2015 ORS 107.075¹
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 (Prohibited and void marriages) or 107.015 (Grounds for annulment or dissolution of marriage).

(2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 (Prohibited and void marriages) or 107.015 (Grounds for annulment or dissolution of marriage) 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]

See also annota­tions under ORS 107.230 in permanent edi­tion.

Notes of Decisions

Status as nonimmigrant alien does not prevent es­tab­lish­ment of domicile in Oregon for purposes of dissolu­tion of marriage. Pirouzkar and Pirouzkar, 51 Or App 519, 626 P2d 380 (1981)

Where court has both subject matter and per­sonal jurisdic­tion, procedural error does not divest court of jurisdic­tion so as to render order void and subject to collateral attack. Watanabe and Watanabe, 140 Or App 85, 914 P2d 701 (1996), Sup Ct review denied

Chapter 107

Notes of Decisions

Trial court has authority to es­tab­lish liquidated sum as amount owed by spouse under settle­ment agree­ment. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Cita­tions

55 OLR 267-277 (1976); 27 WLR 51 (1991)

  • Oregon State Bar Family Law Newsletter / Lawrence D. Gorin, Feb 1, 2010
    “Although the text of ORS 107.075 appears clear and unambiguous . . . case law tells us that the critical jurisdic­tional factor . . . is "domicile", not "residency". . . .”

1 Legislative Counsel Committee, CHAPTER 107—Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 107, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.