Chapter 107 — Chapter 107
155 sections in this chapter.
ORS 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, shall be deemed and held to be void in any action, suit or proceeding in which the marriage may come into question
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(2) When either spouse claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, the marriage may at the suit of the other be declared valid or that the marriage was void from the beginning or that the marriage is void from the time of the judg…
ORS 107.010 [Repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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
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(a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or (b) When the consent of either party was obtained by force or fraud. (2) A judgment for the annulment or dissolu…
ORS 107.020 [Repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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 caused the irremediable breakdown of the marriage
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(2) A judgment for separation may be rendered when: (a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage; (b) The parties make and file with the court an agreement suspending for a period not less than one year their ob…
ORS 107.030 [Amended by 1953 c.439 §2; 1965 c.311 §1; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 107.035 [1969 c.264 §2; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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
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(2) The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences. (3) In divid…
ORS 107.040 [Amended by 1965 c.388 §1; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 107.045 [1957 c.444 §1; 1965 c.603 §1; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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 or for separation when requested by the court. [1971 c.280 §4; 1973 c.502 §3; 1979 c.482 §1]
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[Repealed or reserved.]
ORS 107.050 [Amended by 1965 c.603 §2; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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 appearance or a general appearance with counterclaims relating to matters other than the grounds for annulment, dissolution or separation. Affirmative defenses are abolished. [1971 c.280 §11; 1973 c.502 §4]
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[Repealed or reserved.]
ORS 107.060 [Amended by 1965 c.603 §3; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 107.065 [1971 c.280 §6; 1979 c.284 §99; 1999 c.569 §1; 2003 c.576 §243; repealed by 2011 c.114 §1]
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[Repealed or reserved.]
ORS 107.070 [Repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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 suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015
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(2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six month…
ORS 107.080 [Repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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 relief sought).” The moving party shall be designated as the “Petitioner” and the other party the “Respondent.” Nothing in this section shall preclude both parties from acting as “Copetitioners.”
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(2) The petitioner shall state the following in the petition: (a) The names and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born; (b) The names a…
ORS 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]
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[Repealed or reserved.]
ORS 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 a child of both of the parties have been assigned to the state, a true copy of the petition shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed. [1979 c.90 §6; 2001 c.334 §3]
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[Repealed or reserved.]
ORS 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 copy of ORS 107.089. The petitioner may serve a copy of ORS 107.089 upon the respondent and shall provide proof of service to the court in accordance with ORCP 9
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(2) Regardless of whether the petitioner serves the respondent with a copy of ORS 107.089, the respondent may serve the petitioner with a copy of ORS 107.089 at any time and provide proof of service in accordance with ORCP 9. [1995 c.800 §4; 1997 c.707 §32]
ORS 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 shall provide to the other party copies of the following documents in their possession or control
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(a) All federal and state income tax returns filed by either party for the last three calendar years. (b) If income tax returns for the last calendar year have not been filed, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records …
ORS 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]
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[Repealed or reserved.]
ORS 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 is filed, a notice of ORS 743B.343, 743B.344, 743B.345 and 743B.347 entitling a spouse to continue health insurance coverage
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(2) The notice shall be prepared by the Director of the Department of Consumer and Business Services and also shall include a summary of the provisions of ORS 743B.343. (3) A clerk of the court is not liable for damages arising from information contained in or omitted from a noti…
ORS 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 ORCP 7, a restraining order is in effect against the petitioner and the respondent until a final judgment is issued, until the petition for marital annulment, separation or dissolution is dismissed, or until further order of the court
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(2) The restraining order issued under this section shall restrain the petitioner and respondent from: (a) Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that …
ORS 107.094 Forms for restraining order and request for hearing. (1) Forms shall be established by court rule for
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(a) The restraining order issued under ORS 107.093; and (b) The request for hearing under ORS 107.093. (2) The forms established under subsection (1) of this section must include the terms of the restraining order described in ORS 107.093. [2003 c.414 §3]
ORS 107.095 Provisions court may make after commencement of suit and before judgment; entry of judgment upon affidavit or declaration under penalty of perjury establishing prima facie case. (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
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(a) That a party pay to the other party such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to the other party as may be necessary to support and maintain the other …
ORS 107.097 Ex parte temporary custody or parenting time orders; temporary prejudgment status quo order; 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 or 109.119 providing for the custody of, or parenting time with, a child
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(2)(a) A party may apply to a court for a temporary prejudgment status quo order by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application und…
ORS 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]
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[Repealed or reserved.]
