 [Amended by 1965 c.603 §3; repealed by 1971 c.280 §28]
107.065 Waiting period in dissolution suit; waiver.
(1) Except as provided in ORS 107.095 and in subsection (2) of this section, no trial or hearing on the merits in a suit for...
107.070 [Repealed by 1971 c.280 §28]
107.075 Residence requirements.
(1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the...
107.080 [Repealed by 1971 c.280 §28]
107.085 Petition; title; content.
(1) A suit for marital annulment, dissolution or separation shall be entitled: �IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate...
107.086 Where to file petition.
A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides. [2003 c.289 §6]
107.087 When petition to be served on Division of Child Support.
Whenever a suit for dissolution, separation or annulment is initiated under ORS 107.085 and the child support rights of one of the parties or of...
107.088 Clerk of court to furnish certain information when petition is filed.
(1) At the time a suit for legal separation or for dissolution is filed, the clerk of the court shall furnish to the petitioner a...
107.089 Documents parties must furnish to each other; effect of failure to furnish.
(1) If served with a copy of this section as provided in ORS 107.088, each party in a suit for legal separation or for dissolution...
107.090 [Amended by 1953 c.602 §2; 1955 c.648 §4; 1959 c.572 §1; 1969 c.221 §1; repealed by 1971 c.280 §28]
107.092 Notice that spouse may continue health insurance coverage; liability of clerk.
(1) The clerk of the court shall furnish to both parties in a suit for legal separation or for dissolution, at the time the suit...
107.093 Restraining order; request for hearing.
(1) After a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent as provided in...
107.094 Forms for restraining order and request for hearing.
(1) Forms shall be established by court rule for: (a) The restraining order issued under ORS 107.093; and (b) The request for hearing under ORS...
107.095 Provisions court may make after commencement of suit and before judgment.
(1) After the commencement of a suit for marital annulment, dissolution or separation and until a general judgment therein, the court may provide as follows:...
107.097 Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing.
(1) Except as otherwise provided in subsection (3) of this section, a court may not enter ex parte a temporary order under ORS 107.095, 109.103...
107.100 [Amended by 1953 c.553 §2; 1953 c.635 §2; 1961 c.540 §1; 1963 c.476 §1; 1965 c.603 §6; 1969 c.198 §53; 1969 c.591 §283; repealed by 1971 c.280 §28]
107.101 Policy regarding parenting.
It is the policy of this state to: (1) Assure minor children of frequent and continuing contact with parents who have shown the ability to...
107.102 Parenting plan; content.
(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 to...
107.104 Policy regarding settlement; enforcement of settlement terms; remedies.
(1) It is the policy of this state: (a) To encourage the settlement of suits for marital annulment, dissolution or separation; and (b) For courts...
107.105 Provisions of judgment.
(1) Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment: (a) For the future care...
107.106 Provisions of order or judgment providing for custody, parenting time, visitation or support of child.
(1) An order or judgment providing for the custody, parenting time, visitation or support of a child under ORS chapter 25, 107, 108, 109 or...
107.107 [1981 c.775 §4; repealed by 1983 c.728 §9]
107.108 Support or maintenance for child attending school; rules.
(1) As used in this section: (a) �Child attending school� means a child of the parties who: (A) Is unmarried; (B) Is 18 years of...
107.110 [Amended by 1965 c.603 §4; 1969 c.179 §1; 1969 c.198 §54; 1969 c.591 §284; repealed by 1971 c.280 §28]
107.111 When parents equally responsible for funeral expenses of child.
Whenever a court imposes upon the parents of a person under 18 years of age a shared obligation to support the person financially, the parents,...
107.115 Effect of judgment; effective date; appeal pending upon death of party.
(1) A judgment of annulment or dissolution of a marriage restores the parties to the status of unmarried persons, unless a party is married to...
