reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 105 - Property Rights › Section 105.950 - Statutory rule against perpetuities.

(1) A nonvested property interest is invalid unless:
(a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
(b) The interest either vests or terminates within 90 years after its creation.
(2) A general power of appointment, not presently exercisable because of a condition precedent, is invalid unless:
(a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or
(b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
(3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
(b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.
(4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a) or (3)(a) of this section, the possibility that a child will be born to an individual after the individual’s death is disregarded.
(5) The language in a governing instrument is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives if, in measuring a period from the creation of a trust or other property arrangement, that language seeks:
(a) To disallow the vesting or termination of any interest or trust beyond the later of:
(A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or
(B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.
(b) To postpone the vesting or termination of any interest or trust until:
(A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or
(B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.
(c) To operate in effect in any similar fashion upon:
(A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or
(B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement. [1989 c.208 §1; 1993 c.273 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 105 - Property Rights › Section 105.955 - When nonvested property interest or power of appointment created.

(1) Except as provided in subsections (2) and (3) of this section and in ORS 105.970 (1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(2) For purposes of ORS 105.950 to 105.975, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of either a nonvested property interest or a property interest subject to a power of appointment described in ORS 105.950 (2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(3) For purposes of ORS 105.950 to 105.975, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. [1989 c.208 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 105 - Property Rights › Section 105.960 - Reformation.

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by ORS 105.950 (1)(b), (2)(b) and (3)(b) if:
(1) A nonvested property interest or a power of appointment becomes invalid under ORS 105.950, statutory rule against perpetuities;
(2) A class gift is not but might become invalid under ORS 105.950, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by ORS 105.950 (1)(a) can vest but not within 90 years after its creation. [1989 c.208 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 105 - Property Rights › Section 105.965 - Exclusions from statutory rule against perpetuities.

ORS 105.950, statutory rule against perpetuities, does not apply to:
(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
(a) A premarital or postmarital agreement;
(b) A separation or divorce settlement;
(c) A spouse’s election;
(d) A similar arrangement arising out of a prospective existing or previous marital relationship between the parties;
(e) A contract to make or not to revoke a will or trust;
(f) A contract to exercise or not to exercise a power of appointment;
(g) A transfer in satisfaction of a duty of support; or
(h) A reciprocal transfer;
(2) A fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;
(3) A power to appoint a fiduciary;
(4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(5) A nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision;
(6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;
(7) A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or
(8) A stewardship trust created pursuant to ORS 130.193 if the terms of the trust clearly elect that the statutory rule against perpetuities not apply to the trust and include a reference to this subsection. [1989 c.208 §4; 2019 c.162 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 105 - Property Rights › Section 105.970 - Prospective application.

(1) Except as extended by subsection (2) of this section, ORS 105.950 to 105.975 apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1990. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(2) If a nonvested property interest or a power of appointment was created before January 1, 1990, and is determined in a judicial proceeding, commenced on or after January 1, 1990, to violate this state’s rule against perpetuities as that rule existed before January 1, 1990, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. [1989 c.208 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 105 - Property Rights › Section 105.975 - Short title; application and construction; supersession and repeal of common law.

(1) ORS 105.950 to 105.975 shall be cited as the Uniform Statutory Rule Against Perpetuities.
(2) ORS 105.950 to 105.975 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 105.950 to 105.975 among states enacting it.
(3) ORS 105.950 to 105.975 supersede the rule of the common law known as the rule against perpetuities. [1989 c.208 §§6,7,8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 105 - Property Rights › Section 105.980 - Xeriscaping.

(1) As used in this section:
(a) "Commercial or industrial property" means property that is not used primarily for residential occupancy or for local government purposes.
(b) "Local government" has the meaning given that term in ORS 174.116.
(c) "Xeriscaping" means the selection of drought tolerant plants, the minimization of evaporation and runoff and the use of other landscape design features that minimize the need of the landscape for supplemental water from irrigation.
(2) Except as provided in subsection (3) of this section, an owner or occupant of a commercial or industrial property may install xeriscaping on landscaped portions of the property that are not otherwise set aside, dedicated or used to comply with a local government ordinance, rule or regulation regarding:
(a) Stormwater management;
(b) The preservation of natural habitat and tree canopy; or
(c) The control of invasive plant species.
(3) Subsection (2) of this section does not prohibit a local government from enforcing any contractual right of the local government with regard to the installation and maintenance of landscaping for a commercial or industrial structure developed in whole or in part with funding provided by the local government. [2011 c.178 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.010 - Marriage as civil contract; age of parties.

