Chapter 107 — Chapter 107

ORS 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 to enforce an order or judgment entered in a marital annulment, dissolution or separation proceeding, the court may render an order or judgment awarding to a party, or directly to the party’s attorney, a sum of money determined to be reasonable as an attorney fee at trial and on appeal therein. When a district attorney initiates or prosecutes a proceeding pursuant to ORS 33.015 to 33.155 for enforcement of a restraining order issued under ORS 107.716, 107.718, 124.015 or 124.020 or for enforcement of a support order, the court may enter an order or judgment for a reasonable attorney fee to be paid by the respondent to the county in which the district attorney holds office. An order or judgment so entered is enforceable by the party or attorney in whose favor the order or judgment is given against property of the other party or against any property held jointly or in common between the parties. [1971 c.280 §18; 1981 c.775 §6; 1981 c.781 §2; 1981 c.897 §32; 1983 c.728 §4; 1987 c.331 §2; 1991 c.724 §21; 1995 c.666 §16; 1997 c.18 §1; 2003 c.576 §124; 2025 c.256 §5]

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ORS 107.449 Transfer of proceeding under ORS 107.135 to additional 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), based upon convenience of the parties, the court that entered the original judgment may enter an order designating an additional court located where either party resides for the purpose of hearing the matter

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ORS 107.450 [1963 c.434 §13; 1965 c.386 §2; repealed by 1971 c.280 §28]

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ORS 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 moving party alleges that significant assets belonging to either or both of the parties

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ORS 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 a judgment of dissolution of marriage. The entry of a judgment of separation under ORS 107.475 shall not be a bar to a suit for dissolution by either party. A decree or judgment of dissolution of marriage granted by a court of this or any other state upon constructive service of summons does not affect an award of support or maintenance in a judgment of separation made pursuant to ORS 107.095 or 107.105. [Formerly 107.310; 2003 c.576 §126]

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ORS 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 dissolution and after service of notice to the other party at least 30 days before the scheduled hearing, the court may, within two years after the entry of a judgment of separation, convert a judgment of separation into a judgment of dissolution of the marriage. The other party may file a written consent to conversion and waiver of the hearing at any time before the hearing. A supplemental judgment of dissolution entered under this section does not set aside, alter or modify any part of the judgment of separation that has created or granted rights that have vested

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ORS 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 further effect. However, no rights created or granted in the judgment which have vested shall be affected by its termination. Upon motion of a party and service upon the other party of notice in the manner provided by law for service of summons, the court may renew or extend the duration. When the judgment is for unlimited separation, a party may by motion alleging that the cause for separation no longer exists and after due service of notice upon the other party in the manner provided by law for service of summons, apply for an order modifying or vacating the judgment, subject to the provisions of ORS 107.135. [1973 c.502 §14; 2003 c.576 §128]

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ORS 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 the time the proceeding is commenced

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ORS 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 the State Court Administrator under ORS 107.500. The petition shall be signed by the petitioner and shall state that as of the date of the filing of the petition each and every condition set forth in ORS 107.485 has been met. The court, upon its own motion, may require a showing by appearance or affidavit of the petitioner

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ORS 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 deferral of fees and court costs under ORS 21.680 to 21.698, and an instructional brochure describing the procedures set forth in ORS 107.485 and 107.490

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ORS 107.510 Definitions for ORS 107.510 to 107.610. As used in ORS 107.510 to 107.610

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ORS 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 social conditions of the county or district make it desirable to establish conciliation services for the full and proper consideration of domestic relations suits filed in such county or district may exercise conciliation jurisdiction and obtain, use and provide conciliation services under ORS 107.510 to 107.610. After conciliation jurisdiction has been established the circuit court or courts of such county or district may at any time determine that the need for such service does not warrant its continuance and terminate the same. [1963 c.434 §2; 1965 c.625 §1; 1971 c.280 §25; 1999 c.59 §22]

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ORS 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 governing body of each county involved, by

