US Laws, Codes, Statutes & Cases

Chapter 107 — Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention

 

2005 EDITION

 

 

DISSOLUTION, ANNULMENT AND SEPARATION

 

DOMESTIC RELATIONS

 

DISSOLUTION, ANNULMENT AND SEPARATION

 

107.005     Annulment of void marriage; declaration of validity; effect of declaration

 

107.015     Grounds for annulment or dissolution of marriage

 

107.025     Irreconcilable differences as grounds for dissolution or separation

 

107.036     Doctrines of fault and in pari delicto abolished; evidence and consideration of fault

 

107.046     Appearance by public official

 

107.055     Appearance by respondent; affirmative defenses abolished

 

107.065     Waiting period in dissolution suit; waiver

 

107.075     Residence requirements

 

107.085     Petition; title; content; other required information

 

107.086     Where to file petition

 

107.087     When petition to be served on Division of Child Support

 

107.088     Clerk of court to furnish certain information when petition is filed

 

107.089     Documents parties must furnish to each other; effect of failure to furnish

 

107.092     Notice that spouse may continue health insurance coverage; content; liability of clerk

 

107.093     Restraining order; request for hearing

 

107.094     Forms for restraining order and request for hearing

 

107.095     Provisions court may make after commencement of suit and before judgment

 

107.097     Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing; form

 

107.101     Policy regarding parenting

 

107.102     Parenting plans; contents

 

107.104     Policy regarding settlement; enforcement of settlement terms; remedies

 

107.105     Provisions of judgment

 

107.106     Provisions of order or judgment providing for custody, parenting time, visitation or support of child

 

107.108     Support or maintenance for child attending school; rules

 

107.111     When parents equally responsible for funeral expenses of child

 

107.115     Effect of judgment; effective date; appeal pending upon death of party

 

107.118     Definitions for ORS 107.118 to 107.131

 

107.121     Revocation of designation of beneficiary upon entry of judgment

 

107.124     Effect of revocation

 

107.127     Notice of revocation; payments made under governing instrument

 

107.131     Conveyance or release of contingent or expectant interests

 

107.135     Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies

 

107.136     Reinstatement of terminated spousal support

 

107.137     Factors considered in determining custody of child

 

107.138     Temporary status quo order regarding child custody

 

107.139     Post-judgment ex parte temporary custody or parenting time order; hearing

 

107.149     Policy regarding parents and their children

 

107.154     Authority of parent when other parent granted sole custody of child

 

107.159     Notice of change of residence

 

107.164     Parents’ duty to provide information to each other

 

107.169     Joint custody of child; modification

 

107.174     Modification of order for parenting time; stipulation; exception for nonresident child

 

107.179     Request for joint custody of children; mediation

 

107.400     Amendment of pleadings in dissolution, annulment or separation proceeding to change relief sought

 

107.405     Powers of court in dissolution, separation or annulment proceedings

 

107.406     Finding; policy regarding spousal support

 

107.407     Petition to set aside spousal support provisions of judgment

 

107.412     Procedure applicable to ORS 107.407; matters considered; attorney fees

 

107.415     Notice of change of status of child; effect of failure to give notice

 

107.425     Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children

 

107.431     Modification of portion of judgment regarding parenting time or child support; procedure

 

107.434     Expedited parenting time enforcement procedure; fees; remedies available

 

107.437     Order of assistance to obtain custody of child held in violation of custody order

 

107.445     Attorney fees in certain domestic relations proceedings

 

107.449     Transfer of proceeding under ORS 107.135 to auxiliary circuit court

 

107.452     Reopening case if assets discovered after entry of judgment

 

SEPARATION

 

107.455     Effect of separation statutes or judgments on subsequent dissolution proceedings

 

107.465     Conversion of judgment of separation into judgment of dissolution

 

107.475     Court to determine duration of separation; modification or vacation of judgment

 

SUMMARY DISSOLUTION PROCEDURE

 

107.485     Conditions for summary dissolution procedure

 

107.490     Commencement of proceeding; petition content; court authority

 

107.500     Forms

 

CONCILIATION SERVICES

 

107.510     Definitions for ORS 107.510 to 107.610

 

107.520     Establishment of conciliation jurisdiction

 

107.530     Source of conciliation services; county to pay expenses

 

107.540     Conciliation jurisdiction by court; effect

 

107.550     Petition for conciliation jurisdiction; contents; rules

 

107.560     Effect of petition; waiver

 

