5 chapters · 447 sections in this title.
ORS 107.104 Policy regarding settlement; enforcement of settlement terms; remedies
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(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…
ORS 107.105 Provisions of judgment
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(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 …
ORS 107.106 Provisions of order or judgment providing for custody, parenting time, visitation or support of child
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(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…
ORS 107.108 Support or maintenance for child attending school; rules
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(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…
ORS 107.111 When parents equally responsible for funeral expenses of child
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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…
ORS 107.115 Effect of judgment; effective date; appeal pending upon death of party
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(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 …
ORS 107.118 Definitions for ORS 107.118 to 107.131
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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…
ORS 107.121 Revocation of designation of beneficiary upon entry of judgment
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(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 …
ORS 107.124 Effect of revocation
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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.
ORS 107.127 Notice of revocation; payments made under governing instrument
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(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…
ORS 107.131 Conveyance or release of contingent or expectant interests
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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…
ORS 107.133 Remedy following conviction for attempted murder or conspiracy to commit murder
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(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…
ORS 107.135 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies
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(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…
ORS 107.136 Reinstatement of terminated spousal support
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(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 …
ORS 107.137 Factors considered in determining custody of child
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(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…
ORS 107.138 Temporary status quo order regarding child custody
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(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…
ORS 107.139 Post-judgment ex parte temporary custody or parenting time order; hearing
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(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…
ORS 107.145 Legislative findings regarding deployed parent; vacation or modification of judgment for deployed parent; temporary order; service; absence of child from state
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(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…
ORS 107.146 Expedited hearing upon motion by deployed parent; provision for alternate testimony when deployed parent cannot personally appear
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(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…
ORS 107.149 Policy regarding parents and their children
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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…
ORS 107.154 Authority of parent when other parent granted sole custody of child
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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 childs welfare and education, to the same extent…
ORS 107.159 Notice of change of residence
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(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…
ORS 107.164 Parents duty to provide information to each other
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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 …
ORS 107.169 Joint custody of child; modification
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(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 childs residence, education, health care and religious training. An order providing f…
ORS 107.174 Modification of order for parenting time; stipulation; exception for nonresident child
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(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…
ORS 107.179 Request for joint custody of children; mediation
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(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 …
ORS 107.400 Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought
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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…
ORS 107.405 Powers of court in dissolution, annulment or separation proceedings
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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]
ORS 107.406 Legislative findings; policy regarding spousal support
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(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…
ORS 107.407 Petition to set aside spousal support provisions of judgment
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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…
ORS 107.408 Duty to provide income tax information
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(1) Except as provided in subsection (5) of this section, if a judgment of marital annulment, dissolution or separation includes an award of spousal support for which any portion of the obligation remains due and owing, upon written request received by one party from the other pa…
ORS 107.412 Procedure applicable to ORS 107.407; matters considered; attorney fees
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(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 summons, the court shall conduct a proceeding to determine whether so much of its judgment as provides for the support of a party shall be set aside. (…
ORS 107.415 Notice of change of status of child; effect of failure to give notice
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(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 the support, nurture or education of a minor child while the other party has custody thereof, the custodial parent shall notify the party contributing suc…
ORS 107.425 Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children
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(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 to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purp…
ORS 107.431 Modification of portion of judgment regarding parenting time or child support; procedure
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(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 or modify so much of the judgment relating to parenting time with a minor child as it deems just and proper or may terminate or modify that part o…
ORS 107.434 Expedited parenting time enforcement procedure; remedies
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(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 mediation or participation in an alternative dispute resolution conference under ORS 107.103. The procedure must be ea…
ORS 107.437 Order of assistance to obtain custody of child held in violation of custody order
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(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 any county: (a) In which a child is located if the person is entitled to the physical custody of the child under a valid and current order issued in this…
ORS 107.445 Attorney fees in certain domestic relations proceedings
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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…
ORS 107.449 Transfer of proceeding under ORS 107.135 to additional court
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(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 wh…
ORS 107.452 Reopening case if assets discovered after entry of judgment
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(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: (a) Existed at the time of the entry of the ju…
ORS 107.455 Effect of separation statutes or judgments on subsequent dissolution proceedings
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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 dissolu…
ORS 107.465 Conversion of judgment of separation into judgment of dissolution
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(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…
ORS 107.475 Court to determine duration of separation; modification or vacation of judgment
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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 o…
ORS 107.485 Conditions for summary dissolution procedure
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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: (1) The jurisdictional requirements of ORS 107.025 and 107.075 are met. (2)(a) There are …
ORS 107.490 Commencement of proceeding; petition content; court authority
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(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 t…
ORS 107.500 Forms
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(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 107.510 Definitions for ORS 107.510 to 107.610
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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 circuit court in any controversy existing between spouses which may, unless a reconciliation or a settle…
ORS 107.520 Establishment of conciliation jurisdiction
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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 considerati…
ORS 107.530 Source of conciliation services; county to pay expenses
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(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: (a) Employing or contracting for counselors and other personnel; or (…
ORS 107.540 Conciliation jurisdiction by court; effect
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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 ha…