Read the full stored bill text
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2638
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
on Judiciary for Representative Kim Wallan)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes changes to what a court can order with regard to the parties’ property
rights while a case to end the marriage is pending. (Flesch Readability Score: 66.5).
Modifies the court’s authority regarding the parties’ property rights while a proceeding to ter-
minate a marriage is pending.
A BILL FOR AN ACT
Relating to family law; 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 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 chil-
dren 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 exclusive 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
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3384
HB 2638
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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 sub-
section (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 ap-
peared 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 in-
clude 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 pro-
vided notice and an opportunity to be heard, the court shall also include in the order, when appro-
priate, 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.
[2]