Oregon Code- Divorce Statutes in Oregon

Oregon code § 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 it may come into question.
      (2) When either husband or wife claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, it may at the suit of the other be declared valid or that it was void from the beginning or that it is void from the time of the judgment.
      (3) A marriage once declared valid by the judgment of a divorce court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise.

Oregon divorce statutes 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.

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Oregon code § 107.015 Grounds for 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.

Oregon divorce statutes 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 husband and wife, 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. 

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Oregon code § 107.093 Restraining order; request for hearing.

(1) After a petition for marriage annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent as provided in ORCP 7, a restraining order is in effect against the petitioner and the respondent until a final judgment is issued, until the petition for marriage annulment, separation or dissolution is dismissed, or until further order of the court.
      (2) The restraining order issued under this section shall restrain the petitioner and respondent from:
      (a) Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary.
      (b) Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy.
      (c) Transferring, encumbering, concealing or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. This paragraph does not apply to payment by either party of:
      (A) Attorney fees in the existing action;
      (B) Real estate and income taxes;
      (C) Mental health therapy expenses for either party or a minor child of the parties; or
      (D) Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.
      (d) Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party. This paragraph does not apply to payment by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.
      (3) Either party restrained under this section may apply to the court for further temporary orders, including modification or revocation of the restraining order issued under this section.
      (4) The restraining order issued under this section shall also include a notice that either party may request a hearing on the restraining order by filing a request for hearing with the court.
      (5) A copy of the restraining order issued under this section shall be attached to the summons.
      (6) A party who violates a term of a restraining order issued under this section is subject to imposition of remedial sanctions under ORS 33.055 based on the violation, but is not subject to:
      (a) Criminal prosecution based on the violation; or
      (b) Imposition of punitive sanctions under ORS 33.065 based on the violation.

Oregon divorce statutes 107.097 Ex parte temporary child custody or parenting time orders; temporary protective order of restraint; hearing.
(1) Except as otherwise provided in subsection (3) of this section, a court may not enter ex parte a temporary order under ORS 107.095, 109.103 or 109.119 providing for the custody of, or parenting time with, a child.
      (2)(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit conforming to the requirements of ORS 109.767.
      (b) Upon receipt of an application under this subsection, the court may issue a temporary

protective order of restraint restraining and enjoining each party from:
      (A) Changing the child’s usual place of residence;
      (B) Interfering with the present placement and daily schedule of the child;
      (C) Hiding or secreting the child from the other party;
      (D) Interfering with the other party’s usual contact and parenting time with the child;
      (E) Leaving the state with the child without the written permission of the other party or the permission of the court; or
      (F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.
      (c) A copy of the order and the supporting affidavit must be served on the other party in the manner of service of a summons under ORCP 7. (3)(a) A court may enter ex parte a temporary order providing for child custody of, or parenting time with, a child if:
      (A) The party requesting an order is present in court and presents an affidavit alleging that the child is in immediate danger; and
      (B) The court finds, based on the facts presented in the party’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.
      (b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.
      (c) A copy of the order and the supporting affidavit must be served on the other party in the manner of service of a summons under ORCP 7. (4)(a) A party against whom an order is entered under subsection (2) or (3) of this section may request a hearing by filing with the court a hearing request described in subsection (2) or (3) of this section at any time while the order is in effect.
      (b) The divorce court shall make reasonable efforts to hold a hearing within 14 days and shall hold a hearing no later than 21 days after receipt of the request for the hearing. The court shall notify each party of the time, date and place of the hearing.
      (c) An order issued under subsection (2) or (3) of this section remains in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause, the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the divorce court shall vacate the order.
      (d) The issue at a hearing to contest:
      (A) A temporary protective order of restraint is limited to a determination of the status quo at the time the order was issued. If the child’s usual place of residence cannot be determined, the court may make any further order the court finds appropriate in the best interests of the child.
      (B) A temporary order for the custody of, or parenting time with, a child is limited to whether the child was in immediate danger at the time the order was issued.
      (5) The State Court Administrator shall prescribe the content and form of a request for a hearing described in subsections (2) and (3) of this section.
      (6) As used in this section:
      (a) “Child’s usual place of residence” has the meaning given that term in ORS 107.138.
      (b) “Party’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” have the meanings given “parent’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” in ORS 107.138.