Marriage is a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150. [Amended by 1965 c.422 §1; 1975 c.583 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.020 - Prohibited and void marriages.

The following marriages are prohibited; and, if solemnized within this state, are absolutely void:
(1) When either party thereto had a spouse living at the time of the marriage.
(2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 §1; 2015 c.629 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.030 - Voidable marriages.

When either party to a marriage is incapable of making such contract or consenting thereto for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, such marriage shall be void from the time it is so declared by judgment of a court having jurisdiction thereof. [Amended by 2003 c.576 §372]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.041 - Marriage license; application; record.

(1) All persons wishing to enter into a marriage contract shall obtain a marriage license from the county clerk upon application, directed to any person, religious organization or congregation, or secular organization, authorized by ORS 106.120 to solemnize marriages, and authorizing the person, religious organization or congregation, or secular organization, to join together as spouses in a marriage the persons named in the license.
(2) The State Registrar of the Center for Health Statistics shall provide a standard form of the application, license and record of marriage to be used in this state that must include:
(a) Each applicant’s Social Security number recorded on a confidential portion of the application, license and record of marriage;
(b) Certain statistical data regarding age, place of birth, sex, occupation, residence and previous marital status of each applicant;
(c) The name and address of the affiant under ORS 106.050, if required; and
(d) Each applicant’s name after marriage as provided in ORS 106.220.
(3) The form of application, license and record provided by the state registrar under subsection (2) of this section may not require an address for any religious organization or congregation authorized by ORS 106.120 to solemnize marriages.
(4) Each applicant for a marriage license shall file with the county clerk from whom the marriage license is sought a written application for the license on forms prescribed for this purpose by the Center for Health Statistics.
(5) A marriage license must contain the following statement: "Neither you nor your spouse is the property of the other. The laws of the State of Oregon affirm your right to enter into marriage and at the same time to live within the marriage free from violence and abuse."
(6) An applicant may not intentionally make a material false statement in the records required by this section.
(7) The county clerk may not issue a marriage license until the provisions of this section and ORS 106.050 and 106.060 are complied with. [1953 c.143 §2; 1981 c.152 §1; 1993 c.324 §1; 1995 c.555 §4; 1999 c.80 §67; 2007 c.703 §1; 2015 c.629 §8; 2017 c.61 §2; 2017 c.466 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.045 - Fee for marriage license; purpose.

(1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 upon the application for a marriage license.
(2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. [1981 c.357 §1; 1983 c.480 §6; 1987 c.740 §1; 2009 c.595 §65a; 2011 c.720 §55]
Note:
106.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.050 - Proof of age; when affidavit required.

(1) The county clerk may accept any reasonable proof of the applicant’s age satisfactory to the clerk. The clerk may require proof of age by affidavit of some person other than either of the parties seeking the license if the clerk deems it necessary in order to determine the age of an applicant to the clerk’s satisfaction.
(2) If an applicant for a marriage license is less than 18 years of age, the applicant must file with the county clerk an affidavit of some person other than either of the parties seeking the license showing the facts other than age necessary to be shown under ORS 106.060 in the particular case, except the consent of the parent or guardian required by ORS 106.060 shall not be part of the affidavit. The affidavit is sufficient authority to the clerk, so far as the facts stated therein, for issuing the license. [Amended by 1965 c.467 §1; 1969 c.242 §1; 1987 c.340 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.060 - Consent of parent or guardian if applicant under 18.

A marriage license shall not be issued without the written consent of the parent or guardian, if any, of an applicant who is less than 18 years of age, nor in any case unless the parties are each of an age, as provided in ORS 106.010, capable of contracting marriage. If either party under 18 years of age has no parent or guardian resident within this state and either party has resided within the county in which application is made for the six months immediately preceding the application, the license may issue, if otherwise proper, without the consent of the nonresident parent or guardian. [Amended by 1965 c.467 §2; 1969 c.242 §2; 1973 c.827 §12; 1975 c.583 §2; 1987 c.340 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.077 - Issuance of marriage license; waiting period; exception.

