107.843���� Supplemental judgments ����� Note: Definitions in 25.010 and 25.011 apply to ORS chapter 107. DISSOLUTION, ANNULMENT AND SEPARATION ����� 107.005 Annulment of void marriage; de

107.843���� Supplemental judgments

����� Note: Definitions in 25.010 and 25.011 apply to ORS chapter 107.

DISSOLUTION, ANNULMENT AND SEPARATION

����� 107.005 Annulment of void marriage; declaration of validity; effect of declaration. (1) A marriage may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not, shall be deemed and held to be void in any action, suit or proceeding in which the marriage may come into question.

����� (2) When either spouse claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, the marriage may at the suit of the other be declared valid or that the marriage was void from the beginning or that the marriage is void from the time of the judgment.

����� (3) A marriage once declared valid by the judgment of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise. [1971 c.280 �7; 2003 c.576 �102; 2015 c.629 �11]

����� 107.010 [Repealed by 1971 c.280 �28]

����� 107.015 Grounds for annulment or dissolution of marriage. (1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered:

����� (a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or

����� (b) When the consent of either party was obtained by force or fraud.

����� (2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified. [1971 c.280 �8; 2003 c.576 �103; 2007 c.22 �2]

����� 107.020 [Repealed by 1971 c.280 �28]

����� 107.025 Irreconcilable differences as grounds for dissolution or separation. (1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.

����� (2) A judgment for separation may be rendered when:

����� (a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage;

����� (b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as spouses, and the court finds such agreement to be just and equitable; or

����� (c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest. [1971 c.280 �9; 1973 c.502 �1; 2003 c.576 �104; 2015 c.629 �12]

����� 107.030 [Amended by 1953 c.439 �2; 1965 c.311 �1; repealed by 1971 c.280 �28]

����� 107.035 [1969 c.264 �2; repealed by 1971 c.280 �28]

����� 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]

����� 107.040 [Amended by 1965 c.388 �1; repealed by 1971 c.280 �28]

����� 107.045 [1957 c.444 �1; 1965 c.603 �1; repealed by 1971 c.280 �28]

����� 107.046 Appearance by public official. The district attorney, or in appropriate cases the Division of Child Support, shall appear in any suit for the annulment or dissolution of a marriage or for separation when requested by the court. [1971 c.280 �4; 1973 c.502 �3; 1979 c.482 �1]

����� 107.050 [Amended by 1965 c.603 �2; repealed by 1971 c.280 �28]

����� 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]

����� 107.060 [Amended by 1965 c.603 �3; repealed by 1971 c.280 �28]

����� 107.065 [1971 c.280 �6; 1979 c.284 �99; 1999 c.569 �1; 2003 c.576 �243; repealed by 2011 c.114 �1]

����� 107.070 [Repealed by 1971 c.280 �28]

����� 107.075 Residence requirements. (1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015.

����� (2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.

����� (3) In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced.

����� (4) Residence or domicile under subsection (2) or (3) of this section is sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or where the cause of suit arose. [1971 c.280 �5; 1973 c.502 �5]

����� 107.080 [Repealed by 1971 c.280 �28]

����� 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;

����� (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 to 25.556, 108.110, 109.100, 125.025 or