ORS 107.085
Petition
- title
- content
(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 (Definitions for ORS 107.510 to 107.610);(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 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings), 108.110 (Petition for support of spouse and children), 109.100 (Petition for support), 125.025 (Authority of the court in protective proceedings) or 419B.400 (Authority to order support) or ORS chapter 110;(C)
Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions), involving dependents of the same marriage; and(D)
Whether there exists in this state or any other jurisdiction a protective order between the parties as authorized by ORS 30.866 (Action for issuance or violation of stalking protective order), 107.700 (Short title) to 107.735 (Duties of State Court Administrator), 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title), 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order) or 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required), or any other order that restrains one of the parties from contact with the other party or with the parties’ minor children; 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 (Restraining order).(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 (Notice of lis pendens).(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 (Confidentiality of Social Security numbers). [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; 2015 c.298 §89; 2015 c.399 §1; 2021 c.597 §57]
Source:
Section 107.085 — Petition; title; content, https://www.oregonlegislature.gov/bills_laws/ors/ors107.html.
Law Review Citations
51 OLR 718, 721 (1972)
Up to date