107.118 Definitions for ORS 107.118 to 107.131.
As used in ORS 107.118 to 107.131: (1) �Designation of beneficiary� means the naming of a person in a governing instrument for the purpose of...
107.120 [Repealed by 1971 c.280 §28]
107.121 Revocation of designation of beneficiary upon entry of judgment.
(1) A judgment of dissolution, separation or annulment may revoke a designation of beneficiary made by a principal in favor of a spouse or a...
107.124 Effect of revocation.
If a designation of beneficiary is revoked under ORS 107.121, the designation of beneficiary must be given effect as if the spouse or the relative...
107.125 [1965 c.386 §3; repealed by 1971 c.280 §28]
107.126 [1971 c.280 §15; 1993 c.716 §4; 1993 c.763 §7; 1997 c.801 §148; repealed by 2003 c.576 §580]
107.127 Notice of revocation; payments made under governing instrument.
(1) A person is not liable for having made a payment to a beneficiary designated in a governing instrument, or for having taken any other...
107.130 [Amended by 1961 c.429 §1; repealed by 1971 c.280 §28]
107.131 Conveyance or release of contingent or expectant interests.
In addition to the revocation of designation of beneficiary under ORS 107.121, a judgment of dissolution, separation or annulment may require conveyance or release of...
107.135 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies.
(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of...
107.136 Reinstatement of terminated spousal support.
(1) When a court has terminated the duty of spousal support under ORS 107.135, the court may reinstate the remaining duration and remaining amount of...
107.137 Factors considered in determining custody of child.
(1) In determining custody of a minor child under ORS 107.105 or 107.135, the court shall give primary consideration to the best interests and welfare...
107.138 Temporary status quo order regarding child custody.
(1)(a) A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a...
107.139 Post-judgment ex parte temporary custody or parenting time order; hearing.
(1)(a) Following entry of a judgment, a court may enter ex parte a temporary order providing for the custody of, or parenting time with, a...
107.140 [Paragraph (f) of subsection (1) of 1959 Replacement Part enacted as 1955 c.72 §1; repealed by 1961 c.551 §2]
107.141 [1961 c.551 §1; repealed by 1971 c.280 §28]
107.142 [1971 c.280 §17; 1973 c.530 §1; 1981 c.537 §1; repealed by 2003 c.576 §580]
107.149 Policy regarding parents and their children.
It is the policy of this state to assure minor children of frequent and continuing contact with parents who have shown the ability to act...
107.150 [Subsection (5) enacted as 1953 c.491 §1; 1959 c.228 §1; subsection (6) enacted as 1965 c.603 §7; subsection (7) enacted as 1965 c.386 §4; repealed by 1971 c.280 §28]
107.154 Authority of parent when other parent granted sole custody of child.
Unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority: (1)...
107.159 Notice of change of residence.
(1) In any court order or judgment granting custody of a minor child and parenting time or visitation rights relating to the child, except for...
107.160 [Amended by 1963 c.497 §4; repealed by 1971 c.280 §28]
107.164 Parents� duty to provide information to each other.
Unless otherwise ordered by the court, both parents shall have a continuing responsibility, once a custody or protective order concerning the child is issued, to...
107.169 Joint custody of child; modification.
(1) As used in this chapter, �joint custody� means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including,...
107.170 [1955 c.648 §1; repealed by 1961 c.210 §6]
107.174 Modification of order for parenting time; stipulation; exception for nonresident child.
(1) Except as otherwise provided in this subsection, the court shall order modification under ORS 107.135 of so much of a judgment as relates to...
107.179 Request for joint custody of children; mediation.
(1) When either party to a child custody issue, other than one involving temporary custody, whether the issue arises from a case of marital annulment,...