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Oregon code § 107.102 Parenting plan; content.

(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 to 107.735, there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.
      (2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.
      (3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

      (a) Residential schedule;
      (b) Holiday, birthday and vacation planning;(c) Weekends, including holidays, and school in-service days preceding or following weekends;
      (d) Decision-making and responsibility;
      (e) Information sharing and access;
      (f)  Relocation of parents;
      (g) Telephone access;
      (h) Transportation; and
      (i)  Methods for resolving disputes.
      (4)(a) The court shall develop a detailed parenting plan when:
      (A) So requested by either parent; or
      (B) The parent or parents are unable to develop a parenting plan.
      (b) In developing a parenting plan under this subsection, the court may consider only the best interests of the child and the safety of the parties.

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Oregon code § 107.108 Support or maintenance for child attending school; rules.

(1) As used in this section:
      (a) “Child attending school” means a child of the parties who:
      (A) Is unmarried;
      (B) Is 18 years of age or older and under 21 years of age;
      (C) Is making satisfactory academic progress as defined by the school that the child attends; and
      (D) Has a course load that is no less than one-half of the load that is determined by the school to constitute full-time enrollment.
      (b) “Regularly scheduled break” means:
      (A) A summer semester or term;
      (B) A period of time not exceeding four months between graduation from or completion of school and the beginning of the next regularly scheduled term, semester or course of study at school;
      (C) A period of time between the end and beginning of regularly scheduled consecutive school semesters, terms or courses of study; or
      (D) Any other scheduled break between courses of study that is defined by the school as a regularly scheduled break.
      (c) “School” means:
      (A) An educational facility such as a high school, community college, four-year college or university;
      (B) A course of professional, vocational or technical training, including the Job Corps, designed to fit the child for gainful employment; or
      (C) A high school equivalency course, including but not limited to a General Educational Development (GED) program, an educational program for grade 12 or below and home schooling.
      (2) A support order entered or modified under this chapter or under ORS chapter 25, 108, 109, 110, 125, 416, 419B or 419C may require either parent, or both of them, to provide for the support or maintenance of a child attending school.
      (3) Notwithstanding ORS 416.407, a child attending school is a party to any legal proceeding related to the support order. A child attending school may:
      (a) Apply for services under ORS 25.080:
      (A) If a support order provides for the support or maintenance of the child attending school; or
      (B) In accordance with rules adopted by the Department of Justice;
      (b) Request a judicial or administrative modification of the child support amount or may receive notice of and participate in any modification proceeding; and
      (c) Agree, in the same manner as an obligee under ORS 25.020 (12), that payments not made to the Department of Justice should be credited for amounts that would have been paid to the child attending school if the payments had been made to the department.
      (4) Regardless of whether the child is a child attending school, an unmarried child who is 18 years of age or older and under 21 years of age:
      (a) Is a necessary party to a judicial proceeding under ORS 107.085, 107.135, 107.431, 108.110, 109.103 or 109.165 in which the child’s parents are parties and the court has authority to order or modify support for a child attending school; and
      (b) May request notice of any proceeding initiated by the administrator to modify a child support order that may affect the child’s rights as a child attending school. To receive notice, the child shall provide an address to the administrator, and the administrator shall notify the child of any modification proceeding by first class mail. To be a party to a proceeding, the child must send a written request to the administrator within 30 days after the date of the notice of the proceeding.
      (5)(a) If a support order provides for the support or maintenance of a child attending school and the child qualifies as a child attending school, unless good cause is found for the distribution of the payment to be made in some other manner, support shall be distributed to the child if services are being provided under ORS 25.080 or shall be paid directly to the child if those services are not being provided.
      (b) Unless otherwise ordered by the court, administrator or administrative law judge, when there are multiple children for whom support is ordered, the amount distributed or paid directly to a child attending school is a prorated share based on the number of children for whom support is ordered. However, if, due to a parenting time or split custody arrangement, support was not paid to the parent having primary physical custody of the child before the child turned 18 years of age, support may not be distributed or paid directly to the child attending school unless the support order is modified.
      (c) The Department of Justice shall adopt rules to define good cause and circumstances under which the administrator or administrative law judge may allocate support by other than a prorated share and to determine how support is to be allocated in those circumstances.
      (6)(a) For support payments to continue to be distributed or paid directly to the child attending school, the child shall provide to each parent ordered to pay support and, if services are being provided under ORS 25.080, to the department:  (A) Written notice of the child’s intent to attend or continue to attend school. The child shall provide the notice before reaching 18 years of age. The notice must include the name of the school and the expected graduation date or date when the child will stop attending classes. If the child changes schools, the child shall provide the information required by this subsection concerning the subsequent school before the expected graduation date or date when the child will stop attending classes at the previous school.
      (B) Written consent that:
      (i) Is directed to the child’s school and is in a form consistent with state and federal requirements that restrict disclosure of student records;
      (ii) Gives the school authority to disclose to each parent ordered to pay support the child’s enrollment status, whether the child is maintaining satisfactory academic progress, a list of courses in which the child is enrolled and the child’s grades; and
      (iii) States that the disclosure is for the purpose of permitting each parent to verify the child’s compliance with the requirements of this section.
      (b) The child shall provide the written consent form described in paragraph (a)(B) of this subsection within 30 days after the beginning of the first term or semester after the child reaches 18 years of age, at the beginning of each academic year thereafter and as otherwise