107.570     Notice; attendance at hearings

 

107.580     Restriction of services; priority when children involved; rules

 

107.590     Court orders; reconciliation agreements

 

107.600     Privacy of hearings; confidentiality of communications; records closed

 

107.610     Qualifications of conciliation counselors

 

107.615     Fees to support service; contracts for service; eligibility rules

 

FAMILY ABUSE PREVENTION ACT

 

107.700     Short title

 

107.705     Definitions for ORS 107.700 to 107.735

 

107.707     Application of Uniform Child Custody Jurisdiction and Enforcement Act

 

107.710     Petition to circuit court for relief; burden of proof

 

107.716     Hearing; order; certificate of compliance; effect on title to real property; no undertaking required

 

107.718     Restraining order; forms; service of order; request for hearing

 

107.719     Removal of personal effects; party accompanied by peace officer

 

107.720     Enforcement of restraining orders; sheriff’s proceedings; security; termination order

 

107.721     Petitioner’s change of residence

 

107.722     Effect of dissolution, separation or annulment judgment or modification order on abuse prevention order; modification of preexisting order or judgment

 

107.723     Service of restraining order

 

107.725     Renewal of order entered under ORS 107.716 or 107.718

 

107.726     Standing to petition for relief of person under 18 years of age

 

107.728     Where to file petition; contempt proceedings

 

107.730     Modification of custody and parenting time provisions of order entered under ORS 107.700 to 107.735

 

107.732     Recovering custody of child

 

107.735     Duties of State Court Administrator

 

MEDIATION PROCEDURES

 

107.755     Court-ordered mediation; rules

 

107.765     When referral to mediation permitted; scope of mediation; report to court of outcome of mediation

 

107.775     Methods of providing mediation services; qualifications; costs

 

107.785     Mediation proceedings closed; information confidential; records closed; exceptions

 

107.795     Availability of other remedies

 

LIFE INSURANCE ON OBLIGOR

 

107.810     Policy

 

107.820     Support order as insurable interest; order to obtain, renew or continue insurance; right of beneficiary to purchase insurance or pay premiums

 

107.830     Physical examination may be ordered; responsibility for premiums

 

MISCELLANEOUS

 

107.835     Waiver of personal service in subsequent contempt proceeding

 

107.837     Attorney fees; effect of authorization to party

 

107.840     Confidentiality of Social Security numbers

 

107.843     Supplemental judgments

 

      Note: Definitions in 25.010 and 25.011 apply to ORS chapter 107.

 

DISSOLUTION, ANNULMENT AND SEPARATION

 

      107.005 Annulment of void marriage; declaration of validity; effect of declaration. (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 it may come into question.

      (2) When either husband or wife claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, it may at the suit of the other be declared valid or that it was void from the beginning or that it is void from the time of the judgment.

      (3) A marriage once declared valid by the judgment of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise. [1971 c.280 §7; 2003 c.576 §102]

 

      107.010 [Repealed by 1971 c.280 §28]

 

      107.015 Grounds for annulment or dissolution of marriage. A judgment for the annulment or dissolution of a marriage may be rendered for the following causes:

      (1) When either party to the marriage was incapable of making such contract or consenting thereto for want of legal age or sufficient understanding;

      (2) When the consent of either party was obtained by force or fraud; provided that in the situations described in subsection (1) or (2) of this section the contract was not afterward ratified. [1971 c.280 §8; 2003 c.576 §103]

 

      107.020 [Repealed by 1971 c.280 §28]

 

      107.025 Irreconcilable differences as grounds for dissolution or separation. (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) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage;

      (b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as husband and wife, and the court finds such agreement to be just and equitable; or

      (c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest. [1971 c.280 §9; 1973 c.502 §1; 2003 c.576 §104]

 

      107.030 [Amended by 1953 c.439 §2; 1965 c.311 §1; repealed by 1971 c.280 §28]

 

      107.035 [1969 c.264 §2; repealed by 1971 c.280 §28]

 

      107.036 Doctrines of fault and in pari delicto abolished; evidence and consideration of fault. (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 relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.

      (3) In dividing, awarding and distributing the real and personal property (or both) of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.

