Title 11, Domestic Relations

(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. (2) When either spouse claim…

(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 either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficie…

(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. (2) A judgment for separation may be rendered when: (a) Irreconcilab…

(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. (2) The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relev…

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]

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 separat…

(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. (2) When …

(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 t…

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]

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 deliver…

(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 …

(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: (a) All federal and state income tax returns filed…

(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. (2) The notice shall be p…

(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 th…

(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 107.093. (2) The forms established under subsection (1) of this section must include the terms of the restraining order described in ORS…

(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: (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…

(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. (2)(a) A party may apply to a court for a temporary prejudgmen…

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 act in the best interests of the child; (2) Encourage such parents to share in the rights and responsibilities of raising their children afte…

(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 eit…

(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: (a) Require that the parties be …

(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 to enforce the terms of settlements described in subsection (2) of this section to the fullest extent possible, except when to do so w…

(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 and custody, by one party or jointly, of all minor children of the parties born, adopted or conceived during the marriage and …

(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: (a) Provisions addressing the issues of: (A) Payment of uninsured medical expenses of the child; (B) Main…

(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 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 cou…

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 funera…

(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 …

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 a transfer of moneys or other benefits upon the death of the principal. (2) “Governing instrument” means a policy of life insurance execut…

(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. (2) A designation of …

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] Note: See note under 107.118.

(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 b…

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 o…

(1) In addition to any other remedy authorized by law, when a party is convicted of the attempted murder or conspiracy to commit the murder of the other party, the court may, upon a petition for dissolution of marriage or the motion of the injured party, modify or terminate any d…

(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 either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support w…

(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 the support award if the moving party alleges and proves that: (a) The basis for the termination has ceased to exist; and (b) The …

(1) Except as provided in subsection (6) of this section, 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 of the child. In determining the best interests and welfare of the child, t…

(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 judgment that awards custody of a child after: (A) Notifying the other party; and (B) Giving the other party an opportunity to contest issuance of the or…

(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 child if: (A) A parent of the child is present in court and presents an affidavit or a declaration under penalty of perjury in the form requi…

(1) The Legislative Assembly finds and declares that: (a) Establishing a fair, efficient and expeditious process to resolve child custody and visitation issues when a parent is deployed with the Armed Forces of the United States, National Guard or other reserve component is in th…

(1) Upon motion filed by a deployed parent or a parent whose deployment is imminent, the court shall hold an expedited hearing in: (a) Any proceeding in a suit for marital annulment, dissolution or separation where a deployed parent or a parent whose deployment is imminent is a p…

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 in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after the par…

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) To inspect and receive school records and to consult with school staff concerning the child’s welfare and education, to the same extent…

(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 an order under ORS 107.700 to 107.735, the court shall include in its order a provision requiring that neither parent may move to a resid…

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 provide addresses and contact telephone numbers to the other parent and to immediately notify the other parent of any …

(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, but not limited to, the child’s residence, education, health care and religious training. An order providing f…

(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 the parenting time with a minor child, if the parents submit to the court a stipulation signed by both of the parents and requesting su…

(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, dissolution or separation, or from an adjudication of parentage, requests the court to grant joint custody of the minor children …

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 provided by law for service of summons, the court may allow an amendment of pleadings to change the relief sought from annulment to dissolution or separation, from…

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 §1]

(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 well as the people of this state, that the spousal support obligations be fulfilled. (2) It is the policy of this state that a former spouse for…

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 judgment of annulment or dissolution of marriage that ordered such payment, and when the former spouse has not made a reasonable effort during that perio…