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. The judgment shall:
(a) Revoke a will
pursuant to ORS 112.315.
(b) Revoke a
transfer on death deed pursuant to ORS 93.981.
(c) Terminate the
authority of an agent under a power of attorney pursuant to ORS 127.015, a
health care representative pursuant to ORS 127.545 (5)(c)(B) or an
attorney-in-fact pursuant to ORS 127.722.
(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; 2021 c.272 §2]
Notes of Decisions
Hoyt v. Am. Traders, Inc., 725 P.2d 336 (Or. 1986).
· cites it 4× “) ORS 107.115(1) in part provides: “A decree of annulment or dissolution of a marriage restores the parties thereto to the status of unmarried persons * * *.”
In Re the Dissolution of the Marriage of Niedert, 559 P.2d 515 (Or. Ct. App. 1977).
· cites it 2× “To refuse to reverse a change of custody order entered in the absence of a substantial change of circumstance, however, would be to deny the aggrieved parent the right granted under ORS 107.115(3) to appeal an erroneous order.”
In re the Marriage of Anderson, 793 P.2d 1378 (Or. Ct. App. 1990).
· cites it 10× “” ORS 107.115. ORS 107.105(1) grants the court power whenever it grants a judgment of dissolution.”
Menten & Deatherage, 461 P.3d 1075 (Or. Ct. App. 2020).
“2 ORS 107.115 provides that a judgment of dissolution “gives the court jurisdiction to award * * * the relief provided by ORS 107.”
United Fin. Co., Gladstone v. King, 590 P.2d 228 (Or. 1979).
· cites it 2× “ORS 107.115(1) provides in part: Such decree shall give the court jurisdiction to award, to be effective immediately, the relief provided by ORS 107.”
In Re the Dissolution of the Marriage of Libby, 541 P.2d 1077 (Or. Ct. App. 1975).
· cites it 4× “NOTES [1] ORS 107.115 provides: "(1) A decree of annulment or dissolution of a marriage restores the parties thereto to the status of unmarried persons, unless a party is married to another person.”
In re the Marriage of Brush, 377 P.3d 620 (Clackamas Cty. Cir. Ct., O.R. 2016).
“And in domestic relations proceedings in particular, ORS 107.115 provides that it is the judgment of dissolution that “restores the parties to the status of unmarried persons” and gives the court “jurisdiction to award, to be effective immediately, the relief provided by ORS 107.”
Wilkinson v. Pub. Employees Ret. Bd., 69 P.3d 1266 (Or. Ct. App. 2003).
· cites it 2× “105(1)(f) and ORS 107.115. The first provides, in part: “(1) Whenever the court grants a decree of marital annulment, dissolution or separation, it may further decree as follows: * * * * “(f) For the division or other disposition between the parties of the real or personal…”
In re the Marriage of Cortese, 317 P.3d 340 (Or. Ct. App. 2013).
· cites it 2× “In a dissolution case, the court may order “the division or other disposition between the parties of the real or personal property, or both, or either or both of the parties as may be just and proper in all of the circumstances.”
Slauson v. Usher, 592 P.2d 247 (Or. Ct. App. 1979).
“Reversed and remanded with instructions. The decree was entered nunc pro tunc to June 30, 1976.”
In re the Marriage of Mackie, 832 P.2d 1240 (Or. Ct. App. 1992).
“” That conclusion appears to be based on father’s first argument that, without a marriage to dissolve, the Oregon court did not have jurisdiction to award any of the other relief requested in this case, specifically, child custody.”
In re the Dissolution of the Marriage of Baratta, 524 P.2d 1233 (Or. Ct. App. 1974).
“38 USCA § 717 (a) (1959) provides: “(a) The insured shall have the right to designate the beneficiary or beneficiaries of insurance maturing on or after August 1, 1946, and shall, subject to regulations, at all times have the right to change the beneficiary or beneficiaries of…”
— Or. Rev. Stat. § 107.115(1) — 12 cases
Hoyt v. Am. Traders, Inc., 725 P.2d 336 (Or. 1986).
“) ORS 107.115(1) in part provides: “A decree of annulment or dissolution of a marriage restores the parties thereto to the status of unmarried persons * * *.”
United Fin. Co., Gladstone v. King, 590 P.2d 228 (Or. 1979).
“ORS 107.115(1) provides in part: Such decree shall give the court jurisdiction to award, to be effective immediately, the relief provided by ORS 107.”
In re the Marriage of Cortese, 317 P.3d 340 (Or. Ct. App. 2013).
“In a dissolution case, the court may order “the division or other disposition between the parties of the real or personal property, or both, or either or both of the parties as may be just and proper in all of the circumstances.”
In re the Marriage of Anderson, 793 P.2d 1378 (Or. Ct. App. 1990).
“” ORS 107.115. ORS 107.105(1) grants the court power whenever it grants a judgment of dissolution.”
In Re the Dissolution of the Marriage of Libby, 541 P.2d 1077 (Or. Ct. App. 1975).
“NOTES [1] ORS 107.115 provides: "(1) A decree of annulment or dissolution of a marriage restores the parties thereto to the status of unmarried persons, unless a party is married to another person.”
— Or. Rev. Stat. § 107.115(3) — 3 cases
In Re the Dissolution of the Marriage of Niedert, 559 P.2d 515 (Or. Ct. App. 1977).
“To refuse to reverse a change of custody order entered in the absence of a substantial change of circumstance, however, would be to deny the aggrieved parent the right granted under ORS 107.115(3) to appeal an erroneous order.”
— Or. Rev. Stat. § 107.115(3)(b) — 1 case
— Or. Rev. Stat. § 107.115(3Xa) — 1 case
— Or. Rev. Stat. § 107.115(4) — 1 case
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