Explaining Oregon Law - Effect of Judgment (ORS 107.115)

Once the court signs the General Judgment of Dissolution, the marriage of the parties is dissolved.  Both parties are restored to a status of single person. The rights which given under the Judgment of Dissolution go into effect immediately.

Several other things happen when the judge signed the Judgment of Dissolution:

  • Wills are revoked.
  • Transfer on death deeds are revoked.
  • The authority of a Power of Attorney, a health care representative or an “attorney in fact” is revoked.

In the event that the judgment is appealed to the Court of Appeals, the parties remain divorced and their status as single persons is not compromised. The court still has the power to hear the issues raised in the appeal. For example,  after a trial, the court awards spousal support and signs the General Judgment of Dissolution. If one party wants to contest the amount or duration or the award of spousal support, that person can file an appeal. The Court of Appeals will hear and decide the issue of spousal support. Regardless of what the Court of Appeals does, the parties remain divorced with their status as single persons intact.

On a related note: Once a spouse pleads that irreconcilable difference have lead to the irredeemable breakdown of the marriage, not only do they not have to supply evidence of this allegation, but that allegation is not appealable. In other words, one spouse has the power to divorce the other, and the courts cannot challenge that right to be divorced.