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 will pursuant to the provisions of ORS 112.315 (Revocation by divorce or annulment).
(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]
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. Currency Information