Oregon Revised Statutes
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. When either spouse claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020…
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Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered: When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or When the consent of either party was obtained by force or fraud. …
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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. A judgment for separation may be rendered when: Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the m…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation. The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessa…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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.
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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 separation. Affirmative defenses are abolished.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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. When the marriage was not solemnized in this state or when any ground other than set forth i…
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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 this section shall preclude both parties from acting as “Copetitioners.” The petitio…
A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides.
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 delivery on the Administrator of the Division of Child Support of the Department of Jus…
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 with ORCP 9. Regardless of whether the petitioner serves the respondent with a copy…
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: All federal and state income tax returns filed by either party for the last three calendar years. If income tax returns for the last…
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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. The notice shall be prepared by the Director of the Department of Consumer and Business Services and also sh…
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 the petition for marital annulment, separation or dissolution is dismissed, or until f…
Forms shall be established by court rule for: The restraining order issued under ORS 107.093; and The request for hearing under ORS 107.093. The forms established under subsection (1) of this section must include the terms of the restraining order described in ORS 107.093.
After the commencement of a suit for marital annulment, dissolution or separation and until a general judgment therein, the court may provide as follows: That a party pay to the other party such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to…
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. A party may apply to a court for a temporary prejudgment status quo order by filing with the court an affidavit or a declaration under penalty of…
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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 interests of the child; Encourage such parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage; Encourage parents to develo…
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 either general or detailed. A general parenting plan may include a general outline of …
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: Require that the parties be notified in advance that the conference will be conducted in an informal manner and wil…
It is the policy of this state: To encourage the settlement of suits for marital annulment, dissolution or separation; and 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 would violate the law or would clearly contravene public policy. In a suit for marital ann…
Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment: 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 for minor children born to the parties prior to the marriage, as the court may deem jus…
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: Provisions addressing the issues of: Payment of uninsured medical expenses of the child; Maintenance of insurance or other security for support; and Medical support for the child under …
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Child attending school” means a child of the parties who: Is unmarried; Is 18 years of age or older and under 21 years of age; Is making satisfactory academic progress as defined by the school that the child attends; and Has a course load that is no less than one-half of the load that is determined by the school to constitute f…
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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 funeral expenses resulting from the death of the person before reaching the age of 18 …
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 judgment shall: Revoke a will pursuant to ORS 112.315. Revoke a transfer on death …
As used in ORS 107.118 to 107.131: “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. “Governing instrument” means a policy of life insurance executed by a principal before a suit for marital dissolution, separation or annulment or a …
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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. A designation of beneficiary is revocable for the purposes of this section if the principal at the time …
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. Note: See note under 107.118.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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 beneficiary under ORS 107.121. Written notice of the revocation under this section s…
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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 of assets between the principal and the spouse in the marital dissolution, separa…
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 duty of the injured party to provide spousal support or any insurance benefit, includ…
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 when required under subsection (9) of this section: Set aside, alter or modify any p…
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: The basis for the termination has ceased to exist; and The reinstatement is just and equitable under all the circumstances. For the purposes of this…
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, the court shall consider the following relevant factors: The emotional ties between …
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: Notifying the other party; and Giving the other party an opportunity to contest issuance of the order. The motion for a temporary status quo order must be supported by an affidavit or a decl…
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 parent of the child is present in court and presents an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, alleging that the child is in immediate danger; The parent has made a go…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Legislative Assembly finds and declares that: 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 the best interests of the child of such a deployed parent; and Courts should, to the ext…
Upon motion filed by a deployed parent or a parent whose deployment is imminent, the court shall hold an expedited hearing in: Any proceeding in a suit for marital annulment, dissolution or separation where a deployed parent or a parent whose deployment is imminent is a party; Any proceeding under ORS 107.103, 107.135, 107.138 and 107.139 where a deployed …
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 parents have separated or dissolved their marriage.
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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: To inspect and receive school records and to consult with school staff concerning the child’s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such…
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 residence more than 60 miles further distant from the other parent without giving the oth…
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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 emergency circumstances or substantial changes in the health of the child.
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 for joint custody may specify one home as the primary residence of the child and desi…
No operative statutory text appears at this designation in the selected edition.
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 such modification together with a form of order. The stipulation must be declared unde…
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 of the parties under ORS 107.105, the court, if the other party objects to the reque…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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 dissolution to annulment or separation, or from separation to annulment or diss…
When a court is sitting in proceedings for annulment or dissolution of a marriage, or for separation, it shall have full equity powers.
