Title 11, Domestic Relations

(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 …

(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 meri…

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 conciliat…

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 …

(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 pr…

(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, th…

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 ye…

(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. (2) The governing body may periodically increase the fee in subsection (1) of this sect…

(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…

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]

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: (a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury. (b) Intentionally, knowingly or recklessly placin…

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 was added to and made a part of 107.700 to 107.735 by legislative action but was not added to any smaller series …

(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 cir…

(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…

(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. (2) In determining whether notice is given suffic…

(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 res…

(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 offic…

(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…

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…

(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 un…

(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. (2) A sheriff may serve and enter into the Law Enforcement Data System…

(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: (a) A person in the petitioner’s situation would reasonably fear further acts of abuse by the respondent if the order is not renewed;…

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) The spouse of the respondent; (b) The former spouse of the respondent; or (c) A person who has been in a sexually intimate relationship with the respondent…

(1) A petition under ORS 107.710 may be filed in a county in which: (a) The petitioner resides; (b) The respondent resides; or (c) The abuse occurred. (2) Any contempt proceedings for violation of a restraining order issued under ORS 107.700 to 107.735 must be conducted by the co…

(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): (a) A party may request that the court modify terms in the order that were entered under ORS 107.718 (1)(a), (b), (g) or (i) for good cause show…

(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 authorizin…

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). (2) In accordance with ORS 3.438 (4)(a)(B), develop training information and materials concerning the issues and hearings under OR…

(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 in dispute, and in any other domestic relations case in which mediation has been ordered. The orientation session may be …

(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…

(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 conciliation services for the court under ORS 107.510 to 107.610; (b) Contracting or entering into agreements with public o…

(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. (2) All communications, verbal or written, made in mediation pro…

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] LIFE INSURANCE ON OBLIGOR

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 …

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 suppor…

(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…

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 any premiums on such policy, except in cases in which the life insurance policy has been obtained under ORS 107.820 (3). If life insurance is …

(1) When a court enters a judgment, order or modification of a judgment or order under ORS 163.760 to 163.777 or ORS chapter 25, 107, 108, 109 or 110, the court shall allow any party to the judgment or order to include in the judgment or order a waiver of personal service in a su…

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 any person who has appeared or intervened in the proceeding. [1997 c.90 §2; 2005 c.22 §83]

(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 to a proceeding under ORS 107.085 or 107.485 are kept confidential and exempt from public inspection. (2) The procedure e…

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 §101] _______________

(1) All laws that impose or recognize civil disabilities upon a spouse in a marriage that are not imposed upon or recognized as existing with respect to the other spouse are hereby repealed. (2) All civil rights belonging to a spouse in a marriage not conferred upon the other spo…

(1) Each married person may establish and maintain a domicile in the State of Oregon as if that person were not married. (2) The domicile of a minor shall follow the domicile of the parents of the minor unless the parents establish separate domiciles. If the parents establish sep…

Neither spouse in a marriage is liable for the debts or liabilities of the other spouse incurred before marriage. Except as provided in ORS 108.040, a spouse in a marriage is not liable for the separate debts of the other spouse, and the rent or income of property owned by either…

For all civil injuries committed by a spouse in a marriage, damages may be recovered from that spouse only, and the other spouse is not responsible for such civil injuries, except where the spouses would be jointly responsible with each other if the marriage did not exist. [Amend…

(1)(a) The expenses of the family and the education of the minor children are chargeable upon the property of both spouses in a marriage who are parents of the minor children, or either of them, and in relation thereto they may be sued jointly or separately. (b) As used in this s…

(1) The expenses of the family and the education of the minor children, including stepchildren, are chargeable upon the property of both spouses in a marriage who are parents or stepparents of the minor children, or either of them. However, with regard to stepchildren, the obliga…

The property and pecuniary rights of every spouse in a marriage acquired at the time of the marriage or afterwards, including real or personal property acquired by the spouse’s own labor during the marriage, shall not be subject to the debts or contracts of the other spouse. [Ame…

When property is owned by either spouse in a marriage, the other spouse has no interest in that property that can be the subject of contract between the spouses, or that can make the spouses liable for the contracts or liabilities of the other spouse who is not the owner of the p…

Should either spouse in a marriage obtain possession or control of property belonging to the other spouse either before or after marriage, the owner of the property may maintain an action for possession and control of the property, or for any right growing out of the ownership of…

(1) A conveyance, transfer or lien executed by either spouse in a marriage to or in favor of the other spouse is valid to the same extent as between other persons. (2) When a spouse conveys to the other spouse an undivided one-half of any real property and retains a like undivide…