Becker v. Becker

The sole issue in this case is whether the trial court abused its discretion in denying plaintiff’s motion to set aside a decree on the grounds of mistake or excusable neglect under ORS 18.160. ① The plaintiff herein secured a default divorce against her husband, the defendant, on August 3, 1970. During the hearing on the default divorce plaintiff testified that the parties had settled all their property rights; however, the property settlement was not reduced to writing nor was it incorporated into the divorce decree.

Pursuant to the settlement, the defendant paid his former wife $24,580 in…