Oregon Rules of Civil Procedure – ORCP 4K

By its terms, this rule does not apply to all domestic relations actions. It specifically covers three situations, paraphrased as:

  1. An action to determine a question of status instituted under ORS chapter 106 or 107 when the plaintiff is a resident of or domiciled in this state. Note, though, that while a court may have in rem jurisdiction to dissolve a marriage, without some act by the nonresident spouse which confers personal jurisdiction, (e.g. consent or a general appearance), the court may not enter an order affecting that spouse’s monetary obligations or rights. O’Connor and Lerner, 70 Or App 658, 699 P2d 1095 (1984).
  1. An action to enforce personal obligations arising under ORS chapter 106 or 107, if the parties have lived in Oregon for at least six months, unless more than one year has passed since one of the parties acquired a residence or domicile in another state or country, no jurisdiction is conferred by this subsection in any such action. See, In re Marriage of Adams, 173 Or App 242, 246, 21 P3d 171 (2001) (no jurisdiction over husband because court could not conclusively determine whether wife commenced the dissolution of marriage action within one year after husband moved to California).
  1. A proceeding to establish paternity, so long as the act of sexual intercourse which resulted in the birth of the child is alleged to have taken place in this state.