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I live in Oregon and reside in Wasco county, and would like…

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I live in Oregon and...
I live in Oregon and reside in Wasco county, and would like to know if a stipulated general judgement of dissolution of marriage/domestic partnership can be annulled .It was signed on June 14, 2010. My wife and I made a mistake and wonder if it can be overturned.What options do we have.
Submitted: 8 years ago.Category: Legal
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6/29/2010
Lawyer: Lawrence D. Gorin, Lawyer. replied 8 years ago
Lawrence D. Gorin
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YOUR QUESTION:
I live in Oregon and reside in Wasco county, and would like to know if a stipulated general judgement of dissolution of marriage/domestic partnership can be annulled .It was signed on June 14, 2010. My wife and I made a mistake and wonder if it can be overturned.What options do we have.

ANSWER:
YES, Oregon law allows you to “annul” the legal effect of a General Judgment of Dissolution of Marriage, if both parties stipulate to doing so and a motion to do so is filed within one year of the date of entry of the judgment. Even though the rule says one year, the ideal is to get it done with 30 days of date of judicial signing (before the ink dries).

ORCP 71 B(1) says:
On motion and upon such terms as are just, the court may relieve a party or such party’s legal representative from a judgment for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; * * * (e) it is no longer equitable that the judgment should have prospective application.

There are other reasons listed as well, but those are the two that best suits your situation.

There is no court-provided form for a Motion and Affidavit for Supplemental Judgment Vacating Prior Judgment. The process can be a be tricky (and is not something that is routinely done). Best advice is to hire a lawyer to assist in getting the job done, and done right.

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