Legal Opinion

In re the Marriage of Caudill

Court of Appeals of Oregon

Decided May 29, 1991No. 89C-32748; CA A67016PublishedCited by 4 opinions

1Opinion of the CourtEdmonds, J.

Wife appeals the trial court’s order denying her motion to set aside a judgment of dissolution of marriage by default under ORCP 71B(1).1 We reverse.

The parties were married in 1967 and had two children. They separated in July, 1989, when wife moved to Utah. The younger child joined her three months later, while the older remained in husband’s custody. Husband filed a petition for dissolution on October 20, 1989, which sought “an equitable division of the assets and liabilities of the parties,” but no spousal support. It also says:

“Neither party should be required to pay child support to the…

2Cases cited4 opinions

  1. Thompson v. ConnellOregon Supreme Court · 1897
  2. Cross v. CampbellOregon Supreme Court · 1944
  3. In re the Marriage of McKennaCourt of Appeals of Oregon · 1982
  4. Criqui v. Pearl Music Co.Court of Appeals of Oregon · 1980

3Cited by4 opinions

  1. In re the Marriage of OwensCourt of Appeals of Oregon · 2002
  2. Meyer v. KestersonCourt of Appeals of Oregon · 1997
  3. In re the Marriage of GilbertCourt of Appeals of Oregon · 1994
  4. In re the Marriage of Becker & MorrisonCourt of Appeals of Oregon · 1996

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