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ORS 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 conciliation jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy. If, within 45 days after the court commences to exercise conciliation jurisdiction, a reconciliation or a settlement of the controversy has not been effected, the domestic relations suit shall proceed as if the court had not exercised conciliation jurisdiction. [1963 c.434 §4; 1971 c.280 §26]

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ORS 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 exercise conciliation jurisdiction with respect to a controversy existing between the spouses, the court shall exercise conciliation jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy

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ORS 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. Except as provided in subsection (2) of this section, when a petition for conciliation jurisdiction is filed no trial or hearing on the merits of a domestic relations suit between the parties shall be had until after the expiration of 45 days from the filing of the petition; provided, however, that during this period the court may use its full equity powers to protect and preserve the rights of the spouses

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ORS 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 by the court. The court shall cause notice to be given to the spouses of the undertaking to exercise conciliation jurisdiction and the authority therefor, whether under ORS 107.540 or 107.550, and of the time and place of any hearing, conference or other proceeding scheduled pursuant to the exercise of conciliation jurisdiction. The court may require the attendance of the spouses and of witnesses as in other civil cases. [1963 c.434 §7]

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ORS 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 referred to the services under ORS 107.570, the court, by rule, may restrict the services provided, but shall give priority to controversies in which the spouses have children under 15 years of age whose welfare is involved in the outcome of the controversy. [1963 c.434 §8]

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ORS 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 respect to the conduct of the spouses and with respect to the subject of the controversy as it considers necessary to preserve the marriage or to implement the reconciliation of the spouses; but an order shall not be effective for more than 60 days unless the spouses consent to a continuance of the order

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ORS 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 in private, and all persons other than officers of the court, conciliation services personnel, the spouses, their counsel and witnesses shall be excluded

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ORS 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 a bachelor’s degree and one year’s graduate training, both in the behavioral sciences plus two years’ paid casework or clinical experience; or a bachelor’s degree in the behavioral sciences plus four years’ paid casework or clinical experience. [1963 c.434 §12; 1971 c.280 §27; 1999 c.59 §23]

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ORS 107.615 Fees to support services; contracts for service; eligibility rules. (1) The governing body of any county may impose a fee up to $35 above that prescribed in ORS 205.320 (1)(e) for issuing a marriage license or registering a Declaration of Domestic Partnership

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ORS 107.620 Conciliation and mediation services accounts reports. (1) At least quarterly, each county treasurer shall provide to the presiding judge of the judicial district in which the county is located a financial report showing the balance and all expenditures from the county’s accounts for conciliation services under ORS 107.510 to 107.610 and mediation services under ORS 107.755 to 107.795. The county treasurer may charge against the conciliation and mediation accounts the actual costs associated with providing financial reports under this subsection

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ORS 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]

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ORS 107.705 Definitions for ORS 107.700 to 107.735. As used in ORS 107.700 to 107.735

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ORS 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]

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ORS 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 to 107.735, if the person is in imminent danger of further abuse from the abuser. The person may seek relief by filing a petition with the circuit court alleging that the person is in imminent danger of abuse from the respondent, that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and particularly describing the nature of the abuse and the dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. The circuit court shall have jurisdiction over all proceedings under ORS 107.700 to 107.735

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ORS 107.715 [1977 c.845 §7; repealed by 1981 c.780 §5 (107.716 enacted in lieu of 107.715)]

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ORS 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, if the respondent contests the order granting temporary child custody to the petitioner, the court shall hold the hearing within five days after the request

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ORS 107.717 Appearance by telephone or two-way electronic communication device. (1) A party may file a motion under ORS 45.400 requesting that the court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 107.700 to 107.735

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ORS 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 the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition, that there is an imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child, the court shall, if requested by the petitioner, order

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ORS 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 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace officer’s duty to arrest under ORS 133.055 and 133.310