107.180 [1959 c.534 §1; renumbered 107.430]
107.210 [Repealed by 1973 c.502 §18]
107.220 [Repealed by 1973 c.502 §18]
107.230 [Repealed by 1973 c.502 §18]
107.240 [Repealed by 1973 c.502 §18]
107.250 [Amended by 1955 c.648 §5; 1959 c.572 §2; 1969 c.221 §2; 1969 c.313 §1; repealed by 1973 c.502 §18]
107.260 [Repealed by 1973 c.502 §18]
107.270 [Amended by 1969 c.198 §55; repealed by 1973 c.502 §18]
107.280 [Amended by 1959 c.572 §3; 1969 c.591 §285; repealed by 1973 c.502 §18]
107.290 [Amended by 1971 c.314 §2; repealed by 1973 c.502 §18]
107.300 [Amended by 1971 c.280 §23; repealed by 1973 c.502 §18]
107.310 [Amended by 1973 c.502 §10; renumbered 107.455]
107.320 [Repealed by 1973 c.502 §18]
107.400 Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought.
At any time prior to the entry of a judgment, upon motion of a party and due notice to the other party in the manner...
107.405 Powers of court in dissolution, annulment or separation proceedings.
When a court is sitting in proceedings for annulment or dissolution of a marriage, or for separation, it shall have full equity powers. [1971 c.280
107.406 Finding; policy regarding spousal support.
(1) The Legislative Assembly finds that it is in the best interests of a former spouse for whom a court has awarded spousal support, as...
107.407 Petition to set aside spousal support provisions of judgment.
If an individual has paid an amount of money in installments for more than 10 years for the support of a former spouse under a...
107.410 [1961 c.418 §1; repealed by 1971 c.280 §28]
107.412 Procedure applicable to ORS 107.407; matters considered; attorney fees.
(1) Upon petition of an individual and after service of notice on the other party in the manner provided by law for service of a...
107.415 Notice of change of status of child; effect of failure to give notice.
(1) If a party is required by a judgment of a court in a domestic relations suit, as defined in ORS 107.510, to contribute to...
107.420 [1961 c.340 §1; repealed by 1971 c.280 §28]
107.425 Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children.
(1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation...
107.430 [Formerly 107.180; 1963 c.223 §1; repealed by 1971 c.280 §28]
107.431 Modification of portion of judgment regarding parenting time or child support; procedure.
(1) At any time after a judgment of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter...
107.434 Expedited parenting time enforcement procedure; fees; remedies.
(1) The presiding judge of each judicial district shall establish an expedited parenting time enforcement procedure that may or may not include a requirement for...
107.435 [1971 c.280 §19; repealed by 1973 c.502 §18]
107.437 Order of assistance to obtain custody of child held in violation of custody order.
(1) A person entitled to physical custody of a child may make an ex parte application for an order of assistance to a court of...
107.440 [1963 c.434 §14; 1965 c.386 §1; repealed by 1971 c.280 §28]
107.445 Attorney fees in certain domestic relations proceedings.
In any proceeding brought under ORS 107.095, 108.110 and 108.120, and in any contempt proceeding in any suit for marital annulment, dissolution or separation, the...
107.449 Transfer of proceeding under ORS 107.135 to auxiliary circuit court.
(1) Upon motion of a party to a proceeding under ORS 107.135 (1) that is not otherwise covered under the provisions of ORS 25.100 (1),...
107.450 [1963 c.434 §13; 1965 c.386 §2; repealed by 1971 c.280 §28]
107.452 Reopening case if assets discovered after entry of judgment.
(1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the...
107.455 Effect of separation statutes or judgments on subsequent dissolution proceedings.
The provisions of law pertaining to separation are not intended to and shall not repeal or affect any existing law pertaining to the granting of...
107.465 Conversion of judgment of separation into judgment of dissolution.
(1) Upon motion of a party for an order to show cause why a judgment of separation should not be converted to a judgment of...
107.475 Court to determine duration of separation; modification or vacation of judgment.
The court shall determine and fix in its judgment the duration of the separation. At the expiration of such time, the judgment shall have no...
