ORS 107.095 and Provisions Before Judgment in Divorce Cases

In Oregon, a divorce proceeding eventually culminates in a final judgment. At that point, property is distributed, custody and visitation rights of the children are determined, child support and spousal support is ordered, and there is a general distribution of rights and obligations. But what about before the final judgment? ORS 107.095 provides for temporary orders before that final judgment in an Oregon divorce proceeding.

For example, if one of the parties does not have sufficient funds, there can be an order requiring the other party to pay a fund for attorney’s fees, including the cost of expert witnesses.

There is also the ability to receive temporary allowances for spousal and child support.

As is also typical, the court can award custody to the children along with reasonable visitation rights to the other spouse. This is described as parenting time and usually has detailed provisions as to how, what, and where the visitation custody will be exercised.

Along the way, there can also be temporary restraining orders to prevent one party from interfering or molesting the other.

If the minor children live in the family home, the court can decide which parent stays in possession of that home and which one has to move out.

So there can be an effective distribution of property, prior to the final judgment, there are orders restraining one party from selling or taking loans out against real or personal property.

Fortunately, there can be a waiver of an actual trial if the parties stipulate or if there has been a default by one of the parties. In that case, the relief in the divorce proceeding can be done by submitting a declaration under penalty of perjury 1).

All in all, under ORS 107.095, the court has quite a bit of leeway to make temporary orders to preserve the property and for the best interest of the children.


1. https://www.uscis.gov/tools/glossary/declaration-under-penalty-perjury