      (4) Where satisfactory proof of grounds for the annulment or dissolution of a marriage or for separation has been made, the court shall render a judgment for the annulment or dissolution of the marriage or for separation. A judgment of separation shall state the duration of the separation. [1971 c.280 §10; 1973 c.502 §2; 2003 c.576 §105]

 

      107.040 [Amended by 1965 c.388 §1; repealed by 1971 c.280 §28]

 

      107.045 [1957 c.444 §1; 1965 c.603 §1; repealed by 1971 c.280 §28]

 

      107.046 Appearance by public official. 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]

 

      107.050 [Amended by 1965 c.603 §2; repealed by 1971 c.280 §28]

 

      107.055 Appearance by respondent; affirmative defenses abolished. 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. [1971 c.280 §11; 1973 c.502 §4]

 

      107.060 [Amended by 1965 c.603 §3; repealed by 1971 c.280 §28]

 

      107.065 Waiting period in dissolution suit; waiver. (1) Except as provided in ORS 107.095 and in subsection (2) of this section, no trial or hearing on the merits in a suit for the dissolution of a marriage shall be had until after the expiration of 90 days from the date of:

      (a) The service of the summons and petition upon the respondent; or

      (b) The first publication of summons.

      (2)(a) Upon written motion, the court may in its discretion grant a judgment dissolving the marriage prior to the expiration of the waiting period. The written motion must be supported by an affidavit setting forth grounds of emergency or necessity and facts that satisfy the court that immediate action is warranted to protect the rights or interest of any party or person who might be affected by a judgment in the proceedings.

      (b) An affidavit stating that a stipulated judgment has been signed by the parties is adequate grounds of necessity for immediate action under this subsection.

      (c) If the court grants a judgment before the expiration of the waiting period, the court shall find and recite in the judgment the grounds of emergency or necessity and the facts with respect thereto. [1971 c.280 §6; 1979 c.284 §99; 1999 c.569 §1; 2003 c.576 §243]

 

      107.070 [Repealed by 1971 c.280 §28]

 

      107.075 Residence requirements. (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 the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.

      (3) In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced.

      (4) Residence or domicile under subsection (2) or (3) of this section is sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or where the cause of suit arose. [1971 c.280 §5; 1973 c.502 §5]

 

      107.080 [Repealed by 1971 c.280 §28]

 

      107.085 Petition; title; content; other required information. (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 this section shall preclude both parties from acting as “Copetitioners.”

      (2) The petitioner shall state the following in the petition:

      (a) The names and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born;

      (b) The names and dates of birth of all children born to the parties prior to the marriage;

      (c) To the extent known:

      (A) Whether there is pending in this state or any other jurisdiction a domestic relations suit, as defined in ORS 107.510;

      (B) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving dependents of the same marriage, including one brought under this section or ORS 108.110, 109.100, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and

      (C) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving dependents of the same marriage; and

      (d) That the petitioner acknowledges that by filing the petition the petitioner is bound by the terms of the restraining order issued under ORS 107.093.

      (3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2)(c)(B) and (C) of this section.

      (4) At or prior to the hearing of a suit for marital annulment, dissolution or separation, the moving party or the party attending the hearing shall file with the court a written statement setting forth the full names and any former names of the parties, the residence, mailing or contact addresses of the parties, the ages of both parties, the date and place of the marriage of the parties, and the names and ages of the children born to or adopted by the parties. This information shall be incorporated in and made a part of the judgment.

      (5) If real property is involved, the petitioner may have a notice of pendency of the action recorded at the time the petition is filed, as provided in ORS 93.740.

      (6) The Social Security numbers of the parties and of the children born or adopted during the marriage and children born to the parties prior to the marriage shall be provided as established in ORS 107.840. [1971 c.280 §2; 1973 c.502 §6; 1979 c.144 §1; 1979 c.421 §14; 1983 c.728 §1; 1987 c.586 §25; 1993 c.448 §4; 2003 c.116 §3; 2003 c.380 §3; 2003 c.414 §4; 2003 c.576 §106]

 

      107.086 Where to file petition. 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]

 

      107.087 When petition to be served on Division of Child Support. 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 Justice or on the branch office providing support services to the county in which the suit is filed. [1979 c.90 §6; 2001 c.334 §3]

 

      107.088 Clerk of court to furnish certain information when petition is filed. (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 with ORCP 9.

