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.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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 (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 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. 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]
This rule cites
- ORS 107.105 — resolved
- ORS chapter 18 — target_record_not_published
- ORS 18.005 — resolved
- ORS 19.255 — resolved
- ORCP 1 E — resolved
- ORS 107.720 — resolved
Cited by
- ORCP 78: Order or Judgment for Specific Acts
- ORCP 79: Temporary Restraining Orders and Preliminary Injunctions
- UTCR 8.010: ACTIONS FOR DISSOLUTION OF MARRIAGE, SEPARATE
- UTCR 8.030: JOINT PETITIONS AND STIPULATED JUDGMENTS FOR DISSOLUTION
- UTCR 8.040: PREJUDGMENT RELIEF UNDER ORS 107.095(1)
- SLR 1-8.041: Pre-General Judgment Relief
- ORS 18.398: Denial of homestead exemption when judgment is for child support.
- SLR 2-8.042: PRE-JUDGMENT TEMPORARY CUSTODY, PARENTING TIME, EXCLUSIVE USE OF FAMILY HOME OR PROPERTY
- ORS 21.300: Sheriff and process server fees.
- ORS 25.100: Designation of additional court in county where party resides or property located.
- SLR 4-8.012: DOCKETING
- ORS 87.450: Filing notice of claim of lien on judgment for sum of money.
- ORS 90.453: Release of victim from tenancy; victim verification statement.
- SLR 10-8.042: Pre-Judgment Motions
- ORS 107.097: Ex parte temporary custody or parenting time orders; temporary prejudgment status quo order; hearing.
- ORS 107.105: Provisions of judgment.
- ORS 107.445: Attorney fees in certain domestic relations proceedings.
- ORS 107.455: Effect of separation statutes or judgments on subsequent dissolution proceedings.
- ORS 107.720: Enforcement of restraining orders; sheriff’s proceedings; security; termination order.
- ORS 107.722: Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order; modification of preexisting order or judgment.
- ORS 109.035: Security required before foreign travel with child.
- SLR 11-8.045: TEMPORARY PROTECTIVE ORDERS OF RESTRAINT AND EX PARTE CUSTODY/ PARENTING TIME ORDERS
- SLR 11-8.055: ORDERS TO SHOW CAUSE
- ORS 133.310: Authority of peace officer to arrest without warrant.
- ORS 133.381: Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued.
- ORS 137.225: Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations.
- SLR 14-8.041: PREJUDGMENT RELIEF
- SLR 17-8.045: Pre-Judgment Temporary Orders ................................ ................................
- SLR 18-12.001: Child Custody and Parenting Time Mediation
- SLR 19-8.041: Pre-judgment Relief/Pendente Lite Relief 14
- SLR 20-8.061: Ex Parte and Other Matters Not Docketed for Hearing, Including Family, Elder, and Disabled Protective Orders, Extreme Risk Protective Orders, Emergency Custody, Writs of Assistance, and Matters Required to be Presented at Ex Parte Under SLR 2.501(2) … 17
- SLR 22-8.055: Temporary Relief Motions
- SLR 24-8.021: TEMPORARY SUPPORT MOTIONS
- SLR 24-12.151: MATTERS SUBJECT TO MEDIATION
- SLR 25-8.045: PREJUDGMENT RELIEF
- SLR 26-8.042: HEARINGS FOR PENDENTE LITE RELIEF
- SLR 27-6.135: Trial, Hearing and Jury Fees . . . . . 8
- OAR 839-005-0170: Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation; Certification; Records Confidential
- OAR 839-009-0362: Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors107.html