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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 11 DOMESTIC RELATIONS
Chapter : Chapter 107 Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
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(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] 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](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](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] The district attorney, or in
appropriate cases the Division of Child Support, shall appear in any suit
for the annulment or dissolution of a marriage or for separation when
requested by the court. [1971 c.280 §4; 1973 c.502 §3; 1979 c.482 §1]
The respondent shall not be required to answer a petition for annulment
or dissolution of a marriage or for separation except by filing a general
appearance or a general appearance with counterclaims relating to matters
other than the grounds for annulment, dissolution or separation.
Affirmative defenses are abolished. [1971 c.280 §11; 1973 c.502 §4] (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] (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] (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] A petition for marital annulment,
dissolution or separation may be filed only in a county in which the
petitioner or respondent resides. [2003 c.289 §6]
Whenever a suit for dissolution, separation or annulment is initiated
under ORS 107.085 and the child support rights of one of the parties or
of a child of both of the parties have been assigned to the state, a true
copy of the petition shall be served by mail or personal 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](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](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](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] (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] (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](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](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] 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] (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](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] (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](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:
___________________________________________________________________________
___The terms of child support and parenting time (visitation) are
designed for the child’s benefit and not the parents’ benefit. You must
pay support even if you are not receiving visitation. You must comply
with visitation orders even if you are not receiving child support.
Violation of child support orders and visitation orders is
punishable by fine, imprisonment or other penalties.
Publicly funded help is available to establish, enforce and modify
child support orders. Paternity establishment services are also
available. Contact your local district attorney or the Department of
Justice at (503) 373-7300 for information.
Publicly funded help may be available to establish, enforce and
modify visitation orders. Forms are available to enforce visitation
orders. Contact the domestic relations court clerk or civil court clerk
for information.
___________________________________________________________________________
___
(2) The court or administrative law judge shall ensure the creation
and filing of an order or judgment that complies with this section.
(3) This section does not apply to an action undertaken by the
Division of Child Support of the Department of Justice or a district
attorney under ORS 25.080. [1995 c.800 §9; 1997 c.249 §36; 1997 c.707 §8;
2003 c.73 §49a; 2003 c.75 §83; 2003 c.637 §17]
(1) As used in this section:
(a) “Child attending school” means a child of the parties who:
(A) Is unmarried;
(B) Is 18 years of age or older and under 21 years of age;
(C) Is making satisfactory academic progress as defined by the
school that the child attends; and
(D) Has a course load that is no less than one-half of the load
that is determined by the school to constitute full-time enrollment.
(b) “Regularly scheduled break” means:
(A) A summer semester or term;
(B) A period of time not exceeding four months between graduation
from or completion of school and the beginning of the next regularly
scheduled term, semester or course of study at school;
(C) A period of time between the end and beginning of regularly
scheduled consecutive school semesters, terms or courses of study; or
(D) Any other scheduled break between courses of study that is
defined by the school as a regularly scheduled break.
(c) “School” means:
(A) An educational facility such as a high school, community
college, four-year college or university;
(B) A course of professional, vocational or technical training,
including the Job Corps, designed to fit the child for gainful
employment; or
(C) A high school equivalency course, including but not limited to
a General Educational Development (GED) program, an educational program
for grade 12 or below and home schooling.
(2) A support order entered or modified under this chapter or under
ORS chapter 25, 108, 109, 110, 125, 416, 419B or 419C may require either
parent, or both of them, to provide for the support or maintenance of a
child attending school.
(3) Notwithstanding ORS 416.407, a child attending school is a
party to any legal proceeding related to the support order. A child
attending school may:
(a) Apply for services under ORS 25.080:
(A) If a support order provides for the support or maintenance of
the child attending school; or
(B) In accordance with rules adopted by the Department of Justice;
(b) Request a judicial or administrative modification of the child
support amount or may receive notice of and participate in any
modification proceeding; and
(c) Agree, in the same manner as an obligee under ORS 25.020 (12),
that payments not made to the Department of Justice should be credited
for amounts that would have been paid to the child attending school if
the payments had been made to the department.
(4) Regardless of whether the child is a child attending school, an
unmarried child who is 18 years of age or older and under 21 years of age:
(a) Is a necessary party to a judicial proceeding under ORS
107.085, 107.135, 107.431, 108.110, 109.103 or 109.165 in which the
child’s parents are parties and the court has authority to order or
modify support for a child attending school; and
(b) May request notice of any proceeding initiated by the
administrator to modify a support order that may affect the child’s
rights as a child attending school. To receive notice, the child shall
provide an address to the administrator, and the administrator shall
notify the child of any modification proceeding by first class mail. To
be a party to a proceeding, the child must send a written request to the
administrator within 30 days after the date of the notice of the
proceeding.
(5)(a) If a support order provides for the support or maintenance
of a child attending school and the child qualifies as a child attending
school, unless good cause is found for the distribution of the payment to
be made in some other manner, support shall be distributed to the child
if services are being provided under ORS 25.080 or shall be paid directly
to the child if those services are not being provided.
(b) Unless otherwise ordered by the court, administrator or
administrative law judge, when there are multiple children for whom
support is ordered, the amount distributed or paid directly to a child
attending school is a prorated share based on the number of children for
whom support is ordered. However, if, due to a parenting time or split
custody arrangement, support was not paid to the parent having primary
physical custody of the child before the child turned 18 years of age,
support may not be distributed or paid directly to the child attending
school unless the support order is modified.
(c) The Department of Justice shall adopt rules to define good
cause and circumstances under which the administrator or administrative
law judge may allocate support by other than a prorated share and to
determine how support is to be allocated in those circumstances.
(6)(a) For support payments to continue to be distributed or paid
directly to the child attending school, the child shall provide to each
parent ordered to pay support and, if services are being provided under
ORS 25.080, to the department:
(A) Written notice of the child’s intent to attend or continue to
attend school. The child shall provide the notice before reaching 18
years of age. The notice must include the name of the school and the
expected graduation date or date when the child will stop attending
classes. If the child changes schools, the child shall provide the
information required by this subsection concerning the subsequent school
before the expected graduation date or date when the child will stop
attending classes at the previous school.
(B) Written consent that:
(i) Is directed to the child’s school and is in a form consistent
with state and federal requirements that restrict disclosure of student
records;
(ii) Gives the school authority to disclose to each parent ordered
to pay support the child’s enrollment status, whether the child is
maintaining satisfactory academic progress, a list of courses in which
the child is enrolled and the child’s grades; and
(iii) States that the disclosure is for the purpose of permitting
each parent to verify the child’s compliance with the requirements of
this section.
(b) The child shall provide the written consent form described in
paragraph (a)(B) of this subsection within 30 days after the beginning of
the first term or semester after the child reaches 18 years of age, at
the beginning of each academic year thereafter and as otherwise required
by the school to disclose the information under this section.
(c) If an order of nondisclosure of information has been entered
concerning the child under ORS 25.020, the child may provide the
information described in paragraph (a)(B) of this subsection in the
manner established by the department by rule.
(7) Each parent ordered to pay support shall continue to make
support payments, to be distributed or paid directly, to the child during
regularly scheduled breaks as long as the child intends to continue
attending school the next scheduled term or semester.
(8) A parent’s obligation to pay support to a child attending
school is suspended when:
(a) The child has reached 18 years of age and has not provided
written notice of the child’s intent to attend or continue to attend
school, or the child has graduated or reached the date to stop attending
classes, as provided under subsection (6)(a)(A) of this section;
(b)(A) Services are not being provided under ORS 25.080;
(B) The parent has provided the child with a written notice of the
parent’s intent to stop paying support directly to the child because the
child is no longer a child attending school or the child has not provided
the written consent required by subsection (6)(a)(B) of this section; and
(C) Thirty days have passed since the parent provided the notice to
the child and the parent has not received:
(i) Written confirmation from the school that the child is enrolled
in the school and is a child attending school; or
(ii) The written consent from the child as required by subsection
(6)(a)(B) of this section;
(c)(A) Services are being provided under ORS 25.080;
(B) A parent ordered to pay support has provided the department
with written notice that the child is no longer a child attending school
or that the child has not provided the written consent required by
subsection (6)(a)(B) of this section;
(C) The department has provided written notice to the child
requiring:
(i) Written confirmation, on a form developed by the department,
from the school that the child is enrolled in the school and is a child
attending school; and
(ii) Proof that the written consent required by subsection
(6)(a)(B) of this section has been provided to the parent ordered to pay
support; and
(D) Thirty days have passed since the department provided the
notice to the child and the department has not received:
(i) Written confirmation from the school that the child is enrolled
in the school and is a child attending school; or
(ii) Proof that the written consent required by subsection
(6)(a)(B) of this section has been provided to the parent ordered to pay
support.
(9) When a parent’s support obligation has been suspended under
subsection (8) of this section, the obligation is reinstated:
(a) If services are not being provided under ORS 25.080, effective
on the date the parent receives written confirmation from the school that
the child is enrolled in the school and is a child attending school and
receives the written consent from the child as required by subsection
(6)(a)(B) of this section; or
(b) If services are being provided under ORS 25.080, effective on
the date the department receives written confirmation from the school
that the child is enrolled in the school and is a child attending school
and receives proof that the written consent required by subsection
(6)(a)(B) of this section has been provided to the parent ordered to pay
support.
(10) If a parent ordered to pay support is paying a prorated share
under subsection (5) of this section and that obligation is suspended
under subsection (8) of this section, the parent shall pay to the obligee
the amount previously paid to the child attending school until such time
as the support order is modified. The suspension of a parent’s obligation
to pay support to a child attending school is a substantial change of
circumstances for purposes of modifying a support order. In a proceeding
to modify a support order, the court, administrator or administrative law
judge may order a modified amount of support and may order an amount of
support to be paid in the event that a support obligation is reinstated
under subsection (9) of this section.
(11)(a) If services are being provided under ORS 25.080 and the
department has suspended a support obligation under subsection (8) of
this section or reinstated a support obligation under subsection (9) of
this section, a party may request administrative review of the action
within 30 days after the date of the notice that the department has
suspended or reinstated the support obligation.
(b) The department may adopt rules specifying the issues that may
be considered on review.
(c) A party may appeal the department’s decision on review under
ORS 183.484.
(12)(a) Notwithstanding any other provision of this section, if a
parent who is required to provide for the support or maintenance of a
child attending school has established a higher education savings plan
for the child’s continued education, the court may order payment in
accordance with the plan instead of ordering support that would otherwise
be distributed or paid directly to the child under this section.
(b) If the court orders payment in accordance with the plan, the
court may not order compliance with or payment of that provision of the
order through the department.
(c) As used in this subsection, “higher education savings plan”
means a tax-advantaged account established by a parent on behalf of a
child for the purpose of paying qualified higher education expenses of
the child at eligible educational institutions.
(13) A support order that provides for the support or maintenance
of a child attending school is subject to this section regardless of when
the support order was entered.
(14) A support order that provides for the support or maintenance
of a child attending school is intended to recognize the importance of
continuing education for a child over 18 years of age who does not
benefit from an intact family or who has been removed from the household.
While support may serve to supplement the resources available to the
child attending school, it is not intended to replace other resources or
meet all of the financial needs of a child attending school. [1973 c.827
§12b; 1981 c.669 §1; 1989 c.518 §1; 1995 c.343 §21; 1997 c.704 §51; 2003
c.73 §50a; 2003 c.75 §84; 2003 c.576 §110; 2005 c.591 §1]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 years. [1983 c.728 §8](1) A judgment of annulment or dissolution of a marriage
restores the parties to the status of unmarried persons, unless a party
is married to another person. The judgment gives the court jurisdiction
to award, to be effective immediately, the relief provided by ORS
107.105. The judgment shall revoke a will pursuant to the provisions of
ORS 112.315.
(2) The marriage relationship is terminated when the court signs
the judgment of dissolution of marriage.
(3)(a) The Court of Appeals or Supreme Court shall continue to have
jurisdiction of an appeal pending at the time of the death of either
party. The appeal may be continued by the personal representative of the
deceased party. The attorney of record on the appeal, for the deceased
party, may be allowed a reasonable attorney fee, to be paid from the
decedent’s estate. However, costs on appeal may not be awarded to either
party.
(b) The Court of Appeals or Supreme Court shall have the power to
determine finally all matters presented on such appeal. Before making
final disposition, the Court of Appeals or Supreme Court may refer the
proceeding back to the trial court for such additional findings of fact
as are required. [1971 c.280 §14; 1981 c.537 §2; 1987 c.586 §26; 1993
c.149 §1; 1999 c.569 §3; 2003 c.576 §111] As used in ORS
107.118 to 107.131:
(1) “Designation of beneficiary” means the naming of a person in a
governing instrument for the purpose of a transfer of moneys or other
benefits upon the death of the principal.
(2) “Governing instrument” means a policy of life insurance
executed by a principal before a suit for marital dissolution, separation
or annulment or a document executed by the principal before a suit for
marital dissolution, separation or annulment for the purpose of
designating a beneficiary under:
(a) An employee pension benefit plan, as defined in 29 U.S.C. 1002
(2) for the purposes of the Employee Retirement Income Security Act of
1974;
(b) A public retirement system of a public body, as defined in ORS
174.109, or of any other state or local government;
(c) A federal retirement system created by the federal government
for any officer or employee of the United States, including any person
retired from service in the United States Civil Service, the Armed Forces
of the United States or any agency or subdivision thereof;
(d) A deferred compensation plan under section 457 of the Internal
Revenue Code;
(e) An individual retirement account, annuity or trust or
simplified employee pension under section 408 or 408A of the Internal
Revenue Code;
(f) An employee annuity, including custodial accounts treated as
annuities, under section 403(a) or (b) of the Internal Revenue Code; or
(g) A retirement account, stock certificate, mutual fund account,
bank account or other financial account that is not jointly owned by the
principal and the principal’s spouse and that is payable or transferable
upon the death of the principal.
(3) “Principal” means the person who designates a beneficiary in a
governing instrument and who is a party to a suit for marital
dissolution, separation or annulment.
(4) “Relative of the spouse” means a person who is related to a
spouse by blood, adoption or marriage and who is not related to the
principal by blood, adoption or marriage.
(5) “Spouse” means a person who is or was married to the principal.
[2005 c.285 §2]Note: 107.118 to 107.131 were added to and made a part of ORS
chapter 107 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation.(1) A judgment of dissolution, separation or annulment may
revoke a designation of beneficiary made by a principal in favor of a
spouse or a relative of the spouse if the designation of beneficiary is
revocable as described in subsection (2) of this section.
(2) A designation of beneficiary is revocable for the purposes of
this section if the principal at the time of the judgment may, by law or
under the terms of the instrument, cancel or change the designation of
beneficiary.
(3) A designation of beneficiary is revocable for the purposes of
this section without regard to whether the principal is:
(a) Competent at the time of the entry of judgment; or
(b) Able to designate the principal in place of the spouse or in
place of the relative of the spouse.
(4) The revocation of a designation of beneficiary under this
section becomes effective upon entry of the judgment. [2005 c.285 §3]Note: See note under 107.118. If a designation of beneficiary is
revoked under ORS 107.121, the designation of beneficiary must be given
effect as if the spouse or the relative of the spouse had predeceased the
principal. [2005 c.285 §4]Note: See note under 107.118.(1) A person is not liable for having made a payment to a
beneficiary designated in a governing instrument, or for having taken any
other action in good-faith reliance on the governing instrument, unless
the person has received written notice of the revocation of designation
of beneficiary under ORS 107.121.
(2) Written notice of the revocation under this section shall be
mailed to the home or office of the person by regular United States mail
or be given by a means designed to provide the person with notice of the
revocation.
(3) Upon receipt of written notice of the revocation under this
section, a person may pay the amount owed under a governing instrument to
any court in which probate proceedings for the estate of the principal
are pending. If probate proceedings for the estate of the principal have
not been commenced, the person may pay the amount to the circuit court
for the county in which the principal resided at the time of death. The
court shall hold the funds and shall order disbursement in accordance
with the court’s determination of the effect on the judgment of
dissolution, separation or annulment. Payments made to the court under
this section discharge the person making the payment from all claims for
the amount paid to the court. [2005 c.285 §5]Note: See note under 107.118.