      (2) Regardless of whether the petitioner serves the respondent with a copy of ORS 107.089, the respondent may serve the petitioner with a copy of ORS 107.089 at any time and provide proof of service in accordance with ORCP 9. [1995 c.800 §4; 1997 c.707 §32]

 

      107.089 Documents parties must furnish to each other; effect of failure to furnish. (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 by either party for the last three calendar years;

      (b) If income tax returns for the last calendar year have not been filed, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records of income earned or received by either party during the last calendar year;

      (c) All records showing any income earned or received by either party for the current calendar year;

      (d) All financial statements, statements of net worth and credit card and loan applications prepared by or for either party during the last two calendar years;

      (e) All documents such as deeds, real estate contracts, appraisals and most recent statements of assessed value relating to real property in which either party has any interest;

      (f) All documents showing debts of either party, including the most recent statement of any loan, credit line or charge card balance due;

      (g) Certificates of title or registrations of all automobiles, motor vehicles, boats or other personal property registered in either party’s name or in which either party has any interest;

      (h) Documents showing stocks, bonds, secured notes, mutual funds and other investments in which either party has any interest;

      (i) The most recent statement describing any retirement plan, IRA pension plan, profit-sharing plan, stock option plan or deferred compensation plan in which either party has any interest; and

      (j) All financial institution or brokerage account records on any account in which either party has had any interest or signing privileges in the past year, whether or not the account is currently open or closed.

      (2)(a) Except as otherwise provided in paragraph (b) of this subsection, the party shall provide the information listed in subsection (1) of this section to the other party no later than 30 days after service of a copy of this section.

      (b) If a support hearing is pending fewer than 30 days after service of a copy of this section on either party, the party upon whom a copy of this section is served shall provide the information listed in subsection (1)(a) to (d) of this section no later than three judicial days before the hearing.

      (3)(a) If a party does not provide information as required by subsections (1) and (2) of this section, the other party may apply for a motion to compel as provided in ORCP 46.

      (b) Notwithstanding ORCP 46 A(4), if the motion is granted and the court finds that there was willful noncompliance with the requirements of subsections (1) and (2) of this section, the court shall require the party whose conduct necessitated the motion or the party or attorney advising the action, or both, to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees.

      (4) If a date for a support hearing has been set and the information listed in subsection (1)(a) to (d) of this section has not been provided as required by subsection (2) of this section:

      (a) By the obligor, the judge shall postpone the hearing, if requested to do so by the obligee, and provide in any future order for support that the support obligation is retroactive to the date of the original hearing; or

      (b) By the obligee, the judge shall postpone the hearing, if requested to do so by the obligor, and provide that any support ordered in a future hearing may be prospective only.

      (5) The provisions of this section do not limit in any way the discovery provisions of the Oregon Rules of Civil Procedure or any other discovery provision of Oregon law. [1995 c.800 §5; 1997 c.631 §402; 1997 c.707 §33]

 

      107.090 [Amended by 1953 c.602 §2; 1955 c.648 §4; 1959 c.572 §1; 1969 c.221 §1; repealed by 1971 c.280 §28]

 

      107.092 Notice that spouse may continue health insurance coverage; content; liability of clerk. (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 743.600, 743.601, 743.602 and 743.610 entitling a spouse to continue health insurance coverage.

      (2) The notice shall be prepared by the Director of the Department of Consumer and Business Services and also shall include a summary of the provisions of ORS 743.600.

      (3) A clerk of the court is not liable for damages arising from information contained in or omitted from a notice furnished under this section. [1981 c.752 §16; 1987 c.505 §6; 1995 c.603 §31]

 

      107.093 Restraining order; request for hearing. (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 decree or judgment is issued, until the petition for marital annulment, separation or dissolution is dismissed, or until further order of the court.

      (2) The restraining order issued under this section shall restrain the petitioner and respondent from:

      (a) Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary.

      (b) Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy.

      (c)(A) Transferring, encumbering, concealing or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life.

      (B) This paragraph does not apply to payment by either party of:

      (i) Attorney fees in the existing action;

      (ii) Real estate and income taxes;

      (iii) Mental health therapy expenses for either party or a minor child of the parties; or

      (iv) Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

      (d)(A) Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party.

      (B) This paragraph does not apply to payment by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

      (3) Either party restrained under this section may apply to the court for further temporary orders, including modification or revocation of the restraining order issued under this section.

      (4) The restraining order issued under this section shall also include a notice that either party may request a hearing on the restraining order by filing a request for hearing with the court.

      (5) A copy of the restraining order issued under this section shall be attached to the summons.

