Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 107.405

Powers of court in dissolution, annulment or separation proceedings

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      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
Cited in 56 cases (1 in the last 5 years), 1974–2023 · leading case: Matter of Marriage of Koch
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Matter of Marriage of Koch (1982) orctapp · cites it 4× “Although a court in a dissolution proceeding has full equity powers, ORS 107.405, the exercise of such powers is limited by statute to certain subjects.”
Matter of Marriage of McDonnal (1982) or · cites it 2× “ORS 107.405. Where parties have foregone their opportunity to litigate disputes and have chosen instead to enter into an agreement their reliance on the agreement can be presumed.”
State ex rel. Renninger v. Renninger (1986) orctapp · cites it 2× ““This motion is * * * supported by the Court’s equity powers contained in ORS 107.405 and the attached affidavit of [Wife].”
Harder v. Harder (1976) orctapp · cites it 2× “Miller, supra. We see no apparent purpose in characterizing a separate suit as the only available means of attacking a decree obtained by fraud.”
In re the Marriage of Triperinas (2002) orctapp · cites it 2× “The trial court awarded wife spousal support even though she raised the issue for the first time in her trial memorandum and did not request support in her pleadings.”
In re the Marriage of Hutchinson (2003) orctapp “ORS 107.405. Where parties have foregone their opportunity to litigate disputes and have chosen instead to enter into an agreement their reliance on the ágreement can be presumed.”
In Re the Marriage of Reeves (2010) orctapp “ORS 107.405. Where parties have foregone their opportunity to litigate disputes and have chosen instead to enter into an agreement their reliance on the agreement can be presumed.”
Matter of Marriage of Bull (1980) orctapp · cites it 2× “" ORS 107.405 provides: "When a court is sitting in proceedings for annulment or dissolution of a marriage, or for separation, it shall have full equity powers.”
In re Marriage of Pope (1986) or “2 Notwithstanding the full equity powers granted to a court in dissolution proceedings (ORS 107.405), there are statutory and caselaw restrictions upon the power of the court.”
State ex rel. Fitzgerald v. Fitzgerald (1984) orctapp · cites it 2× “We held that the order was within the court’s “full equitable powers” under ORS 107.405 3 and its “general authority to resort to contempt for the enforcement of its orders” under former ORS 23.”
Matter of Marriage of Eusterman (1979) orctapp “the child is not attending school until modified by court order? If the noncustodial parent is aware the child is not attending school, can he or she unilaterally stop making support payments? If the noncustodial parent was unaware the child was not attending school and thus…”
In Re the Marriage of Gillis (2010) orctapp “We agree with husband that the trial court’s action was within the court’s continued authority under the dissolution judgment to “assist in the distribution” of the parties’ property, and was also within its general equitable powers under ORS 107.405. Fitzgerald and Fitzgerald,…”
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