107.485 Conditions for summary dissolution procedure.
A marriage may be dissolved by the summary dissolution procedure specified in this section and ORS 107.490 when all of the following conditions exist at...
107.490 Commencement of proceeding; petition content; court authority.
(1) A proceeding for summary dissolution of the marriage shall be commenced by filing in the circuit court a petition in the form prescribed by...
107.500 Forms.
(1) The State Court Administrator shall prescribe the content of forms for use under ORS 107.485 and 107.490, including forms related to the waiver or...
107.510 Definitions for ORS 107.510 to 107.610.
As used in ORS 107.510 to 107.610: (1) �Conciliation jurisdiction� means domestic relations conciliation jurisdiction and authority exercised under ORS 107.510 to 107.610 by a...
107.520 Establishment of conciliation jurisdiction.
The circuit court for any county or the circuit courts of more than one county comprising a judicial district after making a determination that the...
107.530 Source of conciliation services; county to pay expenses.
(1) A circuit court or the circuit courts of a judicial district exercising conciliation jurisdiction may obtain conciliation services, with the prior approval of the...
107.540 Conciliation jurisdiction by court; effect.
Whenever any domestic relations suit is commenced in a circuit court exercising conciliation jurisdiction and providing conciliation services, the court may, in its discretion, exercise...
107.550 Petition for conciliation jurisdiction; content; rules.
(1) Whenever either spouse or both spouses file in a circuit court exercising conciliation jurisdiction and providing conciliation services a petition requesting the court to...
107.560 Effect of petition; waiver.
(1) A petition may be filed under ORS 107.550 whether or not a domestic relations suit in which the spouses are parties has been commenced....
107.570 Notice; attendance at hearings.
When a circuit court undertakes to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, it shall refer the matter to the conciliation services provided...
107.580 Restriction of services; priority when children involved; rules.
Whenever a circuit court determines that the conciliation services provided by it are not adequate for the proper disposition of all matters that may be...
107.590 Court orders; reconciliation agreements.
(1) A circuit court undertaking to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, with the consent of the spouses, may make orders with...
107.600 Privacy of proceedings; confidentiality of communications; records.
(1) All hearings, conferences and other proceedings held pursuant to circuit court exercise of conciliation jurisdiction pursuant to ORS 107.540 or 107.550 shall be held...
107.610 Qualifications of conciliation counselors.
Persons performing conciliation services under ORS 107.510 to 107.610 shall have minimum educational and experience qualifications of a master�s degree in the behavioral sciences; or...
107.615 Fees to support services; contracts for service; eligibility rules.
(1) The governing body of any county may impose a fee up to $10 above that prescribed in ORS 205.320 (5) for a marriage license....
107.700 Short title.
ORS 107.700 to 107.735 shall be known and may be cited as the �Family Abuse Prevention Act.� [1977 c.845 §4; 1995 c.637 §1]
107.705 Definitions for ORS 107.700 to 107.735.
As used in ORS 107.700 to 107.735: (1) �Abuse� means the occurrence of one or more of the following acts between family or household members:...
107.707 Application of Uniform Child Custody Jurisdiction and Enforcement Act.
The Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834, applies to proceedings under ORS 107.700 to 107.735. [2005 c.536 §5] Note: 107.707...
107.710 Petition to circuit court for relief; burden of proof.
(1) Any person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 107.700...
107.715 [1977 c.845 §7; repealed by 1981 c.780 §5 (107.716 enacted in lieu of 107.715)]
107.716 Hearing; order; certificate of compliance; effect on title to real property; no undertaking required.
(1) If the respondent requests a hearing pursuant to ORS 107.718 (10), the court shall hold the hearing within 21 days after the request. However,...
107.718 Restraining order; service of order; request for hearing.
(1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on...
107.719 Removal of personal effects; party accompanied by peace officer.
(1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 107.718 shall remain for up to...
