Legal Question in Family Law in Oregon

Which document is legally binding?

YOUR QUESTION:

If the CO-PETITION FOR DISSOLUTION OF MARRIAGE (dated February 7, 2005) says that the husband will pay spousal support until 1 year after the wife remarries and the STIPULATED GENERAL JUDGMENT OF DISSOLUTION OF MARRIAGE AND MONEY AWARD (dated March 2, 2005) says that the spousal support payments will last until remarriage of wife, which is the legally binding document?

ANSWER:

Spousal support continues in such amount and for such duration as the JUDGE ordered. The judge-imposed requirements regarding spousal support (as well as all other issues incident to the dissolution of the marriage) are expressed by the terms and provisions of the GENERAL JUDGMENT OF DISSOLUTION OF MARRIAGE. So it is the GENERAL JUDGMENT OF DISSOLUTION OF MARRIAGE that is legally binding. The fact that the parties stipulated (agreed) to the terms of the General Judgment does not make the General Judgment any different than would have been the case had the parties not stipulated, with the court then holding a trial, hearing the positions and arguments of both parties, and then rendering a General Judgment of Dissolution of Marriage containing terms and provisions to which neither party agreed or stipulated.

Under certain circumstances, such as mistake, inadvertence, surprise, or

excusable neglect, or fraud, misrepresentation, or other misconduct of an adverse

party, a judgment (including a judgment to which the parties stipulated) can be set aside, if the court finds that it is proper to do so. However, a motion to set aside a judgment on any of the aforementioned grounds must be filed with the court within one year from the date on which the judgment was entered into the court's registry. See ORCP 71 B. So it may be too late to do this in your case, given the facts you are describing.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

E-mail: [email protected]