      (6) A party who violates a term of a restraining order issued under this section is not subject to:

      (a) Criminal prosecution based on the violation; or

      (b) Imposition of punitive sanctions under ORS 33.065 based on the violation. [2003 c.414 §2]

 

      107.094 Forms for restraining order and request for hearing. (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 107.093. [2003 c.414 §3]

 

      107.095 Provisions court may make after commencement of suit and before judgment. (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 clerk of the court 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 the Department of Justice, court clerk or court administrator, whichever is appropriate, as may be necessary to support and maintain the other party.

      (b) For the care, custody, support and maintenance, by one party or jointly, of the minor children as described in ORS 107.105 (1)(a) and for the parenting time rights as described in ORS 107.105 (1)(b) of the parent not having custody of such children.

      (c) For the restraint of a party from molesting or interfering in any manner with the other party or the minor children.

      (d) That if minor children reside in the family home and the court considers it necessary for their best interest to do so, the court may require either party to move out of the home for such period of time and under such conditions as the court may determine, whether the home is rented, owned or being purchased by one party or both parties.

      (e) Restraining and enjoining either party or both from encumbering or disposing of any of the real or personal property of either or both of the parties, except as ordered by the court.

      (f) For the temporary use, possession and control of the real or personal property of the parties or either of them and the payment of installment liens and encumbrances thereon.

      (g) That even if no minor children reside in the family home, the court may require one party to move out of the home for such period of time and under such conditions as the court determines, whether the home is rented, owned or being purchased by one party or both parties if that party assaults or threatens to assault the other.

      (2) A limited judgment under ORS chapter 18 may be entered in an action for dissolution or annulment of a marriage providing for a support award, as defined by ORS 18.005, or other money award, as defined by ORS 18.005. Notwithstanding ORS 19.255, a limited judgment entered under this subsection may not be appealed. Any decision of the court in a limited judgment subject to this subsection may be appealed as otherwise provided by law upon entry of a general judgment.

      (3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.

      (4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or the respondent having appeared has waived further appearance or the parties stipulate to the entry of a judgment, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a judgment of annulment or dissolution or for separation based upon a current affidavit of the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If child support or custody of minor children is involved, then the affidavit also shall include:

      (a) The gross monthly income of each party, to the best of the affiant’s knowledge; and

      (b) The name of the party with whom the children currently reside and the length of time they have so resided.

      (5) When a court orders relief under subsection (1)(c) or (d) of this section, the court may include in its order an expiration date for the order to allow entry of the order into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice as provided in ORS 107.720. If the person being restrained was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the person’s ability to possess firearms and ammunition or engage in activities involving firearms. [1971 c.280 §12; 1973 c.502 §7; 1977 c.205 §1; 1977 c.847 §1; 1977 c.878 §1a; 1979 c.86 §1; 1981 c.668 §1; 1987 c.873 §27; 1987 c.885 §1; 1991 c.82 §1; 1993 c.223 §4; 1993 c.716 §2; 1997 c.704 §41; 1997 c.707 §5; 1999 c.569 §2; 1999 c.1052 §5; 2001 c.286 §1; 2003 c.576 §107]

 

      107.097 Ex parte temporary custody or parenting time orders; temporary protective order of restraint; hearing; form. (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 protective order of restraint by filing with the court an affidavit conforming to the requirements of ORS 109.767.

      (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

      (A) Changing the child’s usual place of residence;

      (B) Interfering with the present placement and daily schedule of the child;

      (C) Hiding or secreting the child from the other party;

      (D) Interfering with the other party’s usual contact and parenting time with the child;

      (E) Leaving the state with the child without the written permission of the other party or the permission of the court; or

      (F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.

      (c) A copy of the order and the supporting affidavit must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:

______________________________________________________________________________

 

      Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a hearing request in the form described in ORS 107.097 (5).

______________________________________________________________________________

      (3)(a) A court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:

      (A) The party requesting an order is present in court and presents an affidavit alleging that the child is in immediate danger; and

      (B) The court finds, based on the facts presented in the party’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.

      (b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

      (c) A copy of the order and the supporting affidavit must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:

______________________________________________________________________________

 

      Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a hearing request in the form described in ORS 107.097 (5).

______________________________________________________________________________

      (4)(a) A party against whom an order is entered under subsection (2) or (3) of this section may request a hearing by filing with the court a hearing request form described in subsection (5) of this section at any time while the order is in effect.

      (b) The court shall make reasonable efforts to hold a hearing within 14 days and shall hold a hearing no later than 21 days after receipt of the request for the hearing. The court shall notify each party of the time, date and place of the hearing.

      (c) An order issued under subsection (2) or (3) of this section remains in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause, the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court shall vacate the order.