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,
separation or annulment. [2005 c.285 §6]Note: See note under 107.118.(1) The court may
at any time after a judgment of annulment or dissolution of marriage or
of separation is granted, upon the motion of either party and after
service of notice on the other party in the manner provided by ORCP 7,
and after notice to the Division of Child Support when required under
subsection (9) of this section:
(a) Set aside, alter or modify any portion of the judgment that
provides for the appointment and duties of trustees, for the custody,
parenting time, visitation, support and welfare of the minor children and
the children attending school, as defined in ORS 107.108, including any
health or life insurance provisions, for the support of a party or for
life insurance under ORS 107.820 or 107.830;
(b) Make an order, after service of notice to the other party,
providing for the future custody, support and welfare of minor children
residing in the state, who, at the time the judgment was given, were not
residents of the state, or were unknown to the court or were erroneously
omitted from the judgment;
(c) Terminate a duty of support toward any minor child who has
become self-supporting, emancipated or married;
(d) After service of notice on the child in the manner provided by
law for service of a summons, suspend future support for any child who
has ceased to be a child attending school as defined in ORS 107.108; and
(e) Set aside, alter or modify any portion of the judgment that
provides for a property award based on the enhanced earning capacity of a
party that was awarded before October 23, 1999. A property award may be
set aside, altered or modified under this paragraph:
(A) When the person with the enhanced earning capacity makes a good
faith career change that results in less income;
(B) When the income of the person with the enhanced earning
capacity decreases due to circumstances beyond the person’s control; or
(C) Under such other circumstances as the court deems just and
proper.
(2) When a party moves to set aside, alter or modify the child
support provisions of the judgment:
(a) The party shall state in the motion, to the extent known:
(A) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving children of the
marriage, including one brought under ORS 25.287, 107.431, 109.100,
125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or any other jurisdiction a
support order, as defined in ORS 110.303, involving children of the
marriage, other than the judgment the party is moving to set aside, alter
or modify.
(b) The party shall include with the motion a certificate regarding
any pending support proceeding and any existing support order other than
the judgment the party is moving to set aside, alter or modify. The party
shall use a certificate that is in a form established by court rule and
include information required by court rule and paragraph (a) of this
subsection.
(3) In a proceeding under this section to reconsider the spousal or
child support provisions of the judgment, the following provisions apply:
(a) A substantial change in economic circumstances of a party,
which may include, but is not limited to, a substantial change in the
cost of reasonable and necessary expenses to either party, is sufficient
for the court to reconsider its order of support, except that an order of
compensatory spousal support may only be modified upon a showing of an
involuntary, extraordinary and unanticipated change in circumstances that
reduces the earning capacity of the paying spouse.
(b) If the judgment provided for a termination or reduction of
spousal support at a designated age in anticipation of the commencement
of pension, Social Security or other entitlement payments, and if the
obligee is unable to obtain the anticipated entitlement payments, that
inability is sufficient change in circumstances for the court to
reconsider its order of support.
(c) If Social Security is considered in lieu of spousal support or
partial spousal support, the court shall determine the amount of Social
Security the party is eligible to collect. The court shall take into
consideration any pension, retirement or other funds available to either
party to effect an equitable distribution between the parties and shall
also take into consideration any reduction of entitlement caused by
taking early retirement.
(4) In considering under this section whether a change in
circumstances exists sufficient for the court to reconsider spousal or
child support provisions of a judgment, the following provisions apply:
(a) The court or administrator, as defined in ORS 25.010, shall
consider income opportunities and benefits of the respective parties from
all sources, including but not limited to:
(A) The reasonable opportunity of each party, the obligor and
obligee respectively, to acquire future income and assets.
(B) Retirement benefits available to the obligor and to the obligee.
(C) Other benefits to which the obligor is entitled, such as travel
benefits, recreational benefits and medical benefits, contrasted with
benefits to which the obligee is similarly entitled.
(D) Social Security benefits paid to a child, or to a
representative payee administering the funds for the child’s use and
benefit, as a result of the obligor’s disability or retirement if the
benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before May 12, 2003.
(E) Apportioned Veterans’ benefits or Survivors’ and Dependents’
Educational Assistance under 38 U.S.C. chapter 35 paid to a child, or to
a representative payee administering the funds for the child’s use and
benefit, as a result of the obligor’s disability or retirement if the
benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before May 12, 2003.
(b) If the motion for modification is one made by the obligor to
reduce or terminate support, and if the obligee opposes the motion, the
court shall not find a change in circumstances sufficient for
reconsideration of support provisions, if the motion is based upon a
reduction of the obligor’s financial status resulting from the obligor’s
taking voluntary retirement, partial voluntary retirement or any other
voluntary reduction of income or self-imposed curtailment of earning
capacity, if it is shown that such action of the obligor was not taken in
good faith but was for the primary purpose of avoiding the support
obligation. In any subsequent motion for modification, the court shall
deny the motion if the sole basis of the motion for modification is the
termination of voluntarily taken retirement benefits and the obligor
previously has been found not to have acted in good faith.
(c) The court shall consider the following factors in deciding
whether the actions of the obligor were not in “good faith”:
(A) Timing of the voluntary retirement or other reduction in
financial status to coincide with court action in which the obligee seeks
or is granted an increase in spousal support.
(B) Whether all or most of the income producing assets and property
were awarded to the obligor, and spousal support in lieu of such property
was awarded to the obligee.
(C) Extent of the obligor’s dissipation of funds and assets prior
to the voluntary retirement or soon after filing for the change of
circumstances based on retirement.
(D) If earned income is reduced and absent dissipation of funds or
large gifts, whether the obligor has funds and assets from which the
spousal support could have been paid.
(E) Whether the obligor has given gifts of substantial value to
others, including a current spouse, to the detriment of the obligor’s
ability to meet the preexisting obligation of spousal support.
(5) Upon terminating a duty of spousal support, a court shall make
specific findings of the basis for the termination and shall include the
findings in the judgment order.
(6) Any modification of child or spousal support granted because of
a change of circumstances may be ordered effective retroactive to the
date the motion for modification was served or to any date thereafter.
(7) The judgment is final as to any installment or payment of money
that has accrued up to the time the nonmoving party, other than the
state, is served with a motion to set aside, alter or modify the
judgment. The court may not set aside, alter or modify any portion of the
judgment that provides for any payment of money, either for minor
children or for the support of a party, that has accrued before the
motion is served. However:
(a) The court may allow a credit against child support arrearages
for periods of time, excluding reasonable parenting time unless otherwise
provided by order or judgment, during which the obligor, with the
knowledge and consent of the obligee or pursuant to court order, has
physical custody of the child; and
(b) The court may allow, as provided in the rules of the Child
Support Program, a dollar-for-dollar credit against child support
arrearages for any lump sum Social Security or Veterans’ benefits paid
retroactively to the child, or to a representative payee administering
the funds for the child’s use and benefit, as a result of an obligor’s
disability or retirement.
(8) In a proceeding under subsection (1) of this section, the court
may assess against either party a reasonable attorney fee and costs for
the benefit of the other party. If a party is found to have acted in bad
faith, the court shall order that party to pay a reasonable attorney fee
and costs of the defending party.
(9) Whenever a motion to establish, modify or terminate child
support or satisfy or alter support arrearages is filed 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 motion 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 motion is filed.
(10)(a) Except as provided in ORS 109.701 to 109.834, the courts of
Oregon, having once acquired personal and subject matter jurisdiction in
a domestic relations action, retain such jurisdiction regardless of any
change of domicile.
(b) The courts of Oregon, in a proceeding to establish, enforce or
modify a child support order, shall recognize the provisions of the
federal Full Faith and Credit for Child Support Orders Act (28 U.S.C.
1738B).
(11) In a proceeding under this section to reconsider provisions in
a judgment relating to custody or parenting time, the court may consider
repeated and unreasonable denial of, or interference with, parenting time
to be a substantial change of circumstances.
(12) In a proceeding under this section to reconsider provisions in
a judgment relating to parenting time, the court may suspend or terminate
a parent’s parenting time with a child if the court finds that the parent
has abused a controlled substance and that the parenting time is not in
the best interests of the child. If a court has suspended or terminated a
parent’s parenting time with a child for reasons described in this
subsection, the court may not grant the parent future parenting time
until the parent has shown that the reasons for the suspension or
termination are resolved and that reinstated parenting time is in the
best interests of the child. Nothing in this subsection limits the
court’s authority under subsection (1)(a) of this section.
(13) Within 30 days after service of notice under subsection (1) of
this section, the party served shall file a written response with the
court.
(14)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this
section; and
(B) For courts to enforce the terms of settlements described in
paragraph (b) of this subsection to the fullest extent possible, except
when to do so would violate the law or would clearly contravene public
policy.
(b) In a proceeding under subsection (1) of this section, the court
may enforce the terms set forth in a stipulated order or judgment signed
by the parties, an order or judgment resulting from a settlement on the
record or an order or judgment incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce an order or
judgment, including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A) and
(B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain remedies
described in paragraph (b) of this subsection by filing a motion, serving
notice on the other party in the manner provided by ORCP 7 and, if a
remedy under paragraph (b)(B) of this subsection 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.
(d) Nothing in paragraph (b) or (c) of this subsection limits a
party’s ability, in a separate proceeding, to file a motion to modify an
order or judgment under subsection (1) of this section or to seek
enforcement of an ancillary agreement to the order or judgment. [1971
c.280 §16; 1973 c.502 §9; 1981 c.775 §2a; 1981 c.855 §1; 1983 c.728 §3;
1983 c.761 §9; 1987 c.795 §10; 1987 c.885 §3; 1989 c.545 §1; 1991 c.888
§2; 1993 c.315 §2; 1995 c.22 §2; 1997 c.91 §1; 1997 c.475 §6; 1997 c.704
§52; 1997 c.707 §9; 1999 c.80 §65; 1999 c.587 §2; 1999 c.1030 §2; 2001
c.104 §32; 2001 c.203 §4; 2001 c.334 §4; 2003 c.14 §41; 2003 c.116 §4;
2003 c.419 §1; 2003 c.572 §13a; 2003 c.576 §§112,112a,112b; 2005 c.708 §6] Whenever
spousal support has been terminated under ORS 107.135, the court has the
power to order reinstatement of the support obligation if:
(1) The basis for the termination ceases to exist; and
(2) The reinstatement motion is filed within the period of time
support would have been paid had the support obligation not been
terminated. [1991 c.888 §1] (1) 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:
(a) The emotional ties between the child and other family members;
(b) The interest of the parties in and attitude toward the child;
(c) The desirability of continuing an existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary caregiver of the child, if the
caregiver is deemed fit by the court; and
(f) The willingness and ability of each parent to facilitate and
encourage a close and continuing relationship between the other parent
and the child. However, the court may not consider such willingness and
ability if one parent shows that the other parent has sexually assaulted
or engaged in a pattern of behavior of abuse against the parent or a
child and that a continuing relationship with the other parent will
endanger the health or safety of either parent or the child.
(2) The best interests and welfare of the child in a custody matter
shall not be determined by isolating any one of the relevant factors
referred to in subsection (1) of this section, or any other relevant
factor, and relying on it to the exclusion of other factors. However, if
a parent has committed abuse, as defined in ORS 107.705, there is a
rebuttable presumption that it is not in the best interests and welfare
of the child to award sole or joint custody of the child to the parent
who committed the abuse.
(3) In determining custody of a minor child under ORS 107.105 or
107.135, the court shall consider the conduct, marital status, income,
social environment or life style of either party only if it is shown that
any of these factors are causing or may cause emotional or physical
damage to the child.
(4) No preference in custody shall be given to the mother over the
father for the sole reason that she is the mother, nor shall any
preference be given to the father over the mother for the sole reason
that he is the father. [1975 c.722 §2; 1987 c.795 §14; 1997 c.707 §35;
1999 c.762 §2] (1)(a)
A court, upon the motion of a party, may enter a temporary status quo
order to either party in a proceeding to modify a judgment that awards
custody of a child after:
(A) Notifying the other party; and
(B) Giving the other party an opportunity to contest issuance of
the order.
(b) The motion for a temporary status quo order must be supported
by an affidavit setting forth with specificity the information required
by ORS 109.767 and the person with whom the child has lived during the
preceding year and the child’s current schedule, daily routine and usual
place of residence.
(c) Notice to the party against whom the motion for the order is
sought must be served at least 21 days before the date set for the
hearing. The issue at the hearing is limited to a determination of the
status quo at the time the motion for the order was filed.
(2) A temporary status quo order restrains and enjoins each parent
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 parent;
(d) Interfering with the other parent’s usual contact and parenting
time with the child;
(e) Leaving the state with the child without the written permission
of the other parent or the permission of the court; or
(f) In any manner disturbing the current schedule and daily routine
of the child until the motion for modification has been granted or denied.
(3) For purposes of this section:
(a) “Child’s usual place of residence” means the place where the
child is living at the time the motion for the temporary order is filed
and has lived continuously for a period of three consecutive months,
excluding any periods of time during which the noncustodial parent did
exercise, or would otherwise have exercised, parenting time.
(b) “Parent’s usual contact and parenting time,” “present placement
and daily schedule of the child” and “current schedule and daily routine
of the child” mean the contact, parenting time, placement, schedule and
routine at the time the motion for the temporary order is filed. [1995
c.792 §2; 1997 c.136 §2; 1997 c.386 §1; 1997 c.707 §§10,10a; 1999 c.649
§47](1)(a) Following entry of a judgment, a court may enter
ex parte a temporary order providing for the custody of, or parenting
time with, a child if:
(A) A parent of the child is present in court and presents an
affidavit alleging that the child is in immediate danger;
(B) The parent has made a good faith effort to confer with the
other party regarding the purpose and time of this court appearance; and
(C) The court finds by clear and convincing evidence, based on the
facts presented in the parent’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 107.139 (3).
___________________________________________________________________________
___
(2)(a) A party against whom an order is entered under subsection
(1) of this section may request a hearing by filing with the court a
hearing request form described in subsection (3) of this section at any
time while the order is in effect.
(b) The court shall hold a hearing within 14 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 (1) 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 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.
(3) 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 HEARING
) ON TEMPORARY
and ) CUSTODY AND
) PARENTING TIME
) ORDER
)
_________, )
Respondent. )___I request a hearing. 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.__________________SignatureDate:__________________Address:____________________________________Telephone:_____________________________________________________________________________________________
___[1997 c.386 §2; 1997 c.707 §6a] 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. [1987 c.795 §2]Unless otherwise ordered by the court, an order of sole custody
to one parent shall not deprive the other parent of the following
authority:
(1) To inspect and receive school records and to consult with
school staff concerning the child’s welfare and education, to the same
extent as the custodial parent may inspect and receive such records and
consult with such staff;
(2) To inspect and receive governmental agency and law enforcement
records concerning the child to the same extent as the custodial parent
may inspect and receive such records;
(3) To consult with any person who may provide care or treatment
for the child and to inspect and receive the child’s medical, dental and
psychological records, to the same extent as the custodial parent may
consult with such person and inspect and receive such records;
(4) To authorize emergency medical, dental, psychological,
psychiatric or other health care for the child if the custodial parent
is, for practical purposes, unavailable; or
(5) To apply to be the child’s conservator, guardian ad litem or
both. [1987 c.795 §3] (1) In any court order or
judgment granting custody of a minor child and parenting time or
visitation rights relating to the child, except for an order under ORS
107.700 to 107.735, the court shall include in its order a provision
requiring that neither parent may move to a residence more than 60 miles
further distant from the other parent without giving the other parent
reasonable notice of the change of residence and providing a copy of such
notice to the court.
(2) Notwithstanding subsection (1) of this section, a parent is not
required to give notice of a change of residence if the court, upon ex
parte or other motion of the parent and for good cause, enters an order
suspending the requirement. [1987 c.795 §4; 1997 c.707 §11; 2003 c.576
§113] 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. [1987
c.795 §5] (1) As used in this
chapter, “joint custody” means an arrangement by which parents share
rights and responsibilities for major decisions concerning the child,
including, but not limited to, the 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 designate one
parent to have sole power to make decisions about specific matters while
both parents retain equal rights and responsibilities for other decisions.
(2) The existence of an order of joint custody shall not, by
itself, determine the responsibility of each parent to provide for the
support of the child.
(3) The court shall not order joint custody, unless both parents
agree to the terms and conditions of the order.
(4) When parents have agreed to joint custody in an order or a
judgment, the court may not overrule that agreement by ordering sole
custody to one parent.
(5) Modification of a joint custody order shall require showing of
changed circumstances and a showing that the modification is in the best
interests of the child such as would support modification of a sole
custody order. Inability or unwillingness to continue to cooperate shall
constitute a change of circumstances sufficient to modify a joint custody
order.
(6)(a) The inability of a parent to comply with the terms and
conditions of a joint custody order due to the parent’s temporary absence
does not constitute a change of circumstances if the parent’s temporary
absence is caused by the parent being:
(A) Called into active state duty as defined in ORS 398.002; or
(B) Called into active federal service under Title 10 of the United
States Code as a member of the Oregon National Guard.
(b) As used in this subsection, “temporary absence” means a period
not exceeding 30 consecutive months. [1987 c.795 §6; 2003 c.576 §114;
2005 c.79 §3](1) Except as otherwise provided in this
subsection, the court shall order modification under ORS 107.135 of so
much of a judgment as relates to the parenting time with a minor child,
if the parents submit to the court a notarized stipulation signed by both
of the parents and requesting such modification together with a form of
order. The content and form of such stipulation and order shall be as
prescribed by the State Court Administrator. At its discretion, the court
may order the matter set for a hearing and require the parties to appear
personally before the court.
