Title 11, Domestic Relations

Marriage is a civil contract entered into in person by males at least 18 years of age and females at least 18 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150. [Amended by 1965 c.422 §1; 1975 c.583 §1; 2025 c.224 §1]

The following marriages are prohibited; and, if solemnized within this state, are absolutely void: (1) When either party thereto had a spouse living at the time of the marriage. (2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whol…

When either party to a marriage is incapable of making such contract or consenting thereto for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, such marriage shall be void from the time it is so declared by judgment…

(1) All persons wishing to enter into a marriage contract shall obtain a marriage license from the county clerk upon application, directed to any person, religious organization or congregation, or secular organization, authorized by ORS 106.120 to solemnize marriages, and authori…

(1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 upon the application for a marriage license. (2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section …

The county clerk may accept any reasonable proof of the age of an applicant for a marriage license satisfactory to the clerk. The clerk may require proof of age by affidavit of some person other than either of the parties seeking the license if the clerk deems it necessary in ord…

(1) When the county clerk has received the written application for the marriage license from both applicants, and all other legal requirements for issuance of the marriage license have been met, the county clerk shall issue a marriage license which shall become effective three da…

When the county clerk issues a marriage license, the county clerk shall also give to the licensees a pamphlet describing the medical condition known as fetal alcohol syndrome, its causes and its effects. The pamphlet shall be provided to the counties by the Oregon Health Authorit…

(1) The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county. The records must include the names of the parties before and after marriage, the consent of the guardian, if any, the name of the affiant, the substance of th…

No county clerk shall issue a license contrary to the provisions of ORS 106.041 to 106.077 or 106.100.

(1) As used in this section: (a) “Judicial officer” means: (A) A judicial officer of this state as that term is defined in ORS 1.210 and includes but is not limited to a judge of a municipal court and a justice of the peace. (B) An active judge of a federal court. (C) An active U…

A marriage solemnized before a person, religious organization or congregation, or secular organization, that represents having the authority to solemnize marriages under ORS 106.120 is not void, nor is the validity of the marriage affected, if it is discovered after the solemniza…

No person shall undertake to join others in marriage knowing that the person is not lawfully authorized so to do. No person authorized to solemnize marriage shall join persons in marriage contrary to any of the provisions of ORS 106.010 to 106.050 or 106.100 to 106.190.

(1) In the solemnization of a marriage no particular form is required except that the parties thereto shall assent or declare in the presence of the person, religious organization or congregation, or secular organization, authorized to solemnize marriages under ORS 106.120, and i…

The county clerk shall give to the parties to the marriage a commemorative marriage certificate in accordance with ORS 106.165 upon issuing the marriage license. [Amended by 1975 c.277 §4; 2007 c.703 §4]

(1) The county clerk shall prescribe a standard form of a commemorative marriage certificate to be issued by the county clerk and kept by the married couple. The certificate must contain the names and addresses of the parties and of at least two witnesses, the date and place of t…

A person solemnizing a marriage shall, within five calendar days of the marriage ceremony, complete the original application, license and record of marriage form and deliver the form to the county clerk who issued the marriage license. The person solemnizing the marriage may keep…

(1) The issue of marriages void under ORS 106.020 are legitimate. (2) All children conceived or born of parents who married or who may hereafter marry prior to the expiration of six months from the date of a judgment of divorce or declaring a marriage void rendered in a suit to w…

(1) Upon entering into marriage, either party may: (a) Retain the party’s middle name, if any, and surname prior to the marriage; (b) Retain the party’s middle name, if any, and change the party’s surname to the surname of the other party; (c) Either retain or remove the party’s …

ORS 106.300 to 106.340 may be cited as the Oregon Family Fairness Act. [2007 c.99 §1] Note: 106.300 to 106.340 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Ore…

The Legislative Assembly finds that: (1) Section 20, Article I of the Oregon Constitution, has always enshrined the principle that all citizens of this state are to be provided with equal privileges and immunities under the laws of the State. In addition, as provided in ORS 659A.…

As used in ORS 106.300 to 106.340 (Oregon Family Fairness Act): (1) “Domestic partnership” means a civil contract described in ORS 106.300 to 106.340 entered into in person between two individuals who are at least 18 years of age, who are otherwise capable and at least one of who…

(1) A domestic partnership is prohibited and void when: (a) Either party to the domestic partnership had a partner or spouse living at the time of the domestic partnership unless the partner or spouse was the other party to the domestic partnership. (b) The parties to the domesti…

(1) The Oregon Health Authority shall prepare forms entitled: (a) “Declaration of Domestic Partnership” meeting the requirements of ORS 106.325; and (b) “Certificate of Registered Domestic Partnership.” (2) The authority shall distribute the forms to each county clerk. The author…

(1) Two individuals wishing to become partners in a domestic partnership may complete and file a Declaration of Domestic Partnership with the county clerk. (2) In accordance with the requirements of this section, the county clerk shall register the Declaration of Domestic Partner…

(1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 for registering a Declaration of Domestic Partnership. (2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of thi…

(1) Upon entering into a domestic partnership, either party to the domestic partnership may: (a) Retain the party’s middle name, if any, and surname prior to the domestic partnership; (b) Retain the party’s middle name, if any, and change the party’s surname to the surname of the…

(1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, i…

It is the policy of this state that: (1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married to an individual of a different sex, is granted on eq…

(1) Violation of ORS 106.041 (6) is a Class C misdemeanor. (2) Violation of ORS 106.110 or 106.140 is a Class A misdemeanor. (3) Refusal or neglect to comply with ORS 106.170 shall result in the forfeiture of a penalty of not less than $10 nor more than $50 to be recovered by act…

(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 …