ORS 107.036
Doctrines of fault and in pari delicto abolished

  • evidence and consideration of fault

(1)

The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation.

(2)

The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.

(3)

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

(4)

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

Source: Section 107.036 — Doctrines of fault and in pari delicto abolished; evidence and consideration of fault, https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html.

Notes of Decisions

Legislative intent is that in dividing, awarding or distributing property of parties, court cannot consider evidence of “fault” used to establish fraud for annulment of marriage. DeVille and DeVille, 45 Or App 53, 607 P2d 228 (1980)

Law Review Citations

51 OLR 718, 721, 723, 724 (1972); 10 WLJ 118 (1973)

107.005
Annulment of void marriage 107.015
Grounds for annulment or dissolution of marriage 107.025
Irreconcilable differences as grounds for dissolution or separation 107.036
Doctrines of fault and in pari delicto abolished 107.046
Appearance by public official 107.055
Appearance by respondent 107.075
Residence requirements 107.085
Petition 107.086
Where to file petition 107.087
When petition to be served on Division of Child Support 107.088
Clerk of court to furnish certain information when petition is filed 107.089
Documents parties must furnish to each other 107.092
Notice that spouse may continue health insurance coverage 107.093
Restraining order 107.094
Forms for restraining order and request for hearing 107.095
Provisions court may make after commencement of suit and before judgment 107.097
Ex parte temporary custody or parenting time orders 107.101
Policy regarding parenting 107.102
Parenting plan 107.103
Alternative dispute resolution conference procedure 107.104
Policy regarding settlement 107.105
Provisions of judgment 107.106
Provisions of order or judgment providing for custody, parenting time, visitation or support of child 107.108
Support or maintenance for child attending school 107.111
When parents equally responsible for funeral expenses of child 107.115
Effect of judgment 107.118
Definitions for ORS 107.118 to 107.131 107.121
Revocation of designation of beneficiary upon entry of judgment 107.124
Effect of revocation 107.127
Notice of revocation 107.131
Conveyance or release of contingent or expectant interests 107.133
Remedy following conviction for attempted murder or conspiracy to commit murder 107.135
Vacation or modification of judgment 107.136
Reinstatement of terminated spousal support 107.137
Factors considered in determining custody of child 107.138
Temporary status quo order regarding child custody 107.139
Post-judgment ex parte temporary custody or parenting time order 107.145
Legislative findings regarding deployed parent 107.146
Expedited hearing upon motion by deployed parent 107.149
Policy regarding parents and their children 107.154
Authority of parent when other parent granted sole custody of child 107.159
Notice of change of residence 107.164
Parents’ duty to provide information to each other 107.169
Joint custody of child 107.174
Modification of order for parenting time 107.179
Request for joint custody of children 107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought 107.405
Powers of court in dissolution, annulment or separation proceedings 107.406
Legislative findings 107.407
Petition to set aside spousal support provisions of judgment 107.408
Duty to provide income tax information 107.412
Procedure applicable to ORS 107.407 107.415
Notice of change of status of child 107.425
Investigation of parties in domestic relations suit involving children 107.431
Modification of portion of judgment regarding parenting time or child support 107.434
Expedited parenting time enforcement procedure 107.437
Order of assistance to obtain custody of child held in violation of custody order 107.445
Attorney fees in certain domestic relations proceedings 107.449
Transfer of proceeding under ORS 107.135 to auxiliary court 107.452
Reopening case if assets discovered after entry of judgment 107.455
Effect of separation statutes or judgments on subsequent dissolution proceedings 107.465
Conversion of judgment of separation into judgment of dissolution 107.475
Court to determine duration of separation 107.485
Conditions for summary dissolution procedure 107.490
Commencement of proceeding 107.500
Forms 107.510
Definitions for ORS 107.510 to 107.610 107.520
Establishment of conciliation jurisdiction 107.530
Source of conciliation services 107.540
Conciliation jurisdiction by court 107.550
Petition for conciliation jurisdiction 107.560
Effect of petition 107.570
Notice 107.580
Restriction of services 107.590
Court orders 107.600
Privacy of proceedings 107.610
Qualifications of conciliation counselors 107.615
Fees to support services 107.700
Short title 107.705
Definitions for ORS 107.700 to 107.735 107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act 107.710
Petition to circuit court for relief 107.716
Hearing 107.717
Appearance by telephone or two-way electronic communication device 107.718
Restraining order 107.719
Removal of personal effects 107.720
Enforcement of restraining orders 107.721
Petitioner’s change of residence 107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order 107.723
Service of restraining order 107.725
Renewal of order entered under ORS 107.716 or 107.718 107.726
Standing to petition for relief of person under 18 years of age 107.728
Where to file petition 107.730
Modification of order entered under ORS 107.700 to 107.735 107.732
Recovering custody of child 107.735
Duties of State Court Administrator 107.755
Court-ordered mediation 107.765
When referral to mediation permitted 107.775
Methods of providing mediation services 107.785
Privacy of proceedings 107.795
Availability of other remedies 107.810
Policy 107.820
Support order as insurable interest 107.825
Court-ordered beneficiary action against third-party beneficiary after death of obligor 107.830
Physical examination may be ordered 107.835
Waiver of personal service in subsequent contempt proceeding 107.837
Attorney fees 107.840
Confidentiality of Social Security numbers 107.843
Supplemental judgments
Green check means up to date. Up to date

Current through early 2024

§ 107.036’s source at oregon​.gov