(2) This section shall not apply when the child to whom a duty of
support is owed is in another state which has enacted the Uniform Child
Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and
Enforcement Act and a court in that state would have subject matter and
personal jurisdiction under that Act to determine custody and parenting
time rights. [1987 c.795 §12; 1997 c.707 §12; 1999 c.649 §48; 2003 c.576
§115] (1) When
either party to a child custody issue, other than one involving temporary
custody, whether the issue arises from a case of marital annulment,
dissolution or separation, or from a determination of paternity, 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 request
for joint custody, shall proceed under this section. The request under
this subsection must be made, in the petition or the response, or
otherwise not less than 30 days before the date of trial in the case,
except for good cause shown. The court in such circumstances, except as
provided in subsection (3) of this section, shall direct the parties to
participate in mediation in an effort to resolve their differences
concerning custody. The court may order such participation in mediation
within a mediation program established by the court or as conducted by
any mediator approved by the court. Unless the court or the county
provides a mediation service available to the parties, the court may
order that the costs of the mediation be paid by one or both of the
parties, as the court finds equitable upon consideration of the relative
ability of the parties to pay those costs. If, after 90 days, the parties
do not arrive at a resolution of their differences, the court shall
proceed to determine custody.
(2) At its discretion, the court may:
(a) Order mediation under this section prior to trial and postpone
trial of the case pending the outcome of the mediation, in which case the
issue of custody shall be tried only upon failure to resolve the issue of
custody by mediation;
(b) Order mediation under this section prior to trial and proceed
to try the case as to issues other than custody while the parties are at
the same time engaged in the mediation, in which case the issue of
custody shall be tried separately upon failure to resolve the issue of
custody by mediation; or
(c) Complete the trial of the case on all issues and order
mediation under this section upon the conclusion of the trial, postponing
entry of the judgment pending outcome of the mediation, in which case the
court may enter a limited judgment as to issues other than custody upon
completion of the trial or may postpone entry of any judgment until the
expiration of the mediation period or agreement of the parties as to
custody.
(3) If either party objects to mediation on the grounds that to
participate in mediation would subject the party to severe emotional
distress and moves the court to waive mediation, the court shall hold a
hearing on the motion. If the court finds it likely that participation in
mediation will subject the party to severe emotional distress, the court
may waive the requirement of mediation.
(4) Communications made by or to a mediator or between parties as a
part of mediation ordered under this section are privileged and are not
admissible as evidence in any civil or criminal proceeding. [1987 c.795
§13; 2003 c.576 §116]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 dissolution. [1973 c.502
§15(2); 2003 c.576 §117]When a court is sitting in proceedings for annulment or
dissolution of a marriage, or for separation, it shall have full equity
powers. [1971 c.280 §1] (1) The
Legislative Assembly finds that it is in the best interests of a former
spouse for whom a court has awarded spousal support, as well as the
people of this state, that the spousal support obligations be fulfilled.
(2) It is the policy of this state that a former spouse for whom a
court has awarded spousal support must be supported by the other former
spouse in accordance with the court’s judgment. [2005 c.265 §3]Note: 107.406 was added to and made a part of ORS chapter 107 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.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 provided under the judgment, the individual
paying the support may petition the court that issued the judgment to set
aside so much of the judgment as may provide for the support of the
former spouse. The petition shall not be granted if spousal support was
granted in the judgment in lieu of a share of property in order to
provide the other spouse with a tax benefit. [1975 c.500 §2; 1983 c.728
§7; 2003 c.576 §118](1) Upon petition of an individual and after service of
notice on the other party in the manner provided by law for service of a
summons, the court shall conduct a proceeding to determine whether so
much of its judgment as provides for the support of a party shall be set
aside.
(2) Except as provided in subsections (3) and (4) of this section,
if the court finds that the party receiving support has not made a
reasonable effort during the previous 10 years to become financially
self-supporting and independent of the support provided under the
judgment, the court shall order that support terminated. In making its
finding under this subsection, the court shall consider the following
matters:
(a) The age of the party receiving support;
(b) The health, work experience and earning capacity of the party;
(c) The ages, health and dependency conditions of the minor
children of the party; and
(d) Efforts made by the party during the previous 10 years to
improve opportunities for gainful or improved employment including, but
not limited to, attendance at any school, community college or university
or attendance at courses of professional or technical training.
(3) A court does not have power under ORS 107.407 and this section
to set aside any payment of money for the support of a party that has
accrued prior to the filing of the petition under subsection (1) of this
section.
(4) ORS 107.407 and this section do not affect a judgment, or any
portion of it, that provides for the payment of money for the support of
minor children or for the support of a party who is 60 years of age or
older when the proceeding under subsection (1) of this section is held.
(5) In a proceeding held under subsection (1) of this section, the
court may assess against either party a reasonable attorney fee for the
benefit of the other party. [1975 c.500 §3; 1995 c.343 §22; 2003 c.576
§119](1) If a party is required by a judgment of a court in a
domestic relations suit, as defined in ORS 107.510, to contribute to the
support, nurture or education of a minor child while the other party has
custody thereof, the custodial parent shall notify the party contributing
such money when the minor child receives income from the gainful
employment of the child, or is married or enters the military service.
(2) Any custodial parent who does not provide notice, as required
by subsection (1) of this section may be required by the court to make
restitution to the contributing party of any money paid, as required by
the judgment. The court may enter a supplemental judgment or satisfy all
or part of the support award to accomplish the restitution. [1971 c.314
§1; 2003 c.576 §120](1) In suits
or proceedings described in subsection (4) of this section in which there
are minor children involved, the court may cause an investigation to be
made as to the character, family relations, past conduct, earning ability
and financial worth of the parties for the purpose of protecting the
children’s future interest. The court may defer the entry of a general
judgment until the court is satisfied that its judgment in such suit or
proceeding will properly protect the welfare of such children. The
investigative findings shall be offered as and subject to all rules of
evidence. Costs of the investigation may be charged against one or more
of the parties or as a cost in the proceedings but shall not be charged
against funds appropriated for public defense services.
(2) The court, on its own motion or on the motion of a party, may
order an independent physical, psychological, psychiatric or mental
health examination of a party or the children and may require any party
and the children to be interviewed, evaluated and tested by an expert or
panel of experts. The court may also authorize the expert or panel of
experts to interview other persons and to request other persons to make
available to the expert or panel of experts records deemed by the court
or the expert or panel of experts to be relevant to the evaluation. The
court may order the parties to authorize the disclosure of such records.
In the event the parties are unable to stipulate to the selection of an
expert or panel of experts to conduct the examination or evaluation, the
court shall appoint a qualified expert or panel of experts. The court
shall direct one or more of the parties to pay for the examination or
evaluation in the absence of an agreement between the parties as to the
responsibility for payment but shall not direct that the expenses be
charged against funds appropriated for public defense services. If more
than one party is directed to pay, the court may determine the amount
that each party will pay based on financial ability.
(3)(a) In addition to an investigation, examination or evaluation
under subsections (1) and (2) of this section, the court may appoint an
individual or a panel or may designate a program to assist the court in
creating parenting plans or resolving disputes regarding parenting time
and to assist parents in creating and implementing parenting plans. The
services provided to the court and to parents under this section may
include:
(A) Gathering information;
(B) Monitoring compliance with court orders;
(C) Providing the parents, their attorneys, if any, and the court
with recommendations for new or modified parenting time provisions; and
(D) Providing parents with problem solving, conflict management and
parenting time coordination services or other services approved by the
court.
(b) Services provided under this section may require the provider
to possess and utilize mediation skills, but the services are not
comprised exclusively of mediation services under ORS 107.755 to 107.795.
If only mediation services are provided, the provisions of ORS 107.755 to
107.795 apply.
(c) The court may order one or more of the parties to pay for
services provided under this subsection, if the parties are unable to
agree on their respective responsibilities for payment. The court may not
order that expenses be charged against funds appropriated for public
defense services.
(d) The presiding judge of each judicial district shall establish
qualifications for the appointment and training of individuals and panels
and the designation of programs under this section. In establishing
qualifications, a presiding judge shall take into consideration any
guidelines recommended by the statewide family law advisory committee.
(4) The provisions of this section apply when:
(a) A person files a domestic relations suit, as defined in ORS
107.510;
(b) A motion to modify an existing judgment in a domestic relations
suit is before the court;
(c) A parent of a child born out of wedlock initiates a civil
proceeding to determine custody or support under ORS 109.103;
(d) A person petitions or files a motion for intervention under ORS
109.119;
(e) A person or the administrator files a petition under ORS
109.125 to establish paternity and paternity is established; or
(f) A habeas corpus proceeding is before the court.
(5) Application of the provisions of subsection (1), (2) or (3) of
this section to the proceedings under subsection (4) of this section does
not prevent initiation, entry or enforcement of an order of support.
(6) The court, on its own motion or on the motion of a party, may
appoint counsel for the children. However, if requested to do so by one
or more of the children, the court shall appoint counsel for the child or
children. A reasonable fee for an attorney so appointed may be charged
against one or more of the parties or as a cost in the proceedings but
shall not be charged against funds appropriated for public defense
services.
(7) Prior to the entry of an order, the court on its own motion or
on the motion of a party may take testimony from or confer with the child
or children of the marriage and may exclude from the conference the
parents and other persons if the court finds that such action would be
likely to be in the best interests of the child or children. However, the
court shall permit an attorney for each party to attend the conference
and question the child, and the conference shall be reported. [1971 c.280
§3; 1973 c.502 §11; 1981 c.775 §5; 1981 s.s. c.3 §34; 1983 c.369 §1; 1983
c.386 §1; 1989 c.188 §1; 1989 c.1084 §1; 1999 c.569 §4; 2001 c.873
§§6,6a,6c; 2003 c.73 §§51,52; 2003 c.576 §§121,122](1) At any time after a judgment of
annulment or dissolution of a marriage or a separation is granted, the
court may set aside, alter or modify so much of the judgment relating to
parenting time with a minor child as it deems just and proper or may
terminate or modify that part of the order or judgment requiring payment
of money for the support of the minor child with whom parenting time is
being denied after:
(a) Motion to set aside, alter or modify is made by the parent
having parenting time rights;
(b) Service of notice on the parent or other person having custody
of the minor child is made in the manner provided by law for service of a
summons;
(c) Service of notice on the Administrator of the Division of Child
Support of the Department of Justice when the child support rights of one
of the parties or of a child of both of the parties have been assigned to
the state. As an alternative to the service of notice on the
administrator, service may be made upon the branch office of the division
which provides service to the county in which the motion was filed.
Service may be accomplished by personal delivery or first class mail; and
(d) A showing that the parent or other person having custody of the
child or a person acting in that parent or other person’s behalf has
interfered with or denied without good cause the exercise of the parent’s
parenting time rights.
(2) When a party moves to set aside, alter or modify the child
support provisions of the judgment:
(a) The party shall state in the motion, to the extent known:
(A) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the child,
including a proceeding brought under ORS 25.287, 107.135, 109.100,
125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or any other jurisdiction a
support order, as defined in ORS 110.303, involving the child, other than
the judgment the party is moving to set aside, alter or modify.
(b) The party shall include with the motion a certificate regarding
any pending support proceeding and any existing support order other than
the judgment the party is moving to set aside, alter or modify. The party
shall use a certificate that is in a form established by court rule and
include information required by court rule and paragraph (a) of this
subsection.
(3) The court may request the appearance of the administrator in
any proceeding under this section in which it finds that the child
support rights of one of the parties or of a child of both of the parties
have been assigned to the state.
(4) This section does not apply when the child to whom a duty of
support is owed is in another state that has enacted the Uniform Child
Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and
Enforcement Act and a court in that state would have subject matter and
personal jurisdiction under that Act to determine custody and parenting
time rights. [1977 c.878 §4; 1979 c.482 §2; 1997 c.707 §13; 1999 c.649
§49; 2001 c.334 §5; 2003 c.116 §5; 2003 c.576 §123](1) The presiding judge of each judicial district
shall establish an expedited parenting time enforcement procedure that
may or may not include a requirement for mediation. The procedure must be
easy to understand and initiate. Unless the parties otherwise agree, the
court shall conduct a hearing no later than 45 days after the filing of a
motion seeking enforcement of a parenting time order. The court shall
charge a filing fee of $45, subject to ORS 21.605. The court shall
provide forms for:
(a) A motion filed by either party alleging a violation of
parenting time or substantial violations of the parenting plan. When a
person files this form, the person must include a copy of the order
establishing the parenting time.
(b) An order requiring the parties to appear and show cause why
parenting time should not be enforced in a specified manner. The party
filing the motion shall serve a copy of the motion and the order on the
other party. The order must include:
(A) A notice of the remedies imposable under subsection (2) of this
section and the availability of a waiver of any mediation requirement; and
(B) A notice in substantially the following form:
___________________________________________________________________________
___When pleaded and shown in a separate legal action, violation of
court orders, including visitation and parenting time orders, may also
result in a finding of contempt, which can lead to fines, imprisonment or
other penalties, including compulsory community service.
___________________________________________________________________________
___
(c) A motion, affidavit and order that may be filed by either party
and providing for waiver of any mediation requirement on a showing of
good cause.
(2) In addition to any other remedy the court may impose to enforce
the provisions of a judgment relating to the parenting plan, the court
may:
(a) Modify the provisions relating to the parenting plan by:
(A) Specifying a detailed parenting time schedule;
(B) Imposing additional terms and conditions on the existing
parenting time schedule; or
(C) Ordering additional parenting time, in the best interests of
the child, to compensate for wrongful deprivation of parenting time;
(b) Order the party who is violating the parenting plan provisions
to post bond or security;
(c) Order either or both parties to attend counseling or
educational sessions that focus on the impact of violation of the
parenting plan on children;
(d) Award the prevailing party expenses, including, but not limited
to, attorney fees, filing fees and court costs, incurred in enforcing the
party’s parenting plan;
(e) Terminate, suspend or modify spousal support;
(f) Terminate, suspend or modify child support as provided in ORS
107.431; or
(g) Schedule a hearing for modification of custody as provided in
ORS 107.135 (11).
(3) In addition to the fee provided for in subsection (1) of this
section, for the period commencing September 1, 2003, and ending December
31, 2006, the court shall charge a surcharge of $14 upon the filing of a
motion seeking enforcement of a parenting time order. [1997 c.707 §3;
2003 c.116 §6; 2003 c.737 §§50,51; 2005 c.702 §§57,58]Note: The amendments to 107.434 by section 59, chapter 702, Oregon
Laws 2005, become operative January 1, 2007. See section 60, chapter 702,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user’s convenience.107.434. (1) The presiding judge of each judicial district shall
establish an expedited parenting time enforcement procedure that may or
may not include a requirement for mediation. The procedure must be easy
to understand and initiate. Unless the parties otherwise agree, the court
shall conduct a hearing no later than 45 days after the filing of a
motion seeking enforcement of a parenting time order. The court shall
charge a filing fee of $50, subject to ORS 21.605. The court shall
provide forms for:
(a) A motion filed by either party alleging a violation of
parenting time or substantial violations of the parenting plan. When a
person files this form, the person must include a copy of the order
establishing the parenting time.
(b) An order requiring the parties to appear and show cause why
parenting time should not be enforced in a specified manner. The party
filing the motion shall serve a copy of the motion and the order on the
other party. The order must include:
(A) A notice of the remedies imposable under subsection (2) of this
section and the availability of a waiver of any mediation requirement; and
(B) A notice in substantially the following form:
___________________________________________________________________________
___When pleaded and shown in a separate legal action, violation of
court orders, including visitation and parenting time orders, may also
result in a finding of contempt, which can lead to fines, imprisonment or
other penalties, including compulsory community service.
___________________________________________________________________________
___
(c) A motion, affidavit and order that may be filed by either party
and providing for waiver of any mediation requirement on a showing of
good cause.
(2) In addition to any other remedy the court may impose to enforce
the provisions of a judgment relating to the parenting plan, the court
may:
(a) Modify the provisions relating to the parenting plan by:
(A) Specifying a detailed parenting time schedule;
(B) Imposing additional terms and conditions on the existing
parenting time schedule; or
(C) Ordering additional parenting time, in the best interests of
the child, to compensate for wrongful deprivation of parenting time;
(b) Order the party who is violating the parenting plan provisions
to post bond or security;
(c) Order either or both parties to attend counseling or
educational sessions that focus on the impact of violation of the
parenting plan on children;
(d) Award the prevailing party expenses, including, but not limited
to, attorney fees, filing fees and court costs, incurred in enforcing the
party’s parenting plan;
(e) Terminate, suspend or modify spousal support;
(f) Terminate, suspend or modify child support as provided in ORS
107.431; or
(g) Schedule a hearing for modification of custody as provided in
ORS 107.135 (11).(1) A person entitled to physical custody of
a child may make an ex parte application for an order of assistance to a
court of any county:
(a) In which a child is located if the person is entitled to the
physical custody of the child under a valid and current order issued in
this state; or
(b) In which a valid and current foreign custody order has been
filed with a petition as provided in subsection (3) of this section.
