2015 ORS 107.115¹
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 decedents 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]

Note: Section 31, chapter 212, Oregon Laws 2011, provides:

Sec. 31. Sections 19 to 21 of this 2011 Act [93.981 (Effect of divorce or annulment on transfer on death deed) to 93.985 (Forfeiture of transfer by parent who deserted or neglected transferor)] and the amendments to ORS 86.740 [renumbered 86.764 (Notice of sale for certain persons)], 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration), 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property), 107.115 (Effect of judgment), 112.465 (Slayer or abuser considered to predecease decedent), 112.570 (Definitions for ORS 112.570 to 112.590) and 125.440 (Acts conservator may perform only with court approval) by sections 22 to 28 of this 2011 Act apply to a transfer on death deed made before, on or after the effective date of this 2011 Act [January 1, 2012] by a transferor dying on or after the effective date of this 2011 Act. [2011 c.212 §31]

Notes of Decisions

The death of a party after a decree of dissolu­tion does not terminate the right of that partys 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 (Provisions of judgment). 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)


1 Legislative Counsel Committee, CHAPTER 107—Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 107, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano107.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.