Aska and Hasson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 05-04-2016
  • Case #: A158263
  • Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.

A stipulated marriage dissolution judgment can only be entered when both spouses agree to the agreement either in writing or on the record.

Wife appealed the trial court's entrance of a stipulated marriage dissolution judgment. Under ORS 107.104, the trial court may enter stipulated judgments if (1) it is in writing and signed by both parties, or (2) both parties assent to the stipulation on the record. The trial court stated that both parties had signed a stipulated agreement but in fact, Wife never signed that document. The Court held that because Wife neither signed the judgment nor assented to its provisions in court, the trial court erred. Reversed and remanded.

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