Marital Dissolution, Annulment and Separation

ORS 107.115
Effect of judgment

  • effective date
  • appeal pending upon death of party


(1)

A judgment of annulment or dissolution of a marriage restores the parties to the status of unmarried persons, unless a party is married to another person. The judgment gives the court jurisdiction to award, to be effective immediately, the relief provided by ORS 107.105 (Provisions of judgment). The judgment shall revoke:

(a)

A will pursuant to ORS 112.315 (Revocation by divorce or annulment).

(b)

A transfer on death deed pursuant to ORS 93.981 (Effect of divorce or annulment on transfer on death deed).

(2)

The marriage relationship is terminated when the court signs the judgment of dissolution of marriage.

(3)

(a) The Court of Appeals or Supreme Court shall continue to have jurisdiction of an appeal pending at the time of the death of either party. The appeal may be continued by the personal representative of the deceased party. The attorney of record on the appeal, for the deceased party, may be allowed a reasonable attorney fee, to be paid from the decedent’s estate. However, costs on appeal may not be awarded to either party.

(b)

The Court of Appeals or Supreme Court shall have the power to determine finally all matters presented on such appeal. Before making final disposition, the Court of Appeals or Supreme Court may refer the proceeding back to the trial court for such additional findings of fact as are required. [1971 c.280 §14; 1981 c.537 §2; 1987 c.586 §26; 1993 c.149 §1; 1999 c.569 §3; 2003 c.576 §111; 2011 c.212 §25]

Notes of Decisions

The death of a party after a decree of dissolution does not terminate the right of that party's personal representative from making a timely appeal of the property division. Libby and Libby, 23 Or App 223, 541 P2d 1077 (1975)

Where court in another state awards status-only dissolution during pendency of Oregon dissolution case, registration of judgment provides Oregon court subject matter jurisdiction to decide nonstatus issues, such as property and support, and to grant any supplemental relief that is available under ORS 107.105. Anderson and Anderson, 102 Or App 169, 793 P2d 1378 (1990), Sup Ct review denied; Weller v. Weller, 164 Or App 25, 988 P2d 921 (1999)

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