(2) The application must include a certified copy of the custody
order. The order of assistance may direct a law enforcement agency having
jurisdiction where the child is located to use any reasonable means and
force to deliver the child as directed by the court. The court may issue
an order of assistance upon the sworn affidavit of the applicant and a
finding of the court that:
(a) The applicant is entitled to physical custody of the child
under a valid and current custody order; and
(b) The child is being held by another person in substantial
violation of the custody order.
(3) When the application for an order of assistance is made to a
court in which the custody order has been entered or registered, the
applicant shall make the application in the form of a motion. In all
other cases, the applicant shall make the application in the form of a
petition. The court may not charge a filing fee for a motion or petition
filed under this section.
(4) The law enforcement agency to which an order of assistance is
directed shall make a return to the court specifying whether the order
was executed, and if so, a statement reflecting the date on which the
order was executed and any other information required by the court in the
order of assistance.
(5) A court may not issue an order of assistance for the purpose of
enforcing parenting time or visitation rights.
(6) Except for intentional torts committed outside the scope of the
peace officer’s duties, a peace officer is not civilly or criminally
liable for any action taken in recovering the custody of a child pursuant
to an order issued under this section. [1997 c.529 §1; 1999 c.59 §20;
1999 c.1081 §6] In
any proceeding brought under ORS 107.095, 108.110 and 108.120, and in any
contempt proceeding in any suit for marital annulment, dissolution or
separation, the court may render a judgment awarding to a party, or
directly to the party’s attorney, a sum of money determined to be
reasonable as an attorney fee at trial and on appeal therein. When a
district attorney initiates or prosecutes a proceeding pursuant to ORS
33.015 to 33.155 for enforcement of a restraining order issued under ORS
107.716, 107.718, 124.015 or 124.020 or for enforcement of a support
order, the court may enter a judgment for a reasonable attorney fee to be
paid by the respondent to the county in which the district attorney holds
office. A judgment so entered is enforceable by the party or attorney in
whose favor the judgment is given against property of the other party or
against any property held jointly or in common between the parties. [1971
c.280 §18; 1981 c.775 §6; 1981 c.781 §2; 1981 c.897 §32; 1983 c.728 §4;
1987 c.331 §2; 1991 c.724 §21; 1995 c.666 §16; 1997 c.18 §1; 2003 c.576
§124](1) Upon motion of a party to a proceeding under ORS
107.135 (1) that is not otherwise covered under the provisions of ORS
25.100 (1), based upon convenience of the parties, the court that has
entered the original judgment may order that the matter be transferred to
an auxiliary circuit court where either party resides for the purpose of
hearing the matter.
(2) Upon entry of an order under this section and payment by the
moving party of the copying and certification costs, the clerk of the
court that ordered the transfer shall transmit certified copies of the
files, records and prepared transcripts of testimony in the original
proceeding to the clerk of the court receiving the matter. Upon receipt
of such certified copies, the circuit court of the county to which such
certified copies have been transmitted shall have jurisdiction the same
as if it were the court that made and entered the original order or
judgment.
(3) The only court having jurisdiction to modify any provision of
the original order or judgment is the court having original jurisdiction
of the cause in which such order or judgment was entered or the circuit
court of the county in which either party resides if that court has
received the certified copies referred to in subsection (2) of this
section. The provisions of ORS 25.100 (2) to (4) shall apply to all
records maintained and orders issued in the auxiliary proceeding. [1993
c.548 §1; 2003 c.576 §125](1) A court that entered a judgment of marital annulment,
dissolution or separation shall reopen the case upon the motion of either
party if the moving party alleges that significant assets belonging to
either or both of the parties:
(a) Existed at the time of the entry of the judgment; and
(b) Were not discovered until after the entry of the judgment.
(2) If the court finds that the assets were inadvertently omitted
from the distribution of the marital estate, the court shall make such
distribution of the omitted assets as is just and proper in all the
circumstances.
(3) If the court finds that the assets were intentionally concealed
and thereby not included in the distribution of the marital estate, the
court may order:
(a) The division of the appreciated value of the omitted assets;
(b) The forfeiture of the omitted assets to the injured party;
(c) A compensatory judgment in favor of the injured party;
(d) A judgment in favor of the injured party as punitive damages; or
(e) Any other distribution as may be just and proper in all the
circumstances.
(4) The court may award attorney fees on any motion filed pursuant
to this section. The court shall award attorney fees to the moving party
if the court finds that assets were intentionally concealed and thereby
not included in the distribution of the marital estate.
(5)(a) A motion alleging inadvertent omission of assets must be
filed within two years after the date of discovery of the omission but no
later than three years after the entry of the judgment.
(b) A motion alleging intentional concealment of assets must be
filed within two years after the date of discovery of the omission but no
later than 10 years after the entry of the judgment.
(6) A motion under this section may be filed with and decided by
the trial court during the time an appeal from a judgment is pending
before an appellate court. The moving party shall serve a copy of the
motion on the appellate court. The moving party shall file a copy of the
trial court’s order in the appellate court within seven days after the
date of the trial court order. Any necessary modification of the appeal
required by the trial court order shall be pursuant to rule of the
appellate court. [1995 c.800 §6]SEPARATIONThe 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 a court of this or any other state
upon constructive service of summons does not affect an award of support
or maintenance in a judgment of separation made pursuant to ORS 107.095
or 107.105. [Formerly 107.310; 2003 c.576 §126](1) Upon motion of a party for an order to show cause why a
judgment of separation should not be converted to a judgment of
dissolution and after service of notice to the other party at least 30
days before the scheduled hearing, the court may, within two years after
the entry of a judgment of separation, convert a judgment of separation
into a judgment of dissolution of the marriage. The other party may file
a written consent to conversion and waiver of the hearing at any time
before the hearing. A supplemental judgment of dissolution entered under
this section does not set aside, alter or modify any part of the judgment
of separation that has created or granted rights that have vested.
(2) Nothing in this section is intended to prevent either party to
a judgment of separation from commencing at any time in the manner
required by law a suit for dissolution of the marriage. [1973 c.502 §16;
1999 c.569 §5; 2003 c.576 §127]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 law for service of summons, the court
may renew or extend the duration. When the judgment is for unlimited
separation, a party may by motion alleging that the cause for separation
no longer exists and after due service of notice upon the other party in
the manner provided by law for service of summons, apply for an order
modifying or vacating the judgment, subject to the provisions of ORS
107.135. [1973 c.502 §14; 2003 c.576 §128]SUMMARY DISSOLUTION PROCEDURE A marriage
may be dissolved by the summary dissolution procedure specified in this
section and ORS 107.490 and 107.500 when all of the following conditions
exist at the time the proceeding is commenced:
(1) The jurisdictional requirements of ORS 107.025 and 107.075 are
met.
(2) There are no minor children born to the parties or adopted by
the parties during the marriage. There are no children over age 18
attending school, as described in ORS 107.108, either born to the parties
or adopted by the parties during the marriage. There are no minor
children born to or adopted by the parties prior to the marriage. The
wife is not now pregnant.
(3) The marriage is not more than 10 years in duration.
(4) Neither party has any interest in real property wherever
situated.
(5) There are no unpaid obligations in excess of $15,000 incurred
by either or both of the parties from the date of the marriage.
(6) The total aggregate fair market value of personal property
assets in which either of the parties has any interest, excluding all
encumbrances, is less than $30,000.
(7) The petitioner waives any right to spousal support.
(8) The petitioner waives any rights to pendente lite orders except
those pursuant to ORS 107.700 to 107.735 or 124.005 to 124.040.
(9) The petitioner knows of no other pending domestic relations
suits involving the marriage in this or any other state. [1983 c.692 §1;
1985 c.610 §12; 1995 c.666 §17; 1997 c.704 §53]A proceeding for summary dissolution of the marriage shall be
commenced by filing in the circuit court a petition in the form
prescribed by 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 met. The court,
upon its own motion, may require a showing by appearance or affidavit of
the petitioner. [1983 c.692 §2] Each circuit court shall make available with
appropriate forms an instructional brochure prescribed by the State Court
Administrator and describing the procedures set forth in this section and
ORS 107.485 and 107.490. The content of the forms used pursuant to this
section and ORS 107.485 and 107.490 shall be substantially as follows:
___________________________________________________________________________
___IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) PETITION FOR
) SUMMARY
) DISSOLUTION
and ) OF MARRIAGE
)
_________, )
Respondent. )
)1. (____________, Petitioner,) (____________, Respondent,) has been
a resident of Oregon continuously for the past six months before filing
this petition.
2. Statistical Facts:
a.Date of marriage:
______________________
b. Place of marriage:
______________________
c. Wife’s address:
______________________
d. Wife’s maiden name:
______________________
e. Wife’s former legal names:
______________________
f. Wife’s age:
______________________
g. Husband’s address:
______________________
h. Husband’s former legal names:
______________________
i. Husband’s age:
______________________
3. My spouse and I have not been married more than 10 years.
4. Petitioner does not know of any pending (not yet decided by a
judge) domestic relations suits involving this marriage in this or any
other state.
5. There are no minor children born to the parties or born during
the marriage. There are no adopted minor children. The wife is not now
pregnant.
6. Petitioner requests a dissolution because irreconcilable
differences between the parties have caused the irremediable breakdown of
the marriage.
7. The personal property of the parties is not worth more than
$30,000. Petitioner requests that the Court divide the property as
follows:
(a) The wife should be awarded the following personal property:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________Additional pages have been attached and labeled “7a. continued.”
(b) The husband should be awarded the following personal property:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________Additional pages have been attached and labeled “7b. continued.”
(c) The husband and wife should each sign any documents necessary
to remove his or her name as owner of personal property awarded to the
other party.
8. Neither the husband nor the wife own any real property.
9. The debts incurred by the husband and wife together or
separately from the date of the marriage are not greater than $15,000.
Petitioner requests the following division of debts:
(a) The wife be required to pay the debts listed below. The husband
is awarded a judgment against the wife in the sum of $______. The wife
can satisfy this judgment by paying off the following debts:Name of Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________ (b) The husband be required to pay the debts listed below. The wife
is awarded a judgment against the husband in the sum of $______. The
husband can satisfy the judgment by paying off the following debts:Name of Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________10. I relinquish all rights I may have to spousal support and waive
any right to pendente lite orders (temporary orders) except those
pursuant to ORS 107.700 to 107.735 (the Family Abuse Prevention Act) or
124.005 to 124.040 (the Elderly Persons and Persons With Disabilities
Abuse Prevention Act).
(Complete only if petitioner is paying fees and wants reimbursement
from spouse or if fees are being deferred for the petitioner.)
11. (a) If petitioner has paid court costs and service fees,
petitioner requests that costs and fees paid by petitioner be repaid by
respondent spouse, ________, and that a judgment in the amount of such
costs and fees be entered in favor of petitioner, ________, in the amount
of $______.
(b) If fees are being deferred for petitioner:
Petitioner requests that judgment be entered against(____________, Petitioner)(____________, Respondent) in favor of the state in the amount of $______.
12. Petitioner requests that:wife’s legal name be restored to_____________________husband’s legal name be restored to_______________________________________
(Petitioner’s signature)
Address:
__________________
__________________
__________________
Telephone:______________________________________________________________________________________
__IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________In the Matter of )
the Marriage of )
) No.________
_________, )
Petitioner, ) SUMMONS FOR SUMMARY
) DISSOLUTION
) Marriage Dissolution Suit
and )
)
_________, )
Respondent. )
)TO: Name of Respondent
_____________________
Address of Respondent
_____________________
_______________, OregonYOU HAVE BEEN SUED. The court may decide against you without your
being heard unless you respond within 30 days of the day you received
these papers. Read the information below.
NOTICE TO RESPONDENT:
READ THESE PAPERS CAREFULLY
Your spouse has filed a petition with the court to end your
marriage and asking to divide your property and debts, if any. You must
“appear” in this case or the court will grant your spouse’s requests. To
“appear,” you must file with the court a legal paper called a “motion” or
“answer.” The “motion” or “answer” must be given to the Court Clerk or
Administrator at: (location) ______________within 30 days of the day you
received these papers, along with the required filing fee. The “motion”
or “answer” must be in proper form and you must show that your spouse has
been served with a copy of it.__________________
Name of Petitioner
__________________
Address of Petitioner
__________________
City/State/Zip CodeImportant Information about Respondent (A recent photo may be
attached in addition to the requested information.)
Height:_______________
Weight:_______________
Race:_______________
Date of Birth:___________
Automobile license number and description:
_________________________
Other identifying information:
_________________________
Best time and place to locate:
____________________________________________________________________________________________________
___IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) AFFIDAVIT OF PROOF
) OF SERVICE
)
and )
)
_________, )
Respondent. )
)STATE OF OREGON )
) ss.
County of )I, _____________________, swear/affirm under oath that:
I am a resident of the State of Oregon. I am a competent person
over 18 years of age. I am not an attorney for or a party to this case,
or an officer, director or employee of any party to this case. On the
_____ day of________, 2__, I served the Summons and Petition in this case
personally upon the above named respondent in ________ County by
delivering to the respondent a copy of those papers, each of which was
certified to be a true copy of each original._____________________Signature of ___________
SUBSCRIBED AND SWORN TO before me this _____ day of________, 2__.___________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ________________________________________________________________________________
_IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) MOTION AND ORDER FOR
) WAIVER OF FEES
)
and )
)
_________, )
Respondent. )
)Petitioner moves the Court for an order waiving payment of filing
fees, service fees, and other costs._______________
PetitionerPOINTS AND AUTHORITIES
ORS 21.605; the Court shall waive all fees and costs if the Court
finds that the party is unable to pay such fees and costs.
ORDER
IT IS SO ORDERED.
DATED: This ___ day of_____, 2__._______________
COURT___________________________________________________________________________
__IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) AFFIDAVIT FOR
) WAIVER OF
and ) FEES AND COSTS
)
_________, )
Respondent. )
)STATE OF OREGON )
) ss.
County of )I, _____________________, being first duly sworn upon oath, depose
and declare that I am the petitioner for a Judgment of Summary
Dissolution and am unable to pay necessary filing fees, service fees and
court costs. My total monthly income from all sources is $________. I
have $________ as assets and $________ as savings. I support _____
people. My monthly expenses are $_____ housing, $_____ food, $_____
utilities, $_____ transportation, $_____ laundry, cleaning and personal
requirements, $_____ medical expenses, $_____ clothing, $_____ telephone,
$_____ total installment payments, $_____ other expenses, for total
monthly expenses of $________.__________________Signature of ___________
SUBSCRIBED AND SWORN TO before me this _____ day of________, 2__.___________________
NOTARY PUBLIC FOR OREGON
My Commission Expires _________________________________________________________________________________
__IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) PETITIONER’S
) AFFIDAVIT, MOTION
) AND ORDER FOR
and ) DEFAULT JUDGMENT
) OF DISSOLUTION
)
_________, )
Respondent. )
)STATE OF OREGON )
) ss.
County of )I, _____, swear/affirm under oath that:
I am the Petitioner. The Respondent is not now nor was at the time
of the commencement of this suit in the military service of the United
States; nor is the Respondent a legally mentally incapacitated person;
nor is the Respondent under 18 years of age.
The Respondent was served with Summons and Petition for Dissolution
on the _____ day of________, 2__, in ________ County, Oregon, and has
failed to answer or appear.__________________
PetitionerSUBSCRIBED AND SWORN TO before me this ___ day of________, 2__.___________________
NOTARY PUBLIC FOR OREGON
My Commission Expires _____Petitioner moves the Court for an Order entering the default of
Respondent.__________________
Petitioner
__________________
Address of Petitioner
__________________
City, State ZipORDER
IT IS SO ORDERED.
DATED: This ___ day of_____, 2__._______________
CIRCUIT COURT JUDGE___________________________________________________________________________
___IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) JUDGMENT OF
) SUMMARY DISSOLUTION
)
and )
)
_________, )
Respondent. )
)
)Statistical Facts:
a. Date of marriage:
______________________
b. Place of marriage:
______________________
c. Wife’s address:
______________________
d. Wife’s maiden name:
______________________
e. Wife’s former legal names:
______________________
f. Wife’s age:
______________________
g. Husband’s address:
______________________
h. Husband’s former legal names:
______________________
i. Husband’s age:
______________________
This matter came before the Court for default. Petitioner appeared
(in person) (by affidavit), and Respondent did not appear. THE COURT HAS
BEEN FULLY ADVISED, AND JUDGMENT IS RENDERED AS FOLLOWS:
1. Dissolution: This marriage is dissolved and shall terminate
on___________.
