Marital Dissolution, Annulment and Separation

ORS 107.405
Powers of court in dissolution, annulment or separation proceedings


When a court is sitting in proceedings for annulment or dissolution of a marriage, or for separation, it shall have full equity powers. [1971 c.280 §1]

Notes of Decisions

Court may temporarily suspend visitation whether or not requested by custodial parent. Jones and Jones, 31 Or App 1171, 572 P2d 347 (1977)

Court has power to issue contempt to enforce compliance with property division, but cannot modify division. Drake and Drake, 36 Or App 53, 583 P2d 1165 (1978)

This section does not authorize an award of attorney fees in proceedings brought pursuant to [former] ORS 18.160 to set aside decree of dissolution. Praegitzer and Praegitzer, 49 Or App 981, 620 P2d 979 (1980)

Grant of "full equity powers" by this section refers only to equity powers appropriate for fashioning or modifying dissolution decree, so trial court had no jurisdiction over trust created prior to dissolution by husband's mother for benefit of parties' child. Melkonian and Melkonian, 55 Or App 586, 639 P2d 662 (1982)

"Full equity powers" of court are limited to property division and support issues. Koch and Koch, 58 Or App 252, 648 P2d 406 (1982)

Law Review Citations

51 OLR 719 (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