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

entry of judgment upon affidavit or declaration under penalty of perjury establishing prima facie case

Text
Annotations 6

(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 other party 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 other party 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 (Provisions of judgment) (1)(a) and for the parenting time rights as described in ORS 107.105 (Provisions of judgment) (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 (Definitions), or other money award, as defined by ORS 18.005 (Definitions). Notwithstanding ORS 19.255 (Time for service and filing of notice of appeal), 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 or declaration under penalty of perjury in the form required by ORCP 1 E, executed by the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If custody of minor children is involved, then the affidavit or declaration under penalty of perjury must also include 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 (Enforcement of restraining orders). 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; 2011 c.115 §1; 2013 c.155 §3; 2015 c.121 §3]

Source: Section 107.095 — Provisions court may make after commencement of suit and before judgment; entry of judgment upon affidavit or declaration under penalty of perjury establishing prima facie case, https://www.oregonlegislature.gov/bills_laws/ors/ors107.html.

Notes of Decisions

Under former similar statute (ORS 107.250)

Since no temporary order granting fees to plaintiff had been made prior to defendant’s death, the court’s jurisdiction ended and it could not thereafter award attorney fees. Drucker v. Drucker, 7 Or App 85, 488 P2d 1377 (1971), Sup Ct review denied

In general

Each payment under temporary support order becomes judgment upon due date if unpaid and cannot be canceled by court in determining property division. Alls and Alls, 137 Or App 32, 902 P2d 1204 (1995)

Rule against court forgiveness of temporary support arrearage applies to arrearages in noncash obligations. Binnell and Binnell, 153 Or App 204, 956 P2d 1003 (1998)

Support arrearage amount may be made setoff against property division equalizing judgment. Binnell and Binnell, 153 Or App 204, 956 P2d 1003 (1998)

Attorney General Opinions

In general

Legal effect of pendente lite order after final divorce decree, (1975) Vol 37, p 698

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

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

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(2)

(3)

(4)

(5)

Notes of Decisions

In general

Attorney General Opinions

In general

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