2. Prior Wills: Any will previously executed by either spouse with
provisions in favor of the other spouse is revoked with respect to those
provisions, unless the will expresses a different intent.
3. Division of Property: (a) The wife is awarded and shall own by
herself the following personal property:
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
Additional pages have been attached as C-1.
(b) The husband is awarded and shall own by himself the following
personal property:
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
Additional pages have been attached as C-2.
(c) Husband and wife each shall sign any documents necessary to
remove his or her name as owner of personal property awarded to the
other. If either fails to sign the necessary documents, a certified copy
of the Judgment shall serve as a conveyance of the property.
4. Payment of Debts: (a) The wife shall pay the debts listed below.
The husband is awarded a judgment against the wife in the sum of $______.
The wife can satisfy this judgment by paying the following debts:Name of Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
Additional pages have been added as D-1. (b) The husband shall pay the debts listed below. The wife is
awarded a judgment against the husband in the sum of $______. The husband
can satisfy the judgment by paying the following debts:Name of Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________Additional pages have been added as D-2.
5. The wife shall have her former legal name restored. The restored
name is:______________________.
The husband shall have his former legal name restored. The restored
name is:______________________.
6. A judgment against (the husband) (the wife) for court costs and
service fees in the amount of $______ is awarded to (the husband) (the
wife) (this state if fees were waived or deferred).
DATED: This ___ day of_____, 2__._______________
CIRCUIT COURT JUDGE___________________________________________________________________________
___[1983 c.692 §3; 1985 c.610 §13; 1993 c.448 §5; 1995 c.637 §11; 1995 c.666
§18; 1999 c.738 §6; 2003 c.264 §6; 2003 c.380 §4; 2003 c.576 §129]CONCILIATION SERVICES As used in ORS
107.510 to 107.610:
(1) “Conciliation jurisdiction” means domestic relations
conciliation jurisdiction and authority exercised under ORS 107.510 to
107.610 by a circuit court in any controversy existing between spouses
which may, unless a reconciliation or a settlement of the controversy is
effected, result in the dissolution or annulment of the marriage or in
disruption of the household.
(2) “Conciliation services” means domestic relations counseling and
related services obtained by a circuit court exercising conciliation
jurisdiction and used by the court in exercising that jurisdiction.
(3) “Domestic relations suit” means suit for dissolution of the
marriage contract, annulment of the marriage or separation.
(4) “Separation” means separation from bed and board and separate
maintenance. [1963 c.434 §1; 1971 c.280 §24; 1973 c.502 §13; 1999 c.59
§21; 2001 c.104 §33] 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
conciliation jurisdiction and obtain, use and provide conciliation
services under ORS 107.510 to 107.610. After conciliation jurisdiction
has been established the circuit court or courts of such county or
district may at any time determine that the need for such service does
not warrant its continuance and terminate the same. [1963 c.434 §2; 1965
c.625 §1; 1971 c.280 §25; 1999 c.59 §22]
(1) A circuit court or the circuit courts of a judicial district
exercising conciliation jurisdiction may obtain conciliation services,
with the prior approval of the governing body of each county involved, by:
(a) Employing or contracting for counselors and other personnel; or
(b) Contracting or entering into agreements with public or private
agencies to provide conciliation services to the court or courts.
(2) Subject to the provisions of the Local Budget Law, the
compensation and expenses of personnel performing conciliation services
for the circuit court or courts and other expenses of providing
conciliation services may be paid by the county or as may be agreed upon
between the counties involved. Personnel performing conciliation services
are not state employees, and their compensation and expenses shall not be
paid by the state. [1963 c.434 §3; 1965 c.625 §2; 1981 s.s. c.3 §35] 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 commences
to exercise conciliation jurisdiction, a reconciliation or a settlement
of the controversy has not been effected, the domestic relations suit
shall proceed as if the court had not exercised conciliation
jurisdiction. [1963 c.434 §4; 1971 c.280 §26]
(1) Whenever either spouse or both spouses file in a circuit court
exercising conciliation jurisdiction and providing conciliation services
a petition requesting the court to exercise conciliation jurisdiction
with respect to a controversy existing between the spouses, the court
shall exercise conciliation jurisdiction over the controversy and over
the parties thereto and all persons having any relation to the
controversy.
(2) The petition shall:
(a) Allege that a controversy exists between the spouses and
request the aid of the court to effect a reconciliation or a settlement
of the controversy;
(b) State the name, address and age of each spouse and the date and
place of marriage;
(c) State the name, address and age of each minor child of the
spouses or either spouse;
(d) State, if known, whether a domestic relations suit involving
the same marriage is pending in any other court in this or any other
state; and
(e) State such other information as the court, by rule, may require.
(3) No fee shall be charged for filing the petition. [1963 c.434
§5; 1965 c.625 §3] (1) A petition may be filed
under ORS 107.550 whether or not a domestic relations suit in which the
spouses are parties has been commenced. Except as provided in subsection
(2) of this section, when a petition for conciliation jurisdiction is
filed no trial or hearing on the merits of a domestic relations suit
between the parties shall be had until after the expiration of 45 days
from the filing of the petition; provided, however, that during this
period the court may use its full equity powers to protect and preserve
the rights of the spouses.
(2) Subject to the provisions of ORS 107.065, the court may, in its
discretion, waive the 45-day period as prescribed by subsection (1) of
this section upon stipulation of the parties or upon written motion
supported by affidavit setting forth facts which satisfy the court that
such waiver is warranted. [1963 c.434 §6; 1965 c.625 §4; 1975 c.228 §1] 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 107.550, and of the time
and place of any hearing, conference or other proceeding scheduled
pursuant to the exercise of conciliation jurisdiction. The court may
require the attendance of the spouses and of witnesses as in other civil
cases. [1963 c.434 §7]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 welfare is involved in the outcome of the controversy. [1963 c.434
§8] (1) A circuit
court undertaking to exercise conciliation jurisdiction pursuant to ORS
107.540 or 107.550, with the consent of the spouses, may make orders with
respect to the conduct of the spouses and with respect to the subject of
the controversy as it considers necessary to preserve the marriage or to
implement the reconciliation of the spouses; but an order shall not be
effective for more than 60 days unless the spouses consent to a
continuance of the order.
(2) Any reconciliation agreement between the spouses may be reduced
to writing, and, with the consent of the spouses, the court may make an
order requiring the spouses to comply fully with the agreement.
(3) The court may at any time terminate or modify any order
previously made. [1963 c.434 §9; 1965 c.625 §5](1) All hearings, conferences and other proceedings held
pursuant to circuit court exercise of conciliation jurisdiction pursuant
to ORS 107.540 or 107.550 shall be held in private, and all persons other
than officers of the court, conciliation services personnel, the spouses,
their counsel and witnesses shall be excluded.
(2) All communications, verbal or written, between spouses and from
spouses to counselors, the court, attorneys, doctors or others engaged in
the conciliation proceedings, made in conciliation conferences, hearings
and other proceedings had pursuant to the exercise of the court’s
conciliation jurisdiction shall be confidential. A spouse or any other
individual engaged in conciliation proceedings shall not be examined in
any civil or criminal action as to such communications. Exceptions to
testimonial privilege otherwise applicable under ORS 40.225 to 40.295 do
not apply to communications made confidential under this subsection.
(3) All records of the court with respect to exercise of
conciliation jurisdiction shall be closed. However, any petition filed
under ORS 107.550, any written reconciliation agreement between the
spouses and any court order made in the matter may be opened to
inspection by either spouse or counsel upon written authorization by a
judge of the court. [1963 c.434 §10; 1965 c.625 §6; 1981 c.892 §88] 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 behavioral sciences
plus four years’ paid casework or clinical experience. [1963 c.434 §12;
1971 c.280 §27; 1999 c.59 §23](1) The governing body of any county may impose a fee up to $10
above that prescribed in ORS 205.320 (5) for a marriage license.
(2) In addition to any other funds used therefor, the governing
body shall use the proceeds from the fee increase authorized by this
section to pay the expenses of conciliation services under ORS 107.510 to
107.610 and mediation services under ORS 107.755 to 107.795. If there are
none in the county, the governing body may provide such services through
other county agencies or may contract with a public or private agency or
person to provide such services.
(3) The governing body may establish rules of eligibility for
conciliation services funded under this section so long as its rules do
not conflict with rules of the court adopted under ORS 107.580.
(4) Fees collected under this section shall be collected and
deposited in the same manner as other county funds are collected and
deposited but shall be maintained in a separate account to be used as
provided in this section. [1977 c.489 §1; 1983 c.671 §7; 1991 c.230 §33]FAMILY ABUSE PREVENTION ACTORS 107.700 to 107.735 shall be known and may
be cited as the “Family Abuse Prevention Act.” [1977 c.845 §4; 1995 c.637
§1] As used in ORS
107.700 to 107.735:
(1) “Abuse” means the occurrence of one or more of the following
acts between family or household members:
(a) Attempting to cause or intentionally, knowingly or recklessly
causing bodily injury.
(b) Intentionally, knowingly or recklessly placing another in fear
of imminent bodily injury.
(c) Causing another to engage in involuntary sexual relations by
force or threat of force.
(2) “Child” means an unmarried person who is under 18 years of age.
(3) “Family or household members” means any of the following:
(a) Spouses.
(b) Former spouses.
(c) Adult persons related by blood, marriage or adoption.
(d) Persons who are cohabiting or who have cohabited with each
other.
(e) Persons who have been involved in a sexually intimate
relationship with each other within two years immediately preceding the
filing by one of them of a petition under ORS 107.710.
(f) Unmarried parents of a child.
(4) “Interfere” means to interpose in a manner that would
reasonably be expected to hinder or impede a person in the petitioner’s
situation.
(5) “Intimidate” means to act in a manner that would reasonably be
expected to threaten a person in the petitioner’s situation, thereby
compelling or deterring conduct on the part of the person.
(6) “Menace” means to act in a manner that would reasonably be
expected to threaten a person in the petitioner’s situation.
(7) “Molest” means to act, with hostile intent or injurious effect,
in a manner that would reasonably be expected to annoy, disturb or
persecute a person in the petitioner’s position. [1977 c.845 §5; 1979
c.161 §1; 1981 c.780 §1; 1985 c.629 §1; 1987 c.331 §3; 1987 c.805 §1;
1993 c.643 §1; 1995 c.637 §2; 1997 c.863 §8; 1999 c.617 §6; 1999 c.1052
§12]The Uniform Child Custody Jurisdiction and Enforcement
Act, ORS 109.701 to 109.834, applies to proceedings under ORS 107.700 to
107.735. [2005 c.536 §5]Note: 107.707 was added to and made a part of 107.700 to 107.735 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1)
Any person who has been the victim of abuse within the preceding 180 days
may petition the circuit court for relief under ORS 107.700 to 107.735,
if the person is in imminent danger of further abuse from the abuser. The
person may seek relief by filing a petition with the circuit court
alleging that the person is in imminent danger of abuse from the
respondent, that the person has been the victim of abuse committed by the
respondent within the 180 days preceding the filing of the petition and
particularly describing the nature of the abuse and the dates thereof.
The abuse must have occurred not more than 180 days before the filing of
the petition. Allegations in the petition shall be made under oath or
affirmation. The circuit court shall have jurisdiction over all
proceedings under ORS 107.700 to 107.735.
(2) The petitioner has the burden of proving a claim under ORS
107.700 to 107.735 by a preponderance of the evidence.
(3) A person’s right to relief under ORS 107.700 to 107.735 shall
not be affected by the fact that the person left the residence or
household to avoid abuse.
(4) A petition filed under ORS 107.700 to 107.735 shall disclose
the existence of any custody, Family Abuse Prevention Act or Elderly
Persons and Persons With Disabilities Abuse Prevention Act proceedings,
or any marital annulment, dissolution or separation proceedings, or any
filiation proceeding, pending between the parties, and the existence of
any other custody order affecting the children of the parties.
(5) When the petitioner requests custody of any child, the petition
shall comply with ORS 109.767 and disclose:
(a) The child’s present residence and the length of time the child
has resided at the residence;
(b) The county and state where the child resided for the five years
immediately prior to the filing of the petition;
(c) The name and address of the party or other responsible person
with whom the child is presently residing;
(d) The name and current address of any party or other responsible
person with whom the child resided for the five years immediately prior
to the filing of the petition;
(e) Whether the party participated as a party, witness or in any
other capacity, in any other litigation concerning the custody of the
child in this or any other state;
(f) Whether the party has information of any custody proceeding
concerning the child pending in a court of this or any other state; and
(g) Whether the party knows of any person not a party to the
proceedings who has physical custody of the child or claims to have
custody, parenting time or visitation rights with respect to the child.
(6) For purposes of computing the 180-day period in this section
and ORS 107.718, any time during which the respondent is incarcerated or
has a principal residence more than 100 miles from the principal
residence of the petitioner shall not be counted as part of the 180-day
period. [1977 c.845 §6; 1981 c.780 §2; 1985 c.629 §2; 1987 c.805 §2; 1993
c.375 §1; 1995 c.637 §3; 1995 c.666 §19; 1997 c.707 §14; 1999 c.617 §4;
1999 c.649 §50; 1999 c.738 §7; 1999 c.1052 §13; 2003 c.264 §7](1) If the respondent requests
a hearing pursuant to ORS 107.718 (10), the court shall hold the hearing
within 21 days after the request. However, if the respondent contests the
order granting temporary child custody to the petitioner, the court shall
hold the hearing within five days after the request.
(2)(a) If the court determines under ORS 107.718 (2) that
exceptional circumstances exist that affect the custody of a child, the
court shall hold a hearing within 14 days after issuance of the
restraining order. The clerk of the court shall provide a notice of the
hearing along with the petition and order to the petitioner and, in
accordance with ORS 107.718 (8), to the county sheriff for service on the
respondent.
(b) The respondent may request an earlier hearing, to be held
within five days after the request. The hearing request form shall be
available from the clerk of the court and shall be substantially in the
form provided in ORS 107.718 (7). If the respondent requests an earlier
hearing, the clerk of the court shall notify the parties of the scheduled
hearing date by mailing a notice of the time and place of hearing to the
addresses provided in the petition or, for the respondent, to the address
provided in the request for hearing, or as otherwise designated by a
party.
(c) When the court schedules a hearing under this subsection, the
respondent may not request a hearing under ORS 107.718 (10).
(3) In a hearing held pursuant to subsection (1) or (2) of this
section, the court may cancel or change any order issued under ORS
107.718 and may assess against either party a reasonable attorney fee and
such costs as may be incurred in the proceeding.
(4)(a) If service of a notice of hearing is inadequate to provide a
party with sufficient notice of the hearing held pursuant to ORS 107.718
(2) or (10), the court may extend the date of the hearing for up to five
days so that the party may seek representation.
(b) If one party is represented by an attorney at a hearing held
pursuant to ORS 107.718 (2) or (10), the court may extend the date of the
hearing for up to five days at the other party’s request so that the
other party may seek representation.
(5) If the court continues the order, with or without changes, at a
hearing about which the respondent received actual notice and the
opportunity to participate, the court shall include in the order a
certificate in substantially the following form in a separate section
immediately above the signature of the judge:
___________________________________________________________________________
___CERTIFICATE OF COMPLIANCE
WITH THE VIOLENCE
AGAINST WOMEN ACTThis protective order meets all full faith and credit requirements of the
Violence Against Women Act, 18 U.S.C. 2265 (1994). This court has
jurisdiction over the parties and the subject matter. The respondent was
afforded notice and timely opportunity to be heard as provided by the law
of this jurisdiction. This order is valid and entitled to enforcement in
this and all other jurisdictions.
___________________________________________________________________________
___
(6) The court may approve any consent agreement to bring about a
cessation of abuse of the parties. However, the court may not approve a
term in a consent agreement that provides for restraint of a party to the
agreement unless the other party petitioned for and was granted an order
under ORS 107.710. An order or consent agreement made under this section
may be amended at any time and shall continue in effect for a period of
one year from the date of the order issued under ORS 107.718, or until
superseded as provided in ORS 107.722.
(7) No order or agreement made under ORS 107.705 to 107.720,
133.310 and 133.381 shall in any manner affect title to any real property.
(8) No undertaking shall be required in any proceeding under ORS
107.700 to 107.735.