107.720 Enforcement of restraining orders; sheriff�s proceedings; security; termination order.
(1)(a) Whenever a restraining order, as authorized by ORS 107.095 (1)(c) or (d), 107.716 or 107.718 which includes a security amount and an expiration date...
107.721 Petitioner�s change of residence.
If the court does not award parenting time under ORS 107.718 to the parent who committed abuse, the petitioner may move to a residence more...
107.722 Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order; modification of preexisting order or judgment.
(1) The provisions of an order or judgment, or of a modification to an order or judgment, issued under ORS 107.095 (1)(b), 107.105, 107.135, 109.103...
107.723 Service of restraining order; facsimile by sheriff.
(1) A sheriff may serve a restraining order under ORS 107.718 in the county in which the sheriff was elected and in any other county...
107.725 Renewal of order entered under ORS 107.716 or 107.718.
The court may renew an order entered under ORS 107.716 or 107.718 upon a finding that a person in the petitioner�s situation would reasonably fear...
107.726 Standing to petition for relief of person under 18 years of age.
A person who is under 18 years of age may petition the circuit court for relief under ORS 107.710 if: (1) The person is: (a)...
107.728 Where to file petition; contempt proceedings.
A petition under ORS 107.710 may be filed only in a county in which the petitioner or respondent resides. Any contempt proceedings for violation of...
107.730 Modification of custody and parenting time provisions of order entered under ORS 107.700 to 107.735; attorney fees.
(1) At any time after an order has been issued under ORS 107.700 to 107.735 and after the time period set forth in ORS 107.718...
107.732 Recovering custody of child.
(1) An order or a modification to an order issued under ORS 107.700 to 107.735 that provides for the custody of a child shall, when...
107.735 Duties of State Court Administrator.
The State Court Administrator shall: (1) Track the number of hearings that are scheduled or requested each year under ORS 107.716 (2) or 107.718 (2)....
107.755 Court-ordered mediation; rules.
(1) Each judicial district shall: (a) Provide a mediation orientation session for all parties in cases in which child custody, parenting time or visitation is...
107.765 When referral to mediation permitted; scope of mediation; report to court of outcome of mediation.
(1) In a domestic relations suit, where it appears on the face of one or more pleadings, appearances, petitions or motions, including any form of...
107.775 Methods of providing mediation services; qualifications; costs.
(1) A circuit court may obtain mediation services, with the prior approval of the governing body of each county involved, by: (a) Using personnel performing...
107.785 Privacy of proceedings; confidentiality of communications; records.
(1) All mediation proceedings under ORS 107.755 to 107.795 shall be held in private, and all persons other than mediation services personnel, the parties, their...
107.795 Availability of other remedies.
Nothing in ORS 21.112, 107.615 and 107.755 to 107.795 shall preclude a party from obtaining any orders available under ORS 107.700 to 107.735 or ORS...
107.810 Policy.
It is the policy of the State of Oregon to encourage persons obligated to support other persons as the result of a dissolution or annulment...
107.820 Support order as insurable interest; order to obtain, renew or continue insurance; right of beneficiary to purchase insurance or pay premiums.
A court order for the payment of spousal or child support whether issued prior to, on or following November 1, 1981, constitutes an insurable interest...
107.830 Physical examination may be ordered; responsibility for premiums.
The court may order a party to undergo a physical examination for the purpose of obtaining life insurance and may order this party to pay...
107.835 Waiver of personal service in subsequent contempt proceeding.
(1) When a court enters a judgment, order or modification of a judgment or order under ORS chapter 25, 107, 108, 109, 110 or 416,...
107.837 Attorney fees; effect of authorization to party.
In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against...
107.840 Confidentiality of Social Security numbers.
(1) The State Court Administrator shall establish a procedure applicable to every court in this state that ensures that the Social Security numbers of parties...
107.843 Supplemental judgments.
A judgment entered under this chapter may be altered or modified only by the entry of a supplemental judgment under ORS chapter 18. [2003 c.576...

Last modified: August 7, 2008