      (d) The issue at a hearing to contest:

      (A) A temporary protective order of restraint is limited to a determination of the status quo at the time the order was issued. If the child’s usual place of residence cannot be determined, the court may make any further order the court finds appropriate in the best interests of the child.

      (B) A temporary order for the custody of, or parenting time with, a child is limited to whether the child was in immediate danger at the time the order was issued.

      (5) The hearing request form must be in substantially the following form:

______________________________________________________________________________

 

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _________

 

_________,                 )

PETITIONER,            )           NO._____

                                    )

                                    )           REQUEST FOR

and                                          )           HEARING

                                    )

_________,                 )

Respondent.                )

 

      I request a hearing.

___I object to the Protective Order of Restraint

because I disagree with the representation of the status quo in the following particulars:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_________________________.

 

___I object to the Temporary Custody and Parenting Time Order on the ground that the child was not in immediate danger at the time the order was issued.

 

 

__________________

 

Signature

DATE:__________________

 

ADDRESS:__________________

 

__________________

 

TELEPHONE:__________________

 

______________________________________________________________________________

 

      (6) As used in this section:

      (a) “Child’s usual place of residence” has the meaning given that term in ORS 107.138.

      (b) “Party’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” have the meanings given “parent’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” in ORS 107.138. [1995 c.792 §1; 1997 c.136 §1; 1997 c.386 §3; 1997 c.707 §6; 1999 c.59 §19; 1999 c.649 §44]

 

      107.100 [Amended by 1953 c.553 §2; 1953 c.635 §2; 1961 c.540 §1; 1963 c.476 §1; 1965 c.603 §6; 1969 c.198 §53; 1969 c.591 §283; repealed by 1971 c.280 §28]

 

      107.101 Policy regarding parenting. 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 after the parents have separated or dissolved their marriage;

      (3) Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, if necessary;

      (4) Grant parents and courts the widest discretion in developing a parenting plan; and

      (5) Consider the best interests of the child and the safety of the parties in developing a parenting plan. [1997 c.707 §1]

 

      107.102 Parenting plans; contents. (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 either general or detailed.

      (2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

      (3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

      (a) Residential schedule;

      (b) Holiday, birthday and vacation planning;

      (c) Weekends, including holidays, and school in-service days preceding or following weekends;

      (d) Decision-making and responsibility;

      (e) Information sharing and access;

      (f) Relocation of parents;

      (g) Telephone access;

      (h) Transportation; and

      (i) Methods for resolving disputes.

      (4)(a) The court shall develop a detailed parenting plan when:

      (A) So requested by either parent; or

      (B) The parent or parents are unable to develop a parenting plan.

      (b) In developing a parenting plan under this subsection, the court may consider only the best interests of the child and the safety of the parties. [1997 c.707 §2]

 

      107.104 Policy regarding settlement; enforcement of settlement terms; remedies. (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 would violate the law or would clearly contravene public policy.

      (2) In a suit for marital annulment, dissolution or separation, the court may enforce the terms set forth in a stipulated judgment signed by the parties, a judgment resulting from a settlement on the record or a judgment incorporating a marital settlement agreement:

      (a) As contract terms using contract remedies;

      (b) By imposing any remedy available to enforce a judgment, including but not limited to contempt; or

      (c) By any combination of the provisions of paragraphs (a) and (b) of this subsection.

      (3) A party may seek to enforce an agreement and obtain remedies described in subsection (2) of this section by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under subsection (2)(b) of this section is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.

      (4) Nothing in subsection (2) or (3) of this section limits a party’s ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS 107.135 or to seek enforcement of an ancillary agreement to the judgment. [2001 c.203 §2; 2003 c.576 §108]

 

      107.105 Provisions of judgment. (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 for minor children born to the parties prior to the marriage, as the court may deem just and proper under ORS 107.137. The court may hold a hearing to decide the custody issue prior to any other issues. When appropriate, the court shall recognize the value of close contact with both parents and encourage joint parental custody and joint responsibility for the welfare of the children.