(9) Any proceeding under ORS 107.700 to 107.735 shall be in
addition to any other available civil or criminal remedies. [1981 c.780
§6 (enacted in lieu of 107.715); 1985 c.629 §3; 1987 c.805 §3; 1995 c.637
§4; 1995 c.794 §2; 1997 c.707 §15; 1999 c.617 §5; 1999 c.1052 §14; 2005
c.536 §1](1) When a person files a petition under ORS 107.710, the
circuit court shall hold an ex parte hearing in person or by telephone on
the day the petition is filed or on the following judicial day. Upon a
showing that the petitioner has been the victim of abuse committed by the
respondent within 180 days preceding the filing of the petition, that
there is an imminent danger of further abuse to the petitioner and that
the respondent represents a credible threat to the physical safety of the
petitioner or the petitioner’s child, the court shall, if requested by
the petitioner, order:
(a) Except as provided in subsection (2) of this section, that
temporary custody of the children of the parties be awarded to the
petitioner or, at the request of the petitioner, to the respondent,
subject to reasonable parenting time rights of the noncustodial parent,
which the court shall order, unless such parenting time is not in the
best interest of the child;
(b) That the respondent be required to move from the petitioner’s
residence, if in the sole name of the petitioner or if it is jointly
owned or rented by the petitioner and the respondent, or if the parties
are married to each other;
(c) That the respondent be restrained from entering, or attempting
to enter, a reasonable area surrounding the petitioner’s current or
subsequent residence if the respondent is required to move from
petitioner’s residence;
(d) That a peace officer accompany the party who is leaving or has
left the parties’ residence to remove essential personal effects of the
party or the party’s children, or both, including but not limited to
clothing, toiletries, diapers, medications, Social Security cards, birth
certificates, identification and tools of the trade;
(e) That the respondent be restrained from intimidating, molesting,
interfering with or menacing the petitioner, or attempting to intimidate,
molest, interfere with or menace the petitioner;
(f) That the respondent be restrained from intimidating, molesting,
interfering with or menacing any children in the custody of the
petitioner, or attempting to intimidate, molest, interfere with or menace
any children in the custody of the petitioner;
(g) That the respondent be restrained from entering, or attempting
to enter, on any premises and a reasonable area surrounding the premises
when it appears to the court that such restraint is necessary to prevent
the respondent from intimidating, molesting, interfering with or menacing
the petitioner or children whose custody is awarded to the petitioner;
(h) Other relief that the court considers necessary to provide for
the safety and welfare of the petitioner and the children in the custody
of the petitioner including, but not limited to, emergency monetary
assistance from the respondent; or
(i) That the respondent have no contact with the petitioner in
person, by telephone or by mail except as described in parenting time
ordered under this section.
(2) If the court determines that exceptional circumstances exist
that affect the custody of a child, the court shall order the parties to
appear and provide additional evidence at a hearing to determine
temporary custody and resolve other contested issues. Pending the
hearing, the court may make any orders regarding the child’s residence
and the parties’ contact with the child that the court finds appropriate
to provide for the child’s welfare and the safety of the parties. The
court shall set a hearing time and date as provided in ORS 107.716 (2)
and issue a notice of the hearing at the same time the court issues the
restraining order.
(3) The court’s order under subsection (1) of this section is
effective for a period of one year or until the order is withdrawn or
amended, or until the order is superseded as provided in ORS 107.722,
whichever is sooner.
(4) If respondent is restrained from entering, or attempting to
enter, an area surrounding petitioner’s residence or any other premises,
the order restraining respondent shall specifically describe the area.
(5) Imminent danger under this section includes but is not limited
to situations in which the respondent has recently threatened petitioner
with additional bodily harm.
(6) If the court awards parenting time to a parent who committed
abuse, the court shall make adequate provision for the safety of the
child and of the petitioner. The order of the court may include, but is
not limited to, the following:
(a) That exchange of a child between parents shall occur at a
protected location.
(b) That parenting time be supervised by another person or agency.
(c) That the perpetrator of the abuse be required to attend and
complete, to the satisfaction of the court, a program of intervention for
perpetrators or any other counseling program designated by the court as a
condition of the parenting time.
(d) That the perpetrator of the abuse not possess or consume
alcohol or controlled substances during the parenting time and for 24
hours preceding the parenting time.
(e) That the perpetrator of the abuse pay all or a portion of the
cost of supervised parenting time, and any program designated by the
court as a condition of parenting time.
(f) That no overnight parenting time occur.
(7) An instruction brochure shall be available from the clerk of
the circuit court explaining the rights set forth under ORS 107.700 to
107.735. The petition, order and related forms shall be available from
the clerk of the court and shall be in substantially the following form:
___________________________________________________________________________
___
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ________________________, )
Petitioner ) PETITION FOR
(your name) ) RESTRAINING ORDER
) TO PREVENT ABUSE
vs. )
) No. ________
)
____________, )
Respondent )
(person to be )
restrained) )
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE
COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO HOLD YOU IN CONTEMPT
OF COURT.If you wish to have your residential address or telephone number withheld
from respondent, use a contact address and telephone number so the Court
and the Sheriff can reach you if necessary.ATTACH ADDITIONAL PAGES
IF NECESSARY.I am the Petitioner and I state that the following information is true:I am a resident of _______________ County, Oregon.Respondent is a resident of ______ County, Oregon.I am ______ years of age and Respondent is ______ years of age.
1. CHECK AND FILL OUT THE SECTION(S) that apply to you and respondent:
__ A. Respondent is my _____ spouse _____ former spouse. We were
married on_________________, 2___. We were divorced on_________________,
2___.
__ B. Respondent and I are adults related by blood, marriage or
adoption. Respondent is my _________________ (type of relationship).
__ C. Respondent and I have been living together since
______, 2___.
__ D. Respondent and I lived together from______, 2___, to____________,
2___.
__ E. Respondent and I have been involved in a sexually intimate
relationship within the last two years.
__ F. Respondent and I are the unmarried parents of a child.
__ G. I am a minor and have been involved in a sexually intimate
relationship with respondent who is 18 years of age or older.
2. To qualify for a restraining order, respondent must have done one or
more of the following:
Within the last 180 days, respondent has:
__ A. Caused me bodily injury.
__ B. Attempted to cause me bodily injury.
__ C. Placed me in fear of imminent bodily injury.
__ D. Caused me to engage in involuntary sexual relations by force or
threat of force.
3. Any period of time after the abuse occurred during which respondent
was incarcerated (in jail or prison) or lived more than 100 miles from
your home is not counted as part of the 180-day period, and you may still
be eligible for a restraining order.
Respondent was incarcerated from____________, 2___, to____________,
2___.
Respondent lived more than 100 miles from my home from____________, 2___,
to____________, 2___.
4. Did the abuse happen within the last 180 days not including the
times respondent was incarcerated (in jail or prison) or lived more than
100 miles from your home? Yes NoDate and location of abuse:
______________________
______________________How did respondent hurt or threaten you?
______________________
______________________
______________________5. Are there incidents other than those described in question 4 above,
in which respondent has hurt or threatened to hurt you? If Yes, Explain:
______________________
______________________
______________________6. I am in imminent danger of further abuse by respondent because:
______________________
______________________
______________________7. In any of the above incidents:Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes NoIf you have circled yes to any of the above questions, explain:
______________________
______________________8. A. There (is) (is not) another restraining order pending between
respondent and me. It is filed in ___ (County), ___(State), and I am
(Petitioner) or (Respondent) in that case.
The case number of the case is: _______________
B. There (is) (is not) another lawsuit pending between respondent
and me for divorce, annulment, legal separation, filiation (paternity),
custody, parenting time or visitation.
If yes, type of lawsuit: _______________
It is filed in ________ (County), ________(State).
C. If you and respondent are unmarried, has legal paternity of
your children been established? Yes No
In what way? Birth certificate
Child support proceeding
Paternity lawsuit
Other
Explain: _______________
9. A. The children of respondent and me who are under 18 years of age
are:
Name ________ Age ___
Name ________ Age ___
Name ________ Age ___
Name ________ Age ___
B. The children are now living with_______________, at ___________
(address).
For how long? ________
C. I believe that I will need the assistance of a peace officer to
regain custody of my children from respondent. Yes No
D. Is there a custody or any other order now in effect concerning
any of these children? Yes No
Type of order: ___________
The case number is: _____and it is filed in _____ (County),
_____(State).
E. Where have the children listed in A. above lived for the last
five years and with whom?
County/ Lived Present
Dates
State With Address
From __ to __ ___
___ ___
From __ to __ ___
___ ___
From __ to __ ___
___ ___
From __ to __ ___
___ ___F. I have not been involved as a party, witness or in any other
capacity in any other custody, parenting time or visitation lawsuits
concerning the children in this or any other state except:
__________________
__________________
G. I know of no other custody, parenting time or visitation
lawsuits concerning the children in this or any other state except:
__________________
H. I know of no one, other than respondent, who has physical
custody of the children or who claims custody, parenting time or
visitation rights with the children, except:
__________________I. My children have not lived in Oregon for the last six months
but my children and I are now present in Oregon and I want the court to
award me custody because (describe the emergency that makes this
necessary or information that is in Oregon that relates to the children):
__________________10. Respondent may be required to move from your residence if it is
in your sole name, or if it is jointly owned or rented by you and
respondent, or if you and respondent are married.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: _______________PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE
“PETITIONER’S REQUEST” COLUMN OF THE PROPOSED RESTRAINING ORDER, WHICH IS
ATTACHED.
___________________________________________________________________________
___PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.If you wish to have your residential address or telephone number withheld
from respondent, use a contact address and telephone number so the Court
and the Sheriff can reach you if necessary. _________
PETITIONERSTATE OF OREGON )
) ss.
County of_____ )
SUBSCRIBED AND SWORN TO before me this ___ day of________, 2___._____________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ______RELEVANT DATARESPONDENT _______________Sex ___ Telephone # ________Residence Address _______________City/State/Zip _______________County _______________Birthdate ______ Age ___Race ______Height ________ Weight ________Eye Color ________PETITIONER (you) ____________Sex _____ *Telephone # ________*Residence Address ____________City/State/Zip _______________County _______________Birthdate ________ Age _____Race ________Height ________ Weight ________Eye Color ________
*If you wish to have your residential address or telephone number
withheld from respondent,
use a contact address and telephone number so the Court and the Sheriff
can reach you if
necessary.PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDERWhere is respondent most likely to be located?Residence Hours ________
Employment Hours ________
Address: ______
___________
Employment Hours ________
Address: ______
___________
Description of vehicle ____________Does respondent have any weapons or access to weapons? Explain:
___________________________________________________________________________
___
___________________________________________________________________________
___Has respondent ever been arrested for or convicted of a violent crime?
Explain:
___________________________________________________________________________
___
___________________________________________________________________________
___Is there anything about respondent’s character, past behavior or the
present situation that indicates that respondent may be a danger to self
or other? Explain:
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
______, )
Petitioner ) RESTRAINING ORDER
(your name) ) TO PREVENT ABUSE
)
vs. )
) No. ________
)
______, )
Respondent )
(person to be )
restrained))TO THE RESPONDENT: VIOLATION OF THIS RESTRAINING ORDER MAY RESULT
IN YOUR ARREST AND IN CIVIL AND/OR CRIMINAL PENALTIES. THIS ORDER IS
ENFORCEABLE IN EVERY STATE. REVIEW THIS ORDER CAREFULLY. EACH PROVISION
MUST BE OBEYED. SEE YOUR RIGHTS TO A HEARING.
The Court, having reviewed the petition, makes the following
findings:
Judge’s Initials1. Petitioner and respondent are related as follows (check all that
apply):
A. Petitioner and respondent are
spouses.
_____
B. Petitioner and respondent are former
spouses. _____
C. Petitioner and respondent are adult persons related by
blood, _____
marriage or adoption.
D. Petitioner and respondent are cohabiting or have
cohabited _____
with each other.
E. Petitioner and respondent have been involved in a
sexually _____
intimate relationship with each other within the last two years.F. Petitioner and respondent are unmarried parents of a
child. _____
G. Petitioner is a minor and has been involved in a
sexually _____
intimate relationship with respondent who is 18 years of age or
older.
2. Additional findings:
A. Petitioner has been abused by respondent as defined by ORS
107.705. _____
B. The abuse of petitioner by respondent occurred within the
last _____
180 days as provided in ORS 107.710.
C. Respondent represents a credible threat to the physical
safety _____
of petitioner or petitioner’s child and there is an imminent danger
of
further abuse to petitioner.
D. If there are children, Oregon has jurisdiction over the issue of
the _____
custody of the children under ORS 109.701 to 109.834 on the
following grounds:
a. Oregon is the home state of the child on the date this
proceeding _____
was commenced; or
Oregon was the home state within six months before this
proceeding _____
was commenced and the child is absent from the state, but a parent
or person acting as a parent continues to live in Oregon under
ORS 109.741 (1)(a).
b. No other state has home state jurisdiction under ORS
109.741 _____
(1)(a); or
The home state of the child ____________
(name) _____
has declined jurisdiction and the child’s parents have, or one of
the child’s parents or a person acting as a parent has, a
significant
connection with Oregon and substantial evidence is available here
concerning the child’s care, protection, training and personal
relationships under ORS 109.741 (1)(b).
c. All courts having jurisdiction under home state grounds
under _____
ORS 109.741 (1)(a), or significant connections grounds under ORS
109.741
(1)(b), have declined to exercise jurisdiction under ORS 109.741
(1)(c).
d. No court of any other state has jurisdiction under ORS
109.741 _____
(1)(a), (b) or (c).e. Emergency grounds exist for the exercise of temporary
emergency _____
jurisdiction because the child is present in this state and has
been abandoned; or
Emergency grounds exist for the exercise of temporary
emergency _____
jurisdiction because it is necessary to protect the child because
the
child, or a sibling or parent of the child, is subjected to or
threatened
with mistreatment or abuse under ORS 109.751.
f. A previous child custody, parenting time,
guardianship _____
or juvenile dependency determination has been made in
____________(State/Tribe/Country);
A child custody, parenting time, guardianship or
juvenile _____
dependency proceeding has been commenced in ____________
(State/Tribe/Country); or
No child custody, parenting time, guardianship or juvenile
dependency _____
determination has been issued or proceeding commenced in another
state, tribe or country having jurisdiction under ORS 109.701 to
109.834.The custody and parenting time provisions in this order
shall become a final determination for purposes of ORS 109.701 to
109.834 if Oregon becomes the home state of the child.
IT IS HEREBY ORDERED that:Petitioner’s
Request
Judge’s Initials
[ ] 1. Respondentis restrained (prohibited) from
intimidating, _____
molesting, interfering with or menacing
petitioner, or
attempting to intimidate, molest, interfere with
or menace petitioner.
[ ] 2. Respondent is restrained (prohibited) from
intimidating, _____
molesting, interfering with or menacing any minor
children in
petitioner’s custody, or attempting to
intimidate, molest,
interfere with or menace any minor children
in petitioner’s custody:
___________________________________
___________________________________
[ ] 3.', ' Respondent is restrained (prohibited) from
entering, or _____
attempting to enter:
(Include names and address unless withheld for safety
reasons.)
[ ] Petitioner’s current or subsequent
residence. _____
[ ] Petitioner’s business or place of
employment. _____
[ ] Petitioner’s
school.
_____
[ ] Other
locations.
_____
[ ] The area surrounding petitioner’s
current _____
or subsequent residence or petitioner’s
school, business, place of employment
or other named premises described as
follows (specifically describe area):
___________________________________
___________________________________
[ ] 4. Respondent is restrained (prohibited) from:
[ ] Contacting, or attempting to contact, petitioner
by telephone.', ' _____
[ ] Contacting, or attempting to contact, petitioner
by mail. _____
[ ] 5. Respondent is restrained (prohibited) from
entering, or
attempting to enter:
[ ] The premises of the children’s day care
provider.', ' _____
[ ] The children’s
school.
_____
[ ] 6. Respondent shall move from and not return to the
re- _____
sidence located at ____________ except with a
peace officer in order to remove essential
personal
effects of the respondent, and if the respondent
is the legal custodian, essential personal effects
of respondent’s children, including, but not
limited to: clothing, toiletries, diapers, medica-
tions, Social Security cards, birth certificates,
identification and tools of the trade.
[ ] 7. A peace officer shall accompany the petitioner to
the _____
parties’ residence in order to remove essential
personal
effects of petitioner, and if the petitioner is
the legal
custodian, essential personal effects of the
petitioner’s
children, including, but not limited to: clothing,
toiletries, diapers, medications, Social Security
cards,
birth certificates, identification and tools of
the trade.
[ ] 8. Petitioner is awarded custody of the following
children _____
of the parties, subject to the parenting time
terms set
forth below.
Name: _________________
Age: _________ Name: _________________
Age: _________
[ ] 9. Respondent is awarded custody of the following
child- _____
ren of the parties, subject to the parenting time
terms set
forth below.
Name: _________________
Age: _________ Name: _________________
Age: _________
[ ] 10. A peace officer of the county or city in which the
child- _____
ren are located shall assist in recovering the
custody of
the children of the above parties whose custody
has been
awarded to petitioner. The peace officer is
authorized to
use any reasonable force necessary to that end.
[ ] 11. Other
relief:________________________
_____
________________________________
________________________________
[] 12.', 'Petitioner and respondent shall appear at a
hearing _____
to be held at a time and place shown in the
attached
Notice of Hearing. The purpose of the hearing is
to
consider the temporary custody of the parties’
children and other relief that may be contested.