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ORS 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, that includes a security amount and an expiration date pursuant to ORS 107.095, 107.716 or 107.718 and this section, is issued and the person to be restrained has actual notice of the order, the clerk of the court or any other person serving the petition and order shall immediately deliver to a county sheriff a true copy of proof of service, on which it is stated that personal service of the petition and order was served on the respondent, and copies of the petition and order. Proof of service may be made by affidavit or by declaration under penalty of perjury. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for service of the order and proof of service is waived. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. If the petition and order were served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System and databases of the National Crime Information Center upon receipt of a true copy of proof of service. The sheriff shall provide the petitioner with a true copy of any required proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county or tribal land in this state

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ORS 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 than 60 miles from the other parent without giving notice to the other parent of the change of residence. However, the petitioner shall give to the clerk of the court information sufficient to allow notification under ORS 107.718 (10). [1999 c.762 §4; 2005 c.536 §8]

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ORS 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 or 109.155 supersede contrary provisions of a preexisting order issued under ORS 107.700 to 107.735, except that an order issued under ORS 107.095 (1)(b) supersedes a preexisting order issued under ORS 107.700 to 107.735 only if the party requesting temporary relief consolidates the subsequently filed matter with the preexisting matter filed under ORS 107.700 to 107.735 and provides the nonmoving party with notice and an opportunity for a hearing

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ORS 107.723 Service of restraining order; transmission by electronic communication device. (1) A sheriff may serve a restraining order issued under ORS 107.700 to 107.735 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected

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ORS 107.725 Renewal of order. (1) The court may renew for a period of two years an order entered under ORS 107.716 or 107.718 or renewed under this section upon a finding that

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ORS 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

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ORS 107.728 Where to file petition; contempt proceedings. (1) A petition under ORS 107.710 may be filed in a county in which

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ORS 107.730 Modification of order entered under ORS 107.700 to 107.735; service; 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 (10)(a)

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ORS 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 requested by the party awarded custody, contain a provision ordering a peace officer to assist in recovering the custody of the child and authorizing the use of any reasonable force necessary to that end, including directing forcible entry into specified premises

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ORS 107.735 Duties of State Court Administrator. The State Court Administrator shall

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ORS 107.755 Court-ordered mediation; rules. (1) Each judicial district shall

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ORS 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 application for the setting aside, alteration or modification of an order or judgment, that custody, parenting time or visitation of a child is contested, the court may, when appropriate, refer the matter for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing. The purpose of the mediation is to assist the parties in reaching a workable settlement of the contested issues instead of litigating those issues before the court. Unless the court provides for the mediation of financial issues under ORS 107.755 (4), the mediator shall not consider issues of property division or spousal or child support, in connection with the mediation of a dispute concerning child custody, parenting time or visitation, or otherwise, without the written approval of both parties or their counsel

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ORS 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

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ORS 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 counsel and children of the parties shall be excluded

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ORS 107.795 Availability of other remedies. Nothing in ORS 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 124.005 to 124.040 before or during mediation. [1983 c.671 §8; 1995 c.666 §22; 2011 c.595 §109]

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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 of marriage or as the result of a legal separation to obtain or to cooperate in the obtaining of life insurance adequate to provide for the continued support of those persons in the event of the obligor’s death. [1981 c.775 §9]

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ORS 107.820 Support order as insurable interest; order to obtain, renew or continue insurance; right of beneficiary to purchase insurance or pay premiums; attorney fees and costs; modification of judgment. 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 in the party awarded the right to receive the support. In any case of marital annulment, dissolution or separation, or for support of a child under ORS chapter 25, 107, 108, 109 or 110 or ORS 419B.400, the issue of life insurance shall be determined as follows

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ORS 107.825 Court-ordered beneficiary action against third-party beneficiary after death of obligor. (1) If an obligor is subject to a judgment that requires the obligor to maintain an existing, or obtain a new, insurance policy on the obligor’s life under ORS 107.820 and owns an insurance policy at the time of the obligor’s death but has named a third party who is not the court-ordered beneficiary designated in the judgment, the court may grant equitable relief in a proceeding brought by the court-ordered beneficiary against the third-party beneficiary as follows

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