Oregon Statutes 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:
Terms Used In Oregon Statutes 107.115
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]