required by the school to disclose the information under this section.
      (c) If an order of nondisclosure of information has been entered concerning the child under ORS 25.020, the child may provide the information described in paragraph (a)(B) of this subsection in the manner established by the department by rule.
      (7) Each parent ordered to pay support shall continue to make support payments, to be distributed or paid directly, to the child during regularly scheduled breaks as long as the child intends to continue attending school the next scheduled term or semester.
      (8) A parent’s obligation to pay support to a child attending school is suspended when:
      (a) The child has reached 18 years of age and has not provided written notice of the child’s intent to attend or continue to attend school, or the child has graduated or reached the date to stop attending classes, as provided under subsection (6)(a)(A) of this section;
      (b)(A) Services are not being provided under ORS 25.080;
      (B) The parent has provided the child with a written notice of the parent’s intent to stop paying support directly to the child because the child is no longer a child attending school or the child has not provided the written consent required by subsection (6)(a)(B) of this section; and
      (C) Thirty days have passed since the parent provided the notice to the child and the parent has not received:
      (i) Written confirmation from the school that the child is enrolled in the school and is a child attending school; or
      (ii) The written consent from the child as required by subsection (6)(a)(B) of this section;
      (c)(A) Services are being provided under ORS 25.080;
      (B) A parent ordered to pay support has provided the department with written notice that the child is no longer a child attending school or that the child has not provided the written consent required by subsection (6)(a)(B) of this section;
      (C) The department has provided written notice to the child requiring:
      (i) Written confirmation, on a form developed by the department, from the school that the child is enrolled in the school and is a child attending school; and
      (ii) Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support; and
      (D) Thirty days have passed since the department provided the notice to the child and the department has not received:
      (i) Written confirmation from the school that the child is enrolled in the school and is a child attending school; or
      (ii) Proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support.
      (9) When a parent’s support obligation has been suspended under subsection (8) of this section, the obligation is reinstated:
      (a) If services are not being provided under ORS 25.080, effective on the date the parent receives written confirmation from the school that the child is enrolled in the school and is a child attending school and receives the written consent from the child as required by subsection (6)(a)(B) of this section; or
      (b) If services are being provided under ORS 25.080, effective on the date the department receives written confirmation from the school that the child is enrolled in the school and is a child attending school and receives proof that the written consent required by subsection (6)(a)(B) of this section has been provided to the parent ordered to pay support.
      (10) If a parent ordered to pay support is paying a prorated share under subsection (5) of this section and that obligation is suspended under subsection (8) of this section, the parent shall pay to the obligee the amount previously paid to the child attending school until such time as the support order is modified. The suspension of a parent’s obligation to pay support to a child attending school is a substantial change of circumstances for purposes of modifying a support order. In a proceeding to modify a support order, the court, administrator or administrative law judge may order a modified amount of support and may order an amount of support to be paid in the event that a support obligation is reinstated under subsection (9) of this section.
      (11)(a) If services are being provided under ORS 25.080 and the department has suspended a support obligation under subsection (8) of this section or reinstated a support obligation under subsection (9) of this section, a party may request administrative review of the action within 30 days after the date of the notice that the department has suspended or reinstated the support obligation.
      (b) The department may adopt rules specifying the issues that may be considered on review.
      (c) A party may appeal the department’s decision on review under ORS 183.484.
      (12)(a) Notwithstanding any other provision of this section, if a parent who is required to provide for the support or maintenance of a child attending school has established a higher education savings plan for the child’s continued education, the court may order payment in accordance with the plan instead of ordering support that would otherwise be distributed or paid directly to the child under this section.
      (b) If the court orders payment in accordance with the plan, the court may not order compliance with or payment of that provision of the order through the department.
      (c) As used in this subsection, “higher education savings plan” means a tax-advantaged account established by a parent on behalf of a child for the purpose of paying qualified higher education expenses of the child at eligible educational institutions.
      (13) A support order that provides for the support or maintenance of a child attending school is subject to this section regardless of when the support order was entered.
      (14) A support order that provides for the support or maintenance of a child attending school is intended to recognize the importance of continuing education for a child over 18 years of age who does not benefit from an intact family or who has been removed from the household. While support may serve to supplement the resources available to the child attending school, it is not intended to replace other resources or meet all of the financial needs of a child attending school.