(1) When the county clerk has received the written application for the marriage license from both applicants, and all other legal requirements for issuance of the marriage license have been met, the county clerk shall issue a marriage license which shall become effective three days after the date on which the application was signed by the applicants. The county clerk shall indicate on the license the date on which the license becomes effective. A license shall be valid for 60 days after the effective date.
(2) For good and sufficient cause shown, a written order waiving the three-day waiting period provided in subsection (1) of this section may be signed by:
(a) A judge of probate of the county;
(b) A circuit court judge of the county in which the circuit court judge is not the judge of probate if the jurisdiction of the circuit court has been extended to cover this section pursuant to ORS 3.275;
(c) A judge of a county court of the county in which the judge of the county court is not the judge of probate if the circuit court judge does not reside therein; or
(d) The county clerk or official responsible for issuing the marriage license. [1953 c.143 §4(8); 1957 c.592 §1; 1963 c.429 §1; 1967 c.534 §13; 1971 c.456 §1; 1979 c.724 §2; 1981 c.152 §2; 1983 c.156 §1; 1989 c.508 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.081 - Fetal alcohol syndrome pamphlets.

When the county clerk issues a marriage license, the county clerk shall also give to the licensees a pamphlet describing the medical condition known as fetal alcohol syndrome, its causes and its effects. The pamphlet shall be provided to the counties by the Oregon Health Authority under ORS 431A.575 for distribution under this section. [1987 c.340 §3; 2009 c.595 §66]
Note:
106.081 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.100 - County clerk’s records.

(1) The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county. The records must include the names of the parties before and after marriage, the consent of the parent or guardian, if any, the name of the affiant, the substance of the affidavit upon which the license was issued and the date of the license.
(2) Upon return of the completed application, license and record of marriage under ORS 106.170, the county clerk shall add the date of the marriage ceremony to the clerk’s records maintained under subsection (1) of this section and file the completed application, license and record of marriage. Except as provided in ORS 205.320, the county clerk may not charge a fee for filing, recording or indexing the application, license and record of marriage.
(3) The county clerk shall, upon completion of the requirements of this section and ORS 106.077, deliver the original completed application, license and report of marriage to the Center for Health Statistics as required under ORS 432.173.
(4) Notwithstanding any other provision of law, the record of marriage maintained by a county clerk is not a vital record as defined in ORS 432.005 and is a public record open and subject to full disclosure. [Amended by 2007 c.703 §2; 2013 c.341 §2; 2013 c.366 §54]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.130 - Validity of marriage solemnized by unauthorized person.

A marriage solemnized before a person, religious organization or congregation, or secular organization, that represents having the authority to solemnize marriages under ORS 106.120 is not void, nor is the validity of the marriage affected, if it is discovered after the solemnization that the person, religious organization or congregation, or secular organization, was not authorized to solemnize the marriage, if the parties to the marriage believed in good faith that the marriage was lawfully solemnized. [Amended by 1979 c.724 §4; 2001 c.501 §5; 2017 c.61 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.140 - Solemnizing marriage unlawfully or without authority.

No person shall undertake to join others in marriage knowing that the person is not lawfully authorized so to do. No person authorized to solemnize marriage shall join persons in marriage contrary to any of the provisions of ORS 106.010 to 106.060 or 106.100 to 106.190.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.150 - Form of solemnization; witnesses; solemnization before organization.

(1) In the solemnization of a marriage no particular form is required except that the parties thereto shall assent or declare in the presence of the person, religious organization or congregation, or secular organization, authorized to solemnize marriages under ORS 106.120, and in the presence of at least two witnesses, that they take each other to be spouses in a marriage.
(2) All marriages, to which there are no legal impediments, solemnized before or in any religious organization or congregation, or secular organization, authorized to solemnize marriages, according to the established ritual or form commonly practiced therein, are valid. In such case, the person presiding, officiating or celebrating in the religious organization or congregation, or secular organization, shall deliver to the county clerk who issued the marriage license the application, license and record of marriage in accordance with ORS 106.170. [Amended by 1979 c.724 §5; 2001 c.501 §2; 2007 c.703 §3; 2015 c.629 §9; 2017 c.61 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.160 - Delivery of commemorative marriage certificate.

The county clerk shall give to the parties to the marriage a commemorative marriage certificate in accordance with ORS 106.165 upon issuing the marriage license. [Amended by 1975 c.277 §4; 2007 c.703 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.165 - Form of commemorative marriage certificate; preparation; rules.

(1) The county clerk shall prescribe a standard form of a commemorative marriage certificate to be issued by the county clerk and kept by the married couple. The certificate must contain the names and addresses of the parties and of at least two witnesses, the date and place of the marriage, the signature of the person who solemnized the marriage, the date of the marriage license and the name of the county clerk who issued the license.
(2) The commemorative marriage certificate must contain the following wording in legible font type: "This is a commemorative certificate. This certificate is not the legal marriage record."
(3) The commemorative marriage certificate shall be of such size and appearance as to emphasize the importance of the event. [1975 c.277 §§1,2; 2001 c.501 §6; 2007 c.703 §5]
Note:
106.165 was added to and made a part of ORS chapter 106 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.170 - Report of marriage to county clerk.

