71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 124
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Judiciary
Committee for Family Law section of Oregon State Bar)
CHAPTER ................
AN ACT
Relating to entry of decrees; amending ORS 107.095.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 107.095 is amended to read:
107.095. (1) After the commencement of a suit for marital
annulment, dissolution or separation and until a decree therein,
the court may provide as follows:
(a) That a party pay to the clerk of the court 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 Department of Justice, court clerk or
court administrator, whichever is appropriate, 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.
Enrolled Senate Bill 124 (SB 124-INTRO) Page 1
(2) In case default is made in the payment of any moneys
falling due under the terms of an order pending suit, any such
delinquent amount shall be entered and docketed as a judgment,
and execution or garnishment may issue thereon to enforce payment
thereof in the same manner and with like effect as upon a final
decree. The remedy provided in this subsection shall be deemed
cumulative and not exclusive.
(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 decree + }, the court
may, when the cause is otherwise ready for hearing on the merits,
in lieu of such hearing, enter a decree of annulment or
dissolution or for separation based upon a current affidavit of
the petitioner or copetitioners, setting forth a prima facie
case, and covering such additional matters as the court may
require. If child support or custody of minor children is
involved, then the affidavit also shall include:
(a) The gross monthly income of each party, to the best of the
affiant's knowledge; and
(b) 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.
----------
Passed by Senate March 5, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 15, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 124 (SB 124-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 124 (SB 124-INTRO) Page 3