      (b) For parenting time rights of the parent not having custody of such children, and for visitation rights pursuant to a petition filed under ORS 109.119. When a parenting plan has been developed as required by ORS 107.102, the court shall review the parenting plan and, if approved, incorporate the parenting plan into the court’s final order. When incorporated into a final order, the parenting plan is determinative of parenting time rights. If the parents have been unable to develop a parenting plan or if either of the parents requests the court to develop a detailed parenting plan, the court shall develop the parenting plan in the best interest of the child, ensuring the noncustodial parent sufficient access to the child to provide for appropriate quality parenting time and assuring the safety of the parties, if implicated. The court may deny parenting time to the noncustodial parent under this subsection only if the court finds that parenting time would endanger the health or safety of the child. The court shall recognize the value of close contact with both parents and encourage, when practicable, joint responsibility for the welfare of such children and extensive contact between the minor children of the divided marriage and the parties. If the court awards parenting time to a noncustodial parent who has committed abuse, the court shall make adequate provision for the safety of the child and the other parent in accordance with the provisions of ORS 107.718 (6).

      (c) For the support of the children of the marriage by the parties. In ordering child support, the formula established by ORS 25.270 to 25.287 shall apply. The court may at any time require an accounting from the custodial parent with reference to the use of the money received as child support. The court is not required to order support for any minor child who has become self-supporting, emancipated or married, or who has ceased to attend school after becoming 18 years of age.

      (d) For spousal support, an amount of money for a period of time as may be just and equitable for one party to contribute to the other, in gross or in installments or both. The court may approve an agreement for the entry of an order for the support of a party. In making the spousal support order, the court shall designate one or more categories of spousal support and shall make findings of the relevant factors in the decision. The court may order:

      (A) Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:

      (i) The duration of the marriage;

      (ii) A party’s training and employment skills;

      (iii) A party’s work experience;

      (iv) The financial needs and resources of each party;

      (v) The tax consequences to each party;

      (vi) A party’s custodial and child support responsibilities; and

      (vii) Any other factors the court deems just and equitable.

      (B) Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:

      (i) The amount, duration and nature of the contribution;

      (ii) The duration of the marriage;

      (iii) The relative earning capacity of the parties;

      (iv) The extent to which the marital estate has already benefited from the contribution;

      (v) The tax consequences to each party; and

      (vi) Any other factors the court deems just and equitable.

      (C) Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:

      (i) The duration of the marriage;

      (ii) The age of the parties;

      (iii) The health of the parties, including their physical, mental and emotional condition;

      (iv) The standard of living established during the marriage;

      (v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;

      (vi) A party’s training and employment skills;

      (vii) A party’s work experience;

      (viii) The financial needs and resources of each party;

      (ix) The tax consequences to each party;

      (x) A party’s custodial and child support responsibilities; and

      (xi) Any other factors the court deems just and equitable.

      (e) For the delivery to one party of such party’s personal property in the possession or control of the other at the time of the giving of the judgment.

      (f) For the division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances. A retirement plan or pension or an interest therein shall be considered as property. The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. Subsequent to the filing of a petition for annulment or dissolution of marriage or separation, the rights of the parties in the marital assets shall be considered a species of coownership, and a transfer of marital assets under a judgment of annulment or dissolution of marriage or of separation entered on or after October 4, 1977, shall be considered a partitioning of jointly owned property. The court shall require full disclosure of all assets by the parties in arriving at a just property division. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. If a spouse has been awarded spousal support in lieu of a share of property, the court shall so state on the record, and shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the obligee as beneficiary for the duration of the obligation. If the obligor dies prior to the termination of such support and such insurance is not in force, the court may modify the method of payment of spousal support under the judgment or order of support from installments to a lump sum payment to the obligee from the estate of the obligor in an amount commensurate with the present value of the spousal support at the time of death. The obligee or attorney of the obligee shall cause a certified copy of the judgment to be delivered to the life insurance company or companies. If the obligee or the attorney of the obligee delivers a true copy of the judgment to the life insurance company or companies, identifying the policies involved and requesting such notification under this section, the company or companies shall notify the obligee, as beneficiary of the insurance policy, whenever the policyholder takes any action that will change the beneficiary or reduce the benefits of the policy. Either party may request notification by the insurer when premium payments have not been made. If the obligor is ordered to provide for and maintain life insurance, the obligor shall provide to the obligee a true copy of the policy. The obligor shall also provide to the obligee written notice of any action that will reduce the benefits or change the designation of the beneficiaries under the policy.

      (g) For the creation of trusts as follows:

      (A) For the appointment of one or more trustees to hold, control and manage for the benefit of the children of the parties, of the marriage or otherwise, such of the real or personal property of either or both of the parties, as the court may order to be allocated or appropriated to their support and welfare; and to collect, receive, expend, manage or invest any sum of money awarded for the support and welfare of minor children of the parties.