[ ] 13. Pending the hearing to be held pursuant to
paragraph _____
12 above, if temporary custody of the children is
not
awarded to the petitioner under ORS 107.718
(1)(a), the
residence of the children and parental access to
the
children is as follows with respect to the
following
children (include the children’s names and dates
of birth):
________________________________
________________________________
The order contained in this paragraph expires at
the
hearing.
[ ] 14. The child custody provisions of this order
conflict _____
with the child custody provisions of a
preexisting order
or judgment issued pursuant to ORS 107.095 (1)(b),
107.105, 107.135, 109.103 or 109.155. The child
custody
provisions of this order remain in effect
until_____,
or until another order is issued in the
preexisting
case, whichever occurs first.
[ ] 15. The child custody provisions of this order
conflict _____
with the child custody provisions of a
preexisting order
or judgment issued by another jurisdiction. The
child
custody provisions of this order remain in effect
for
one year or until another order is issued in the
preexisting case, whichever occurs first.IT IS FURTHER ORDERED that the party not awarded custody shall be allowed
parenting time as set forth below:Petitioner’s
Request
Judge’s Initials
[ ] 16. NO PARENTING TIME due
to____________ _____
________________________________
________________________________
[ ] 17. SUPERVISED PARENTING TIME: Three hours per
week, _____
Supervised by:
As follows:
(day of week, location, times)
[ ] 18. Once per week on _________ (day)
from_____ _____
a.m./p.m. to _____ a.m./p.m.
[ ] 19. On the FIRST and THIRD weekends of each
month _____
from 7:00 p.m. Saturday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
[ ] 20. On the FIRST and THIRD weekends of each
month _____
from 7:00 p.m. Friday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
[ ] 21. OTHER PARENTING TIME AS
FOLLOWS: _____
________________________________
________________________________
[ ] 22. Parenting time details not provided for in this
ORDER, _____
including the days or hours of parenting time,
shall be
arranged through__________________.
[ ] 23. The parent not awarded custody will pick up and
return _____
the children at the curb, or driveway if no curb,
of the
residence of the custodial parent or at ________
(name and address of different location) no more
than
15 minutes early nor 15 minutes late.
IF RESPONDENT IS NOT AWARDED CUSTODY AND
IF RESPONDENT IS OTHERWISE PROHIBITED
FROM BEING AT PETITIONER’S RESIDENCE,
RESPONDENT MAY BE AT THE CURB, OR DRIVE-
WAY IF NO CURB, OF PETITIONER’S RESIDENCE
FOR A MAXIMUM OF FIVE MINUTES AT THE
PARENTING TIME HOUR SPECIFIED IN THE ORDER
TO PICK UP OR RETURN THE CHILDREN OR AT ANY
OTHER TIME THE PARTIES AGREE TO.
[ ] 24. No further service is necessary because
respondent _____
appeared in person before the Court.IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER IS $5,000
unless otherwise specified.Other Amount ($ )THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR
A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR
SUPERSEDED, WHICHEVER OCCURS FIRST.DATED this _____ day of_______________, 2___.
______________________
CIRCUIT COURT JUDGE (signature)
______________________
CIRCUIT COURT JUDGE (printed)___________________________________________________________________________
___IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
)
______, ) No. _____
Petitioner, )
vs. ) AFFIDAVIT OF PROOF
______, ) OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
) ss.
County of_____ )I am a resident of the State of Oregon. I am a competent person 18
years of age or older. I am not an attorney for or a party to this case,
or an officer, director or employee of any party to this case.
On the _____ day of______, 2___, I served the Restraining Order to
Prevent Abuse, the Petition for Restraining Order to Prevent Abuse and,
if applicable, the Notice of Hearing in this case personally upon the
above-named respondent in _________ County by delivering to the
respondent a copy of those papers, each of which was certified to be a
true copy of each original.
___________________
Signature of ____________
SUBSCRIBED AND SWORN TO before me this _____ day of______, 2___._____________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: _____
___________________________________________________________________________
___IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
)
______, ) No. _____
Petitioner, )
vs. ) MOTION AND ORDER
______, ) OF DISMISSAL
Respondent. )
)Comes now petitioner, ________, and moves this Court for an order
allowing the voluntary withdrawal and dismissal of the Restraining Order
on file herein.__________________Petitioner
SUBSCRIBED AND SWORN TO before me this _____ day of______, 2___._____________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ______
IT IS SO ORDERED this ___ day of_____, 2__.__________________
JUDGE
___________________________________________________________________________
___IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
______, )
(D.O.B._____) ) NOTICE TO RESPONDENT
) (Family Abuse
Petitioner, ) Prevention Act)
)
and ) No. ______
) ______,
______, )
(D.O.B._____) )
)
Respondent. )THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDERTO RESPONDENT: A RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH
AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER BECOMES EFFECTIVE
IMMEDIATELY.IF A NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING ORDER, YOU ARE
REQUIRED TO APPEAR AT A HEARING AT THE TIME AND PLACE SPECIFIED IN THE
NOTICE. THE PURPOSE OF THE HEARING IS TO CONSIDER TEMPORARY CUSTODY OF
YOUR CHILD OR CHILDREN AND OTHER MATTERS. IF YOU WANT AN EARLIER HEARING
DATE THAN THE DATE SPECIFIED IN THE NOTICE, YOU MUST COMPLETE THE REQUEST
FOR HEARING FORM BELOW AND MAIL OR DELIVER IT TO:
___________________________________________________________________________
___
___________________________________________________________________________
___IF NO NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING ORDER AND YOU WISH
TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THE REQUEST
FOR HEARING FORM BELOW AND MAIL OR DELIVER IT TO:
___________________________________________________________________________
___
___________________________________________________________________________
___REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU RECEIVE THE
ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR
REQUEST FOR A HEARING. THE HEARING WILL BE HELD WITHIN 21 DAYS, OR WITHIN
FIVE DAYS IF CHILD CUSTODY (NOT PARENTING TIME) IS AT ISSUE.AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED,
CHANGED OR EXTENDED. IF YOU DO NOT APPEAR AT THE HEARING, THE RESTRAINING
ORDER MAY BE UPHELD AND ALL MATTERS COULD BE DECIDED AGAINST YOU.IF YOU DO NOT REQUEST A HEARING WITHIN THE TIME ALLOWED BY LAW, THIS
RESTRAINING ORDER WILL BE CONFIRMED BY OPERATION OF LAW. THAT MEANS THAT
THIS RESTRAINING ORDER WILL CONTINUE IN EFFECT AS ISSUED BECAUSE YOU HAVE
BEEN GIVEN BUT HAVE NOT EXERCISED YOUR RIGHTS TO REQUEST AND PARTICIPATE
IN A HEARING. OREGON LAW CONSIDERS THIS CONFIRMATION SUFFICIENT TO MEET
THE REQUIREMENTS OF FEDERAL LAW THAT MAY PROHIBIT YOU FROM POSSESSING A
FIREARM OR FIREARM AMMUNITION WHILE THIS RESTRAINING ORDER IS IN EFFECT.KEEP IN MIND THAT THE RESTRAINING ORDER YOU HAVE RECEIVED IS IN EFFECT
AND REMAINS IN EFFECT UNTIL THE COURT THAT ISSUED THE ORDER MODIFIES IT
OR DISMISSES IT OR UNTIL IT EXPIRES. THE ORDER MAY ALSO BE RENEWED UPON A
FINDING THAT A PERSON IN THE PETITIONER’S SITUATION WOULD REASONABLY FEAR
FURTHER ACTS OF ABUSE BY YOU IF THE ORDER IS NOT RENEWED. IF YOU ARE
ARRESTED FOR VIOLATING THIS ORDER, THE SECURITY AMOUNT (BAIL) IS $5,000,
UNLESS A DIFFERENT AMOUNT IS ORDERED BY THE COURT.This restraining order, or any order continuing or changing this
order, is enforceable in every county in Oregon. It is also enforceable
in all 50 states, the District of Columbia, tribal lands and territories
of the United States.
Violation of this restraining order, or any order continuing or
changing this order, constitutes contempt of court, punishable by a fine
of up to $500 or one percent of your annual gross income, whichever is
greater, or a jail term of up to six months, or both. Other sanctions may
also be imposed for contempt.
While this order, or any order continuing or changing this order,
is in effect, federal law may prohibit you from:
Traveling across state lines or tribal land lines with the intent
to violate this order and then violating this order.
Causing the petitioner to cross state lines or tribal land lines
for your purpose of violating the order.
Possessing, receiving, shipping or transporting any firearm or
firearm ammunition.
Whether or not a restraining order is in effect, federal law may
prohibit you from:
Traveling across state lines or tribal land lines with the intent
to injure the petitioner and then intentionally committing a crime of
violence causing bodily injury to the petitioner.
Causing the petitioner to travel across state lines or tribal land
lines if your intent is to cause bodily injury to the petitioner or if
the travel results in your causing bodily injury to the petitioner.
___________________________________________________________________________
___REQUEST FOR HEARING1. I am the Respondent in the above-referenced action and I request
a hearing to contest all or part of the order as follows (mark one or
more):
__ The order restraining me from contacting or attempting to
contact the petitioner.
__ The order granting child custody to the petitioner.
__ The terms of the parenting time order.
__ Other _______________2. [ ] If I have checked this box, a Notice of Hearing is attached
to the Restraining Order, setting a hearing for (specify date and
time)_________. However, I believe exceptional circumstances affect my
child or children and require an earlier hearing. I request an earlier
date for a hearing, to be held within five days after the date I file
this request with the court. I understand that this earlier hearing date
must be before the date specified in the Notice of Hearing.I (will) (will not) be represented by an attorney at the hearing.Notice of the time and place of the hearing can be mailed to me at the
address below my signature.
Date: _____________________________________
SIGNATURE OF RESPONDENT______________________
______________________
ADDRESS______________________
TELEPHONE NUMBER___________________________________________________________________________
___ (8) If the court orders relief:
(a) The clerk of the court shall provide without charge the number
of certified true copies of the petition and order necessary to provide
the petitioner with one copy and to effect service and shall have a true
copy of the petition and order delivered to the county sheriff for
service upon the respondent, unless the court finds that further service
is unnecessary because the respondent appeared in person before the
court. In addition and upon request by the petitioner, the clerk shall
provide the petitioner, without charge, two exemplified copies of the
petition and order.
(b) The county sheriff shall serve the respondent personally unless
the petitioner elects to have the respondent served personally by a
private party or by a peace officer who is called to the scene of a
domestic disturbance at which the respondent is present, and who is able
to obtain a copy of the order within a reasonable amount of time. Proof
of service shall be made in accordance with ORS 107.720. When the order
does not contain the respondent’s date of birth and service is effected
by the sheriff or other peace officer, the sheriff or officer shall
verify the respondent’s date of birth with the respondent and shall
record that date on the order or proof of service entered into the Law
Enforcement Data System under ORS 107.720.
(c) No filing fee, service fee or hearing fee shall be charged for
proceedings seeking only the relief provided under ORS 107.700 to 107.735.
(9) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
order and petition shall be returned to the clerk of the court. The clerk
of the court shall notify the petitioner, at the address provided by the
petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete service
within 10 days, the sheriff shall notify the petitioner, at the address
provided by the petitioner, that the documents have not been served. If
the petitioner does not respond within 10 days, the county sheriff shall
hold the order and petition for future service and file a return to the
clerk of the court showing that service was not completed.
(10)(a) Within 30 days after a restraining order is served under
this section, the respondent therein may request a court hearing upon any
relief granted. The hearing request form shall be available from the
clerk of the court and shall be in substantially the form provided in
subsection (7) of this section.
(b) If the respondent requests a hearing under paragraph (a) of
this subsection, the clerk of the court shall notify the petitioner of
the date and time of such hearing, and shall supply the petitioner with a
copy of the respondent’s request for a hearing. The petitioner shall give
to the clerk of the court information sufficient to allow such
notification.
(c) The hearing shall not be limited to the issues raised in the
respondent’s request for hearing form. If the respondent seeks to raise
an issue at the hearing not previously raised in the request for hearing
form, or if the petitioner seeks relief at the hearing not granted in the
original order, the other party shall be entitled to a reasonable
continuance for the purpose of preparing a response to the issue.
(11) If the respondent fails to request a hearing within 30 days
after a restraining order is served, the restraining order is confirmed
by operation of law. The provisions of this section are sufficient to
meet the due process requirements of 18 U.S.C. 922(g) in that the
respondent received actual notice of the right to request a hearing and
the opportunity to participate at the hearing but the respondent failed
to exercise those rights. [1981 c.780 §4; 1983 c.561 §2; 1985 c.629 §4;
1987 c.805 §4; 1989 c.605 §1; 1991 c.303 §2; 1991 c.382 §2; 1991 c.724
§22; 1993 c.375 §2; 1993 c.643 §2; 1995 c.637 §5; 1995 c.794 §1a; 1997
c.607 §1; 1997 c.707 §16; 1997 c.863 §4; 1999 c.617 §2; 1999 c.1052
§§9,9a; 2005 c.536 §2](1) A peace officer who accompanies a party removing essential
personal effects pursuant to an order issued under ORS 107.718 shall
remain for up to 20 minutes and may temporarily interrupt the removal of
property at any time. Nothing in this subsection shall affect a peace
officer’s duty to arrest under ORS 133.055 and 133.310.
(2) The party removing essential personal effects from the
residence pursuant to an order issued under ORS 107.718 is entitled to be
accompanied by a peace officer on one occasion only.
(3) A peace officer who accompanies a party removing essential
personal effects pursuant to an order issued under ORS 107.718 shall have
immunity from any liability, civil or criminal, for any actions of the
party committed during the removal of essential personal effects. [1989
c.605 §3](1)(a) Whenever a restraining order, as
authorized by ORS 107.095 (1)(c) or (d), 107.716 or 107.718 which
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 thereof, the clerk of the court or any
other person serving the petition and order shall deliver forthwith to a
county sheriff a true copy of the affidavit of proof of service on which
it is stated that personal service of the petition and order was served
on the respondent, a copy of the petition and a true copy of the order.
If an order entered by the court recites that the respondent appeared in
person before the court, the necessity for further service of the order
is waived and an accompanying proof of service is not necessary. Upon
receipt of a true copy of proof of service, when required, and a true
copy of the order, the county sheriff shall forthwith enter the order
into the Law Enforcement Data System maintained by the Department of
State Police and into the databases of the National Crime Information
Center of the United States Department of Justice. The sheriff shall also
provide the petitioner with a true copy of the proof of service. Entry
into the Law Enforcement Data System constitutes notice to all law
enforcement agencies of the existence of such order. Law enforcement
agencies shall establish procedures adequate to ensure that an officer at
the scene of an alleged violation of such order may be informed of the
existence and terms of such order. Such order shall be fully enforceable
in any county or tribal land in the state. The petitioner may elect to
deliver documents personally to a county sheriff or to have them
delivered by a private person for entry into the Law Enforcement Data
System and the databases of the National Crime Information Center of the
United States Department of Justice.
(b) When a restraining order has been entered into the Law
Enforcement Data System and the databases of the National Crime
Information Center of the United States Department of Justice under
paragraph (a) of this subsection, a county sheriff shall cooperate with a
request from a law enforcement agency from any other jurisdiction to
verify the existence of the restraining order or to transmit a copy of
the order to the requesting jurisdiction.
(2)(a) A restraining order shall remain in effect until the order
expires or is terminated by court order.
(b) When a restraining order has been entered under ORS 107.718,
the restraining order shall not be terminated upon a motion for dismissal
by the petitioner unless the motion is notarized.
(3) In any situation where a restraining order described in
subsection (1) of this section is terminated before the expiration date,
the clerk of the court shall deliver forthwith a true copy of the
termination order to the county sheriff with whom the original order was
filed. Upon receipt of such termination order the county sheriff shall
promptly remove the original order from the Law Enforcement Data System
and the databases of the National Crime Information Center of the United
States Department of Justice.
(4) Pending a contempt hearing for alleged violation of a
restraining order issued pursuant to ORS 107.095 (1)(c) or (d), 107.716
or 107.718, a person arrested and taken into custody pursuant to ORS
133.310 may be released as provided in ORS 135.230 to 135.290. Whenever
such restraining order is issued, the issuing court shall set a security
amount for the violation of such order. [1977 c.845 §8; 1979 c.522 §1;
1981 c.780 §7; 1983 c.561 §3; 1991 c.382 §1; 1993 c.188 §10; 1999 c.1052
§1] 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 ORS 107.718 (10).