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. It is the policy of this state that a former spouse for whom a court has awarded spousal support must be supported by the other former spouse …
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 period of time to become financially self-supporting and independent of the support p…
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 party, a party shall provide copies of the following documents to the requesting party…
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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. Except as provided in subsections (3) and (4) of this section, if the court finds th…
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 such money when the minor child receives income from the gainful employment of the chil…
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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 purpose of protecting the children’s future interest. The court may defer the entry of a…
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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 of the order or judgment requiring payment of money for the support of the minor chil…
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 easy to understand and initiate. Unless the parties otherwise agree or an alternative …
No operative statutory text appears at this designation in the selected edition.
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: 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 state; or In which a valid and current foreign custody order has been filed with a pe…
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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 party’s attorney, a sum of money determined to be reasonable as an attorney fee…
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. Upon entry of an or…
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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: Existed at the time of the entry of the judgment; and Were not discovered until after the entry of the judgment. If the court f…
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…
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 disso…
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 l…
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: The jurisdictional requirements of ORS 107.025 and 107.075 are met. There are no minor children born to the parties or adopted by the parties during the marriage; The…
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…
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. Each circuit court shall make available the appropriate f…
As used in ORS 107.510 to 107.610: “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 settlement of the controversy is effected, result in the dissolution or annulment of the …
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 con…
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: Employing or contracting for counselors and other personnel; or Contracting or entering into agreements with public or private agencies to provide conc…
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 commenc…
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 t…
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 exp…
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 107.55…
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 wel…
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 …
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. All communications, verbal or written,…
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 behavio…
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. The governing body may periodically increase the fee in subsection (1) of this section to account for changes in the Consumer Price Index for All Urban Consumers, West Re…
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 charg…
ORS 107.700 to 107.735 shall be known and may be cited as the “Family Abuse Prevention Act.”
As used in ORS 107.700 to 107.735: “Abuse” means the occurrence of one or more of the following acts between family or household members: Attempting to cause or intentionally, knowingly or recklessly causing bodily injury. Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury. Causing another to engage in involuntary se…
The Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834, applies to proceedings under ORS 107.700 to 107.735. 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 therein. See Preface to Oregon Revised Statutes for further explanation.
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 responde…
No operative statutory text appears at this designation in the selected edition.
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. If the court determines under ORS 107.718 (2) that excepti…
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. In determining whether notice is given sufficiently in advance of the proceeding under ORS 45.400 (2), the court shall consider the …
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 immin…
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. The party removing essential per…
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 s…
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 OR…
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 10…
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. A sheriff may serve and enter into the Law Enforcement Data System a copy of a restraining order under ORS 107.700 to 107.735 that was transmitted to the…
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 person in the petitioner’s situation would reasonably fear further acts of abuse by the respondent if the order is not renewed; or A person in the situation of a child who was in the petitioner’s custody during th…
A person who is under 18 years of age may petition the circuit court for relief under ORS 107.710 if: The person is: The spouse of the respondent; The former spouse of the respondent; or A person who has been in a sexually intimate relationship with the respondent; and The respondent is 18 years of age or older.
A petition under ORS 107.710 may be filed in a county in which: The petitioner resides; The respondent resides; or The abuse occurred. Any contempt proceedings for violation of a restraining order issued under ORS 107.700 to 107.735 must be conducted by the court that issued the order, or by the circuit court for a county in which a violation of the rest…
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 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 shown. A petitioner may request that the court modify by removing or making less restricti…
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 forcibl…
The State Court Administrator shall: Track the number of hearings that are scheduled or requested each year under ORS 107.716 (2) or 107.718 (2). In accordance with ORS 3.438 (4)(a)(B), develop training information and materials concerning the issues and hearings under ORS 107.716 (2) or 107.718 (2) related to temporary custody of children. The training in…
Each judicial district shall: 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 structured in any way the circuit court determines best meets the needs of the parties.…
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…
A circuit court may obtain mediation services, with the prior approval of the governing body of each county involved, by: Using personnel performing conciliation services for the court under ORS 107.510 to 107.610; Contracting or entering into agreements with public or private agencies to provide mediation services to the court; or Employing or contractin…
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. All communications, verbal or written, made in mediation proceedings shall be confidential. A party or any other individual engaged in mediation pr…
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. 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 continued support of those persons in the event of the obligor’s death.
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 iss…
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 relie…
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 obtained by a spouse or former spouse with an insurable interest, the person obt…
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 subsequent contempt proceeding in order to maintain the confidentiality of the party’s…
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.
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. The procedure established under this section must: Require that Social Security numbers be listed on …
A judgment entered under this chapter may be altered or modified only by the entry of a supplemental judgment under ORS chapter 18. _______________