Marital Dissolution, Annulment and Separation

ORS 107.055
Appearance by respondent

  • affirmative defenses abolished

The respondent shall not be required to answer a petition for annulment or dissolution of a marriage or for separation except by filing a general appearance or a general appearance with counterclaims relating to matters other than the grounds for annulment, dissolution or separation. Affirmative defenses are abolished. [1971 c.280 §11; 1973 c.502 §4]

Notes of Decisions

Legislative intent expressed in this section dictated against application of the "clean hands" doctrine as a bar to petitioner's suit for dissolution. Holford and Holford, 19 Or App 508, 528 P2d 119 (1974)

Filing general appearance does not satisfy ORCP 68C pleading requirement for attorney fees. Ornelas and Ornelas, 217 Or App 124, 174 P3d 1077 (2007)

Law Review Citations

51 OLR 718 (1972)

Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)


Last accessed
Jun. 26, 2021