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Ohio code § 107.137 Factors considered in determining custody of child.

(1) In determining custody of a minor child under ORS 107.105 or 107.135, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
      (a) The emotional ties between the child and other family members;
      (b) The interest of the parties in and attitude toward the child;
      (c) The desirability of continuing an existing relationship;
      (d) The abuse of one parent by the other;
      (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
      (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with

the other parent will endanger the health or safety of either parent or the child.
      (2) The best interests and welfare of the child in a custody matter shall not be determined by isolating any one of the relevant factors referred to in subsection (1) of this section, or any other relevant factor, and relying on it to the exclusion of other factors. However, if a parent has committed abuse, as defined in ORS 107.705, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse.
      (3) In determining custody of a minor child under ORS 107.105 or 107.135, the court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.
      (4) No preference in custody shall be given to the mother over the father for the sole reason that she is the mother, nor shall any preference be given to the father over the mother for the sole reason that he is the father.

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Ohio code §  107.765 When referral to mediation permitted; scope of mediation; report to court of outcome of mediation.

(1) In a domestic relations suit, where it appears on the face of one or more pleadings, appearances, petitions or motions, including any form of application for the setting aside, alteration or modification of an order or judgment, that custody, parenting time or visitation of a child is contested, the court may, when appropriate, refer the matter for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing. The purpose of the mediation is to assist the parties in reaching a workable settlement of the contested issues instead of litigating those issues before the court. Unless the court provides for the mediation of financial issues under ORS 107.755 (4), the mediator shall not consider issues of property division or spousal or  

child support, in connection with the mediation of a dispute concerning child custody, parenting time or visitation, or otherwise, without the written approval of both parties or their counsel.

      (2) The mediator shall report to the court and to counsel for the parties the outcome of the mediation at the conclusion of the mediation proceeding. The mediator shall report in writing to the court and to counsel for the parties any agreement reached by the parties as a result of the mediation, and the agreement shall be incorporated in a proposed order or judgment provision prepared for the court. If the parties do not reach an agreement, the mediator shall report only that fact to the court and to counsel for the parties, but shall not make a recommendation to the court without the written consent of the parties or their counsel.

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