A person solemnizing a marriage shall, within five calendar days of the marriage ceremony, complete the original application, license and record of marriage form and deliver the form to the county clerk who issued the marriage license. The person solemnizing the marriage may keep a copy of the application, license and record of marriage form. [Amended by 1981 c.176 §2; 2001 c.501 §3; 2007 c.703 §7; 2015 c.168 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.190 - Legitimacy of issue of certain imperfect marriages.

(1) The issue of marriages void under ORS 106.020 are legitimate.
(2) All children conceived or born of parents who married or who may hereafter marry prior to the expiration of six months from the date of a judgment of divorce or declaring a marriage void rendered in a suit to which one of the parents was a party or during the period of an appeal from such a judgment, if the marriage is in all other respects regular, are legitimate. [Amended by 2003 c.576 §373]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.220 - Name upon entering into marriage; legal effect.

(1) Upon entering into marriage, either party may:
(a) Retain the party’s middle name, if any, and surname prior to the marriage;
(b) Retain the party’s middle name, if any, and change the party’s surname to the surname of the other party;
(c) Either retain or remove the party’s middle name, if any, and change the party’s surname to one surname or a combination of surnames, or names within the surnames, of either or both parties, with or without a hyphen;
(d) Change the party’s middle name, if any, to the party’s surname at birth or prior to the marriage; or
(e) Add to the party’s middle name, if any, the party’s surname at birth or prior to the marriage and change the party’s surname to the surname of the other party.
(2) Each party must indicate on the application, license and record of marriage the party’s name after marriage.
(3) The name of each party after marriage as indicated on the application, license and record of marriage shall become the sole legal name of each party after marriage. If a party indicates a name change other than as described in subsection (1) of this section, the party shall request approval of the court pursuant to ORS 33.410.
(4) As used in this section, "middle name" and "surname" mean a name that may consist of one or more different names. [1975 c.733 §3; 1981 c.775 §7; 2007 c.703 §12; 2013 c.341 §1; 2015 c.425 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.300 - Short title.

ORS 106.300 to 106.340 may be cited as the Oregon Family Fairness Act. [2007 c.99 §1]
Note:
106.300 to 106.340 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.310 - Definitions for ORS 106.300 to 106.340.

As used in ORS 106.300 to 106.340 (Oregon Family Fairness Act):
(1) "Domestic partnership" means a civil contract described in ORS 106.300 to 106.340 entered into in person between two individuals who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.
(2) "Partner" means an individual joined in a domestic partnership. [2007 c.99 §3; 2009 c.561 §1; 2023 c.20 §1]
Note:
See note under 106.300.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.315 - Prohibited and void domestic partnerships.

(1) A domestic partnership is prohibited and void when:
(a) Either party to the domestic partnership had a partner or spouse living at the time of the domestic partnership unless the partner or spouse was the other party to the domestic partnership.
(b) The parties to the domestic partnership are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law. However, when the parties are first cousins by adoption only, the domestic partnership is not prohibited or void.
(2) When either party to a domestic partnership is incapable of making the civil contract or consenting to the contract for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, the domestic partnership is void from the time it is so declared by a judgment of a court having jurisdiction of the domestic partnership. [2007 c.99 §4; 2009 c.561 §2; 2015 c.629 §10]
Note:
See note under 106.300.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.320 - Form of declaration and certificate of domestic partnership.

(1) The Oregon Health Authority shall prepare forms entitled:
(a) "Declaration of Domestic Partnership" meeting the requirements of ORS 106.325; and
(b) "Certificate of Registered Domestic Partnership."
(2) The authority shall distribute the forms to each county clerk. The authority and each county clerk shall make the Declaration of Domestic Partnership forms available to the public. [2007 c.99 §5; 2009 c.595 §65b]
Note:
See note under 106.300.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.330 - Registration fee.

(1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 for registering a Declaration of Domestic Partnership.
(2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. [2007 c.99 §7; 2009 c.595 §65c; 2011 c.720 §56]
Note:
See note under 106.300.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.335 - Name upon entering into domestic partnership; legal effect.