[1999 c.762 §4; 2005 c.536 §8](1) The provisions of an order or judgment, or of a
modification to an order or judgment, issued under ORS 107.095 (1)(b),
107.105, 107.135, 109.103 or 109.155 supersede contrary provisions of a
preexisting order issued under ORS 107.700 to 107.735, except that an
order issued under ORS 107.095 (1)(b) supersedes a preexisting order
issued under ORS 107.700 to 107.735 only if the party requesting
temporary relief consolidates the subsequently filed matter with the
preexisting matter filed under ORS 107.700 to 107.735 and provides the
nonmoving party with notice and an opportunity for a hearing.
(2)(a) In a proceeding under ORS 107.700 to 107.735, the court may
modify the custody or parenting time provisions of a preexisting order or
judgment issued under ORS 107.095 (1)(b), 107.105, 107.135, 109.103 or
109.155, or a similar order or judgment issued by the tribunal of another
jurisdiction, if necessary to protect the safety and welfare of the child
or the petitioner.
(b) If the court, in an order issued under ORS 107.700 to 107.735,
modifies the custody provisions of a preexisting order or judgment issued
under ORS 107.095 (1)(b), 107.105, 107.135, 109.103 or 109.155, the court
shall specify in the order issued under ORS 107.700 to 107.735 a period
that the court considers adequate under the circumstances within which
the party seeking relief may obtain a modification of the preexisting
order or judgment under controlling law. Upon the expiration of the
period specified by the court, if a modification of the preexisting order
or judgment has not been obtained, the custody and parenting time
provisions of the order issued under ORS 107.700 to 107.735 expire and
the custody and parenting time provisions of the preexisting order or
judgment become immediately effective.
(c) If the court, in an order issued under ORS 107.700 to 107.735,
modifies the custody provisions of a preexisting order or judgment issued
by the tribunal of another jurisdiction, ORS 109.701 to 109.834 apply.
[1987 c.805 §6; 1995 c.637 §6; 2005 c.536 §3] A sheriff may serve a
restraining order under ORS 107.718 in the county in which the sheriff
was elected and in any other county that is adjacent to the county in
which the sheriff was elected. [2003 c.304 §10] The
court may renew an order entered under ORS 107.716 or 107.718 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. A
finding that there has been a further act of abuse is not required. A
court may renew an order on the basis of a sworn, ex parte petition
alleging facts supporting the required finding. If the renewal order is
granted, the provisions of ORS 107.716 (5) and 107.718 (8) to (10) apply
except that the court may hear no issue other than the basis for renewal
unless requested in the hearing request form and thereafter agreed to by
the petitioner. The court shall hold a hearing required under this
section within 21 days after the respondent’s request. [1985 c.629 §46;
1997 c.863 §7; 1999 c.1052 §15; 2003 c.14 §42; 2005 c.536 §9]A person who is under 18 years of age may petition the circuit court
for relief under ORS 107.710 if:
(1) The person is:
(a) The spouse of the respondent;
(b) The former spouse of the respondent; or
(c) A person who has been in a sexually intimate relationship with
the respondent; and
(2) The respondent is 18 years of age or older. [1993 c.643 §4] A petition
under ORS 107.710 may be filed only in a county in which the petitioner
or respondent resides. 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 restraining order occurs. If contempt
proceedings are initiated in the circuit court for a county in which a
violation of the restraining order occurs, the person initiating the
contempt proceedings shall file with the court a copy of the restraining
order, certified by the clerk of the court that issued the order. Upon
filing of the certified copy of the restraining order, the court shall
enforce the order as though that court had issued the order. [2003 c.289
§2](1) At any time after an order has been issued under ORS 107.700 to 107.735 and after the time
period set forth in ORS 107.718 (10)(a), a party may request that the
court modify terms in the order that provide for custody and parenting
time.
(2) The clerk of the court shall provide without charge the number
of certified true copies of the request for modification of the order and
notice of hearing necessary to effect service and, at the election of the
party requesting the modification, shall have a true copy of the request
and notice delivered to the county sheriff for service upon the other
party.
(3) Service shall be in the manner provided by law for service of
summons. The county sheriff shall serve the other party personally unless
the party requesting the modification elects to have the other party
served personally by a private party.
(4) The provisions of ORS 107.716 (5) apply to a modification of an
order under this section. [1985 c.629 §6; 1995 c.637 §7; 1997 c.707 §17;
1999 c.1052 §16; 2005 c.536 §10] (1) An order or a modification
to an order issued under ORS 107.700 to 107.735 that provides for the
custody of a child shall, when requested by the party awarded custody,
contain a provision ordering a peace officer to assist in recovering the
custody of the child and authorizing the use of any reasonable force
necessary to that end.
(2) No peace officer shall be civilly or criminally liable for any
action taken in recovering the custody of a child pursuant to an order
issued under ORS 107.700 to 107.735, except for intentional torts outside
the scope of the peace officer’s duties. [1995 c.637 §9] The State Court
Administrator shall:
(1) Track the number of hearings that are scheduled or requested
each year under ORS 107.716 (2) or 107.718 (2).
(2) In accordance with ORS 3.438 (4)(a)(B), develop training
information and materials concerning the issues and hearings under ORS
107.716 (2) or 107.718 (2) related to temporary custody of children. The
training information and materials are for use by courts, state agencies,
legal services providers and others as determined by the State Court
Administrator. [2005 c.536 §6]MEDIATION PROCEDURES (1) Each judicial district
shall:
(a) Provide a mediation orientation session for all parties in
cases in which child custody, parenting time or visitation is in dispute,
and in any other domestic relations case in which mediation has been
ordered. The orientation session may be structured in any way the circuit
court determines best meets the needs of the parties. The orientation
session should be designed to make the parties aware of:
(A) What mediation is;
(B) Mediation options available to them; and
(C) The advantages and disadvantages of each method of dispute
resolution.
(b) Except in matters tried under ORS 107.097 and 107.138 or upon a
finding of good cause, require parties in all cases described in
paragraph (a) of this subsection to attend a mediation orientation
session prior to any judicial determination of the issues.
(c) Provide mediation under ORS 107.755 to 107.795 in any case in
which child custody, parenting time and visitation are in dispute.
(d) Have developed a plan that addresses domestic violence issues
and other power imbalance issues in the context of mediation orientation
sessions and mediation of any issue in accordance with the following
guidelines:
(A) All mediation programs and mediators must recognize that
mediation is not an appropriate process for all cases and that agreement
is not necessarily the appropriate outcome of all mediation;
(B) Neither the existence of nor the provisions of a restraining
order issued under ORS 107.718 may be mediated;
(C) All mediation programs and mediators must develop and implement:
(i) A screening and ongoing evaluation process of domestic violence
issues for all mediation cases;
(ii) A provision for opting out of mediation that allows a party to
decline mediation after the party has been informed of the advantages and
disadvantages of mediation or at any time during the mediation; and
(iii) A set of safety procedures intended to minimize the
likelihood of intimidation or violence in the orientation session, during
mediation or on the way in or out of the building in which the
orientation or mediation occurs;
(D) When a mediator explains the process to the parties, the
mediator shall include in the explanation the disadvantages of mediation
and the alternatives to mediation;
(E) All mediators shall obtain continuing education regarding
domestic violence and related issues; and
(F) Mediation programs shall collect appropriate data. Mediation
programs shall be sensitive to domestic violence issues when determining
what data to collect.
(e) In developing the plan required by paragraph (d) of this
subsection, consult with one or more of the following:
(A) A statewide or local multidisciplinary domestic violence
coordinating council.
(B) A nonprofit private organization funded under ORS 409.292.
(2) Notwithstanding any other provision of law, mediation under ORS
107.755 to 107.795, including the mediation orientation session described
in subsection (1)(a) of this section, may not be encouraged or provided
in proceedings under ORS 30.866, 107.700 to 107.735, 124.005 to 124.040
or 163.738.
(3) The court, as provided in ORS 3.220, may make rules consistent
with ORS 107.755 to 107.795 to govern the operation and procedure of
mediation provided under this section.
(4) If a court provides mediation of financial issues, it shall
develop a list of mediators who meet the minimum education and experience
qualifications established by rules adopted under ORS 1.002. The rules
must require demonstrated proficiency in mediation of financial issues.
Once the list is developed, the judicial district shall maintain the
list. Mediation of financial issues is subject to the plan developed
under subsection (1)(d) of this section and to the limitations imposed by
subsection (2) of this section.
(5) A circuit court may provide mediation in connection with its
exercise of conciliation jurisdiction under ORS 107.510 to 107.610, but a
circuit court need not provide conciliation services in order to provide
mediation under ORS 107.755 to 107.795. [1983 c.671 §2; 1993 c.138 §4;
1995 c.273 §10; 1995 c.666 §21a; 1997 c.475 §1; 1997 c.707 §18a; 2001
c.394 §2; 2003 c.791 §24; 2005 c.22 §82](1) In a domestic relations
suit, where it appears on the face of one or more pleadings, appearances,
petitions or motions, including any form of application for the setting
aside, alteration or modification of an order or judgment, that custody,
parenting time or visitation of a child is contested, the court may, when
appropriate, refer the matter for mediation of the contested issues prior
to or concurrent with the setting of the matter for hearing. The purpose
of the mediation is to assist the parties in reaching a workable
settlement of the contested issues instead of litigating those issues
before the court. Unless the court provides for the mediation of
financial issues under ORS 107.755 (4), the mediator shall not consider
issues of property division or spousal or child support, in connection
with the mediation of a dispute concerning child custody, parenting time
or visitation, or otherwise, without the written approval of both parties
or their counsel.
(2) The mediator shall report to the court and to counsel for the
parties the outcome of the mediation at the conclusion of the mediation
proceeding. The mediator shall report in writing to the court and to
counsel for the parties any agreement reached by the parties as a result
of the mediation, and the agreement shall be incorporated in a proposed
order or judgment provision prepared for the court. If the parties do not
reach an agreement, the mediator shall report only that fact to the court
and to counsel for the parties, but shall not make a recommendation to
the court without the written consent of the parties or their counsel.
[1983 c.671 §3; 1995 c.273 §18; 1997 c.475 §2; 1997 c.707 §19; 1999 c.59
§24; 2003 c.576 §130](1) A circuit court may obtain mediation services, with the prior
approval of the governing body of each county involved, by:
(a) Using personnel performing conciliation services for the court
under ORS 107.510 to 107.610;
(b) Contracting or entering into agreements with public or private
agencies to provide mediation services to the court; or
(c) Employing or contracting for mediators directly.
(2) Personnel performing mediation services for the circuit court
shall have the minimum educational and experience qualifications
established by rules adopted under ORS 1.002.
(3) Subject to the provisions of the Local Budget Law, the
compensation and expenses of personnel performing mediation services for
the circuit court and other expenses of mediation services provided by
the court shall be paid by the county or as may be agreed upon by the
counties involved. Personnel performing mediation services are not state
employees, and their compensation and expenses shall not be paid by the
state.
(4) The parties to a child custody, parenting time or visitation
dispute that is referred by the circuit court to mediation may use, at
their option and expense, mediation services other than those provided by
the court.
(5) Two or more counties may join together to provide services
under ORS 107.510 to 107.610 and 107.755 to 107.795. [1983 c.671 §4; 1989
c.718 §25; 1997 c.475 §3; 1997 c.707 §20; 2003 c.791 §25](1) All mediation proceedings under ORS
107.755 to 107.795 shall be held in private, and all persons other than
mediation services personnel, the parties, their counsel and children of
the parties shall be excluded.
(2) All communications, verbal or written, made in mediation
proceedings shall be confidential. A party or any other individual
engaged in mediation proceedings shall not be examined in any civil or
criminal action as to such communications and such communications shall
not be used in any civil or criminal action without the consent of the
parties to the mediation. Exceptions to testimonial privilege otherwise
applicable under ORS 40.225 to 40.295 do not apply to communications made
confidential under this subsection.
(3) All records of the court with respect to mediation proceedings
shall be closed except for:
(a) Records reflecting which cases have been referred for mediation
under ORS 107.765 (1);
(b) The mediator’s report to the court made under the provisions of
ORS 107.765 (2); and
(c) Information used to compile statistical data. [1983 c.671 §5;
1995 c.273 §19]Nothing in ORS 21.112,
107.615 and 107.755 to 107.795 shall preclude a party from obtaining any
orders available under ORS 107.700 to 107.735 or ORS 124.005 to 124.040
before or during mediation. [1983 c.671 §8; 1995 c.666 §22]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. [1981 c.775 §9]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, the issue of
life insurance shall be determined as follows:
(1) When the judgment creates an obligation of spousal or child
support or awards a share of a pension or retirement plan, the judgment
may also require that the obligated party maintain any existing insurance
policies on the life of the obligated spouse and in which the dependent
spouse is named as beneficiary. The judgment may require that the
policies be maintained until the obligation is fulfilled. The premiums
may be paid by the obligated spouse, and the court may consider the cost
of premiums when determining the obligation. Any life insurance policies
on the life of the obligated spouse owned by parties outside of the
marriage or purchased and held for purposes clearly outside the marriage
relationship are exempt from this subsection.
(2) If the party ordered to pay support or a share of a pension or
retirement plan has no life insurance policy naming as beneficiary the
party ordered to receive either support or a share of a pension or
retirement plan, or if an existing policy is inadequate to cover the
obligation, the court in a judgment may order that the party ordered to
pay shall purchase a life insurance policy naming as beneficiary the
party ordered to receive the support or a share of a pension or
retirement plan and that the obligated party shall pay premiums on the
policy and keep the policy in force until the obligation ends. The
obligated spouse has the option of obtaining a nonreducing term life
insurance policy or any other type of policy in lieu of using existing
policies.
(3) Additionally, the party awarded the right to receive support or
a share of a pension or retirement plan may purchase a life insurance
policy on the life of the obligated party. In such case the court shall
order the obligated party to undergo a physical examination. All rights
of policy ownership, including those regarding the extent of coverage,
shall be in the party purchasing the policy under this subsection who
shall also be responsible for paying the premiums. The provisions of this
subsection may be exercised at the time of annulment, dissolution or
separation, or at any later time while the obligation continues.
(4) Upon motion of either party, the court shall order a party to
renew a life insurance policy allowed to lapse for any reason during the
pendency of the suit.
(5) A party who is the beneficiary of any policy under this section
upon which the other party is obligated to pay premiums, is entitled, in
the event of default by the paying party, to pay the premiums on the
policy and to obtain a supplemental judgment for reimbursement of any
money so expended. A default in the payment of premiums by the party
obligated by the judgment or order is a contempt of the court.
(6) Life insurance retained or purchased by an obligor under
subsection (1) or (2) of this section for the purpose of protecting the
support, pension or retirement plan obligation shall not be reduced by
loans or any other means of reduction until the obligation has been
fulfilled. The obligee or the 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.
[1981 c.775 §11; 1983 c.728 §5; 1987 c.885 §4; 1993 c.716 §5; 2003 c.576
§131]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 obtaining the policy is responsible for all premiums
to be paid and for the choice of policy type and amount. If either party
owns life insurance on the life of the paying spouse, and it is allowed
to lapse for any reason during the suit, upon the request of the party
receiving support, the paying spouse can be ordered to submit to a
physical examination for the purpose of renewing the policy, if such
examination is a requirement for renewal. [1981 c.775 §12]MISCELLANEOUS(1) When any court enters a judgment, order or modification
of any judgment or order under ORS chapter 25, 107, 108, 109, 110 or 416,
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. The content of the waiver shall be substantially as
follows:
___________________________________________________________________________
___In order to maintain the confidentiality of my residential address,
I hereby waive my right to personal service if I am subsequently charged
with contempt. I am giving the following contact address for service of
process and select the following method of substituted service:
( ) Mailing address:____________
( ) Business address:____________
( ) Specified agent:____________
Signed:_______________________________________________________________________________________
___
(2) Any time after a party has waived personal service under
subsection (1) of this section, the party may file an amended waiver in
substantially the same form designating a different method of substituted
service or a different address for substituted service. The party must
give notice of the amendment to all other parties. [1993 c.448 §6; 1995
c.608 §35; 2003 c.576 §132]Note: 107.835 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 107 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. In any
proceeding brought under this chapter, an authorization of attorney fees
to a party also authorizes an award of attorney fees to or against any
person who has appeared or intervened in the proceeding. [1997 c.90 §2;
2005 c.22 §83] (1) The State
Court Administrator shall establish a procedure applicable to every court
in this state that ensures that the Social Security numbers of parties to
a proceeding under ORS 107.085 or 107.485 are kept confidential and
exempt from public inspection.
(2) The procedure established under this section must:
(a) Require that Social Security numbers be listed on a separate
paper attached to an affidavit of the person providing the Social
Security number certifying that the Social Security number is correct;
(b) Ensure that the Social Security numbers are provided to or made
accessible to the entities primarily responsible for providing support
enforcement services under ORS 25.080; and
(c) Comply with the requirements of 42 U.S.C. 666 relating to
provision of Social Security numbers. [2003 c.380 §1] A judgment entered under this
chapter may be altered or modified only by the entry of a supplemental
judgment under ORS chapter 18. [2003 c.576 §101]
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