Marital Dissolution, Annulment and Separation

ORS 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]

Notes of Decisions

Agreement of parties that difference is irreconcilable is not required. Dunn and Dunn, 13 Or App 497, 511 P2d 427 (1973)

Test is whether difference reasonably appears to court to be irreconcilable in mind of petitioner and whether breakdown is irremediable. Dunn and Dunn, 13 Or App 497, 511 P2d 427 (1973)

Law Review Citations

51 OLR 715-726 (1972)

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)


Source

Last accessed
Jun. 26, 2021