ORS 107.101 Policy regarding parenting. It is the policy of this state to
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(1) Assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child; (2) Encourage such parents to share in the rights and responsibilities of raising their children after the parents have separated or dis…
ORS 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 107.735, there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed
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(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount o…
ORS 107.103 Alternative dispute resolution conference procedure. (1) The presiding judge of each judicial district may establish an alternative dispute resolution conference procedure for custody and parenting time modification and enforcement before a court hearing. The conference procedure must, at a minimum
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(a) Require that the parties be notified in advance that the conference will be conducted in an informal manner and will not use the rules of evidence; (b) Provide each party with a full opportunity to present the party’s position; (c) Accommodate safety concerns in conference pr…
ORS 107.104 Policy regarding settlement; enforcement of settlement terms; remedies. (1) It is the policy of this state
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(a) To encourage the settlement of suits for marital annulment, dissolution or separation; and (b) For courts to enforce the terms of settlements described in subsection (2) of this section to the fullest extent possible, except when to do so would violate the law or would clearl…
ORS 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
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(a) For the future care and custody, by one party or jointly, of all minor children of the parties born, adopted or conceived during the marriage and for minor children born to the parties prior to the marriage, as the court may deem just and proper under ORS 107.137. The court m…
ORS 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 110 or ORS 419B.400 shall include
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(a) Provisions addressing the issues of: (A) Payment of uninsured medical expenses of the child; (B) Maintenance of insurance or other security for support; and (C) Medical support for the child under ORS 25.321 to 25.343. (b) A statement in substantially the following form: ____…
ORS 107.107 [1981 c.775 §4; repealed by 1983 c.728 §9]
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[Repealed or reserved.]
ORS 107.108 Support or maintenance for child attending school; rules. (1) As used in this section
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(a) “Child attending school” means a child of the parties who: (A) Is unmarried; (B) Is 18 years of age or older and under 21 years of age; (C) Is making satisfactory academic progress as defined by the school that the child attends; and (D) Has a course load that is no less than…
ORS 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]
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[Repealed or reserved.]
ORS 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, unless the order creating the obligation of support specifically provides otherwise, shall be equally responsible financially for funeral expenses resulting from the death of the person before reaching the age of 18 years. [1983 c.728 §8]
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[Repealed or reserved.]
ORS 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 another person. The judgment gives the court jurisdiction to award, to be effective immediately, the relief provided by ORS 107.105. The judgment shall
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(a) Revoke a will pursuant to ORS 112.315. (b) Revoke a transfer on death deed pursuant to ORS 93.981. (c) Terminate the authority of an agent under a power of attorney pursuant to ORS 127.015, a health care representative pursuant to ORS 127.545 (5)(c)(B) or an attorney-in-fact …
ORS 107.118 Definitions for ORS 107.118 to 107.131. As used in ORS 107.118 to 107.131
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(1) “Designation of beneficiary” means the naming of a person in a governing instrument for the purpose of a transfer of moneys or other benefits upon the death of the principal. (2) “Governing instrument” means a policy of life insurance executed by a principal before a suit for…
ORS 107.120 [Repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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 relative of the spouse if the designation of beneficiary is revocable as described in subsection (2) of this section
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(2) A designation of beneficiary is revocable for the purposes of this section if the principal at the time of the judgment may, by law or under the terms of the instrument, cancel or change the designation of beneficiary. (3) A designation of beneficiary is revocable for the pur…
ORS 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 of the spouse had predeceased the principal. [2005 c.285 §4]
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Note: See note under 107.118.
ORS 107.125 [1965 c.386 §3; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 107.126 [1971 c.280 §15; 1993 c.716 §4; 1993 c.763 §7; 1997 c.801 §148; repealed by 2003 c.576 §580]
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[Repealed or reserved.]
ORS 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 action in good-faith reliance on the governing instrument, unless the person has received written notice of the revocation of designation of beneficiary under ORS 107.121
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(2) Written notice of the revocation under this section shall be mailed to the home or office of the person by regular United States mail or be given by a means designed to provide the person with notice of the revocation. (3) Upon receipt of written notice of the revocation unde…
ORS 107.130 [Amended by 1961 c.429 §1; repealed by 1971 c.280 §28]
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[Repealed or reserved.]
ORS 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 contingent or expectant interests, including right of survivorship, that are necessary to effectuate a division of assets between the principal and the spouse in the marital dissolution, separation or annulment. [2005 c.285 §6]
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Note: See note under 107.118.