(1) Upon entering into a domestic partnership, either party to the domestic partnership may:
(a) Retain the party’s middle name, if any, and surname prior to the domestic partnership;
(b) Retain the party’s middle name, if any, and change the party’s surname to the surname of the other party;
(c) Either retain or remove the party’s middle name, if any, and change the party’s surname to one surname or a combination of surnames, or names within the surnames, of either or both parties, with or without a hyphen;
(d) Change the party’s middle name, if any, to the party’s surname at birth or prior to the domestic partnership; or
(e) Add to the party’s middle name, if any, the party’s surname at birth or prior to the domestic partnership and change the party’s surname to the surname of the other party.
(2) Each party must indicate on the Declaration of Domestic Partnership the party’s name after domestic partnership.
(3) The name of each party after domestic partnership as indicated on the Declaration of Domestic Partnership shall become the sole legal name of each party after domestic partnership. If a party indicates a name change other than as described in subsection (1) of this section, the party shall request approval of the court pursuant to ORS 33.410.
(4) As used in this section, "middle name" and "surname" mean a name that may consist of one or more different names. [2007 c.99 §8; 2009 c.561 §4; 2013 c.341 §3; 2015 c.425 §2]
Note:
See note under 106.300.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.340 - Certain privileges, immunities, rights, benefits and responsibilities granted or imposed.

(1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is granted on equivalent terms, substantive and procedural, to an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.
(2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is imposed on equivalent terms, substantive and procedural, on an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.
(3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a partner with respect to a child of either of the partners.
(4) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a former or surviving spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a former or surviving partner with respect to a child of either of the partners.
(5) Many of the laws of this state are intertwined with federal law, and the Legislative Assembly recognizes that it does not have the jurisdiction to control federal laws or the privileges, immunities, rights, benefits and responsibilities related to federal laws.
(6) ORS 106.300 to 106.340 do not require the extension of any benefit under ORS chapter 238 or 238A, or under any other retirement, deferred compensation or other employee benefit plan.
(7) ORS 106.300 to 106.340 do not require the extension of any benefit under any employee benefit plan that is subject to federal regulation under the Employee Retirement Income Security Act of 1974.
(8) For purposes of administering Oregon tax laws, partners in a domestic partnership, surviving partners in a domestic partnership and the children of partners in a domestic partnership have the same privileges, immunities, rights, benefits and responsibilities as are granted to or imposed on spouses in a marriage, surviving spouses and their children. [2007 c.99 §9; 2023 c.20 §2]
Note:
See note under 106.300.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.345 - Equivalency of privileges, immunities, rights, benefits and responsibilities.

It is the policy of this state that:
(1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married to an individual of a different sex, is granted on equivalent terms, substantive and procedural, to an individual who is or was married to an individual of the same sex.
(2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married to an individual of a different sex, is imposed on equivalent terms, substantive and procedural, to an individual who is or was married to an individual of the same sex.
(3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a married individual with respect to a child of either of the individuals in the marriage is granted or imposed on equivalent terms, substantive and procedural, to all individuals in any marriage without regard to whether the individuals in the marriage are of different sex or of the same sex. [2016 c.46 §3]
Note:
106.345 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 106 - Marriage; Domestic Partnership › Section 106.990 - Penalties.

(1) Violation of ORS 106.041 (6) is a Class C misdemeanor.
(2) Violation of ORS 106.110 or 106.140 is a Class A misdemeanor.
(3) Refusal or neglect to comply with ORS 106.170 shall result in the forfeiture of a penalty of not less than $10 nor more than $50 to be recovered by action for every five days of such refusal or neglect. [Amended by 1953 c.143 §9; subsection (1) enacted as 1953 c.143 §5; 1981 c.152 §4; 1987 c.320 §16; 1999 c.776 §3; 2001 c.501 §7; 2007 c.703 §8; 2011 c.597 §160; 2017 c.466 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 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 ]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.086 - Where to file petition.

A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides. [2003 c.289 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.087 - When petition to be served on Division of Child Support.

Whenever a suit for dissolution, separation or annulment is initiated under ORS 107.085 and the child support rights of one of the parties or of a child of both of the parties have been assigned to the state, a true copy of the petition shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed. [1979 c.90 §6; 2001 c.334 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.088 - Clerk of court to furnish certain information when petition is filed.

(1) At the time a suit for legal separation or for dissolution is filed, the clerk of the court shall furnish to the petitioner a copy of ORS 107.089. The petitioner may serve a copy of ORS 107.089 upon the respondent and shall provide proof of service to the court in accordance with ORCP 9.
(2) Regardless of whether the petitioner serves the respondent with a copy of ORS 107.089, the respondent may serve the petitioner with a copy of ORS 107.089 at any time and provide proof of service in accordance with ORCP 9. [1995 c.800 §4; 1997 c.707 §32]