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
419B.400 or ORS chapter 110;
(C) Whether there
exists in this state or any other jurisdiction a support order, as defined in
ORS 110.503, 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, 107.700 to 107.735, 124.005 to 124.040,
163.730 to 163.750 or 163.760 to 163.777, 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.
(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.
(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. [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]
Notes of Decisions
Hoyt v. Am. Traders, Inc., 725 P.2d 336 (Or. 1986).
“The universal practice is for the court to prepare a single document, usually entitled “Decree,” that (1) dissolves the marriage, (2) awards custody, (3) orders support, (4) divides the property, (5) lists other provisions involving costs or attorney fees, and (6) lists…”
In re the Marriage of Owens, 49 P.3d 111 (Or. Ct. App. 2002).
“ORCP 13 A; ORS 107.085. At trial in September, the trial court heard unrebut-ted testimony from wife.”
In re Schwindt, 414 P.3d 859 (Or. Ct. App. 2018).
“Generally, because a dissolution proceeding under ORS 107.085 (petition) and ORS 107.105 (judgment) proceeds on one broad petition, met by a cursory "response," rather than as a pleading with distinct tort or contract claims, a dissolution is unlike other adversarial proceedings.”
In re the Marriage of Saunders, 975 P.2d 927 (Or. Ct. App. 1999).
“ORS 107.085(1). The petition need not assert any “claim” pertaining to the division of the parties’ property, the custody of their children, child support, or spousal support.”
Hoyt v. Am. Traders, Inc., 709 P.2d 1090 (Or. Ct. App. 1985).
“Under the relevant statutory scheme, dissolution petitions do not have to contain such specific descriptions and specific requests, see ORS 107.085, and, when they do, the specification is legally meaningless in the context of the dissolution procedure.”
Mares v. Mares, 886 P.2d 17 (Or. Ct. App. 1994).
“087 provides: “Whenever a suit for dissolution, separation or annulment is initiated under ORS 107.085 and aid, as defined in ORS 418.”
Dep't of Human Resources v. McGraw, 683 P.2d 154 (Or. Ct. App. 1984).
· cites it 2× “The existing remedies pertaining to family desertion and nonsupport of dependent children are to be augmented by the additional remedies provided in ORS 107.085 and 416.400 to 416.470 which are directed to the real and personal property resources of the responsible parents.”
In re the Marriage of Wagner, 747 P.2d 400 (Or. Ct. App. 1987).
“465(2) and ORS 107.085. A judgment issued pursuant to the supplemental motion cannot abridge any rights which have vested as a result of the judgment of separation.”
In re the Marriage of Henry, 725 P.2d 943 (Or. Ct. App. 1986).
· cites it 2× “5 His allegations that there are no other pending domestic relation actions meet the requirements of ORS 107.085(2) 6 but not those of ORS 109.”
Weller v. Weller, 988 P.2d 921 (Or. Ct. App. 1999).
· cites it 2× “) Compare ORS 107.085(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)).”
McKechnie & McKechnie, 463 P.3d 560 (Or. Ct. App. 2020).
“A general judgment entered under this section may include an amount for support as requested in a petition filed under ORS 107.085 or under a motion for relief made pursuant to ORS 107.”
In re Leloff, 314 P.3d 711 (Or. Ct. App. 2013).
“105(l)(c) (in a dissolution judgment, a court may provide for child support and the judgment may include an amount for support as requested in a “petition filed under ORS 107.085 or under a motion for relief made pursuant to ORS 107.”
— Or. Rev. Stat. § 107.085(1) — 2 cases
In re the Marriage of Saunders, 975 P.2d 927 (Or. Ct. App. 1999).
“ORS 107.085(1). The petition need not assert any “claim” pertaining to the division of the parties’ property, the custody of their children, child support, or spousal support.”
Weller v. Weller, 988 P.2d 921 (Or. Ct. App. 1999).
“) Compare ORS 107.085(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)).”
— Or. Rev. Stat. § 107.085(2) — 2 cases
In re the Marriage of Henry, 725 P.2d 943 (Or. Ct. App. 1986).
“5 His allegations that there are no other pending domestic relation actions meet the requirements of ORS 107.085(2) 6 but not those of ORS 109.”
Weller v. Weller, 988 P.2d 921 (Or. Ct. App. 1999).
“) Compare ORS 107.085(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)).”
— Or. Rev. Stat. § 107.085(3) — 1 case
Hoyt v. Am. Traders, Inc., 725 P.2d 336 (Or. 1986).
“The universal practice is for the court to prepare a single document, usually entitled “Decree,” that (1) dissolves the marriage, (2) awards custody, (3) orders support, (4) divides the property, (5) lists other provisions involving costs or attorney fees, and (6) lists…”
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