      (B) For the appointment of one or more trustees to hold, manage and control such amount of money or such real or personal property of either or both of the parties, as may be set aside, allocated or appropriated for the support of a party.

      (C) For the establishment of the terms of the trust and provisions for the disposition or distribution of such money or property to or between the parties, their successors, heirs and assigns after the purpose of the trust has been accomplished. Upon petition of a party or a person having an interest in the trust showing a change of circumstances warranting a change in the terms of the trust, the court may make and direct reasonable modifications in its terms.

      (h) To change the name of either spouse to a name the spouse held before the marriage. The court shall order a change if it is requested by the affected party.

      (i) For a money award for any sums of money found to be then remaining unpaid upon any order or limited judgment entered under ORS 107.095. If a limited judgment was entered under ORS 107.095, the limited judgment shall continue to be enforceable for any amounts not paid under the limited judgment unless those amounts are included in the money award made by the general judgment.

      (j) For an award of reasonable attorney fees and costs and expenses reasonably incurred in the action in favor of a party or in favor of a party’s attorney.

      (2) In determining the proper amount of support and the proper division of property under subsection (1)(c), (d) and (f) of this section, the court may consider evidence of the tax consequences on the parties of its proposed judgment.

      (3) Upon the filing of the judgment, the property division ordered shall be deemed effective for all purposes. This transfer by judgment, which shall effect solely owned property transferred to the other spouse as well as commonly owned property in the same manner as would a declaration of a resulting trust in favor of the spouse to whom the property is awarded, shall not be deemed a taxable sale or exchange.

      (4) If an appeal is taken from a judgment of annulment or dissolution of marriage or of separation or from any part of a judgment rendered in pursuance of the provisions of ORS 107.005 to 107.086, 107.095, 107.105, 107.115 to 107.174, 107.405, 107.425, 107.445 to 107.520, 107.540 and 107.610, the court rendering the judgment may provide in a supplemental judgment for any relief provided for in ORS 107.095 and shall provide that the relief granted in the judgment is to be in effect only during the pendency of the appeal. A supplemental judgment under this subsection may be enforced as provided in ORS 33.015 to 33.155 and ORS chapter 18. A supplemental judgment under this subsection may be appealed in the same manner as provided for supplemental judgments modifying a domestic relations judgment under ORS 19.275.

      (5) If an appeal is taken from the judgment or other appealable order in a suit for annulment or dissolution of a marriage or for separation, and the appellate court awards costs and disbursements to a party, it may also award to that party, as part of the costs, such additional sum of money as it may adjudge reasonable as an attorney fee on the appeal.

      (6) If, as a result of a suit for the annulment or dissolution of a marriage or for separation, the parties to such suit become owners of an undivided interest in any real or personal property, or both, either party may maintain supplemental proceedings by filing a petition in such suit for the partition of such real or personal property, or both, within two years from the entry of the judgment, showing among other things that the original parties to the judgment and their joint or several creditors having a lien upon any such real or personal property, if any there be, constitute the sole and only necessary parties to such supplemental proceedings. The procedure in the supplemental proceedings, so far as applicable, shall be the procedure provided in ORS 105.405, for the partition of real property, and the court granting the judgment shall have in the first instance and retain jurisdiction in equity therefor. [1971 c.280 §13; 1973 c.502 §8; 1975 c.722 §1; 1975 c.733 §2; 1977 c.205 §2; 1977 c.847 §2; 1977 c.878 §2a; 1979 c.144 §2; 1981 c.775 §1; 1983 c.728 §2; 1987 c.795 §9; 1987 c.885 §2; 1989 c.811 §6; 1993 c.315 §1; 1993 c.716 §3; 1995 c.22 §1; 1995 c.608 §3; 1997 c.22 §1; 1997 c.71 §19; 1997 c.707 §7; 1999 c.587 §1; 1999 c.762 §1; 2001 c.873 §5; 2003 c.576 §109; 2005 c.536 §7; 2005 c.568 §29]

 

      107.106 Provisions of order or judgment providing for custody, parenting time, visitation or support of child. (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 or 419C.590 shall include:

      (a) Provisions addressing the issues of:

      (A) Payment of uninsured medical expenses of the child;

      (B) Maintenance of insurance or other security for support; and

      (C) Maintenance of a health benefit plan for the child under ORS 25.321 to 25.343.

      (b) A statement in substantially the following form:

______________________________________________________________________________