Prior to 8/13/65, the parties to a dissolved marriage were prohibited from remarrying
for 6 months after the date of the decree, or if an appeal had been taken, until it
was heard and disposed of, but in no case until the expiration of 6 months from the
date of the decree.
A marriage entered into in Oregon or in another State within the 6-month period following
a divorce was held to be void by the courts of Oregon (except for the situation noted
in the following paragraph). A marriage contracted in violation of such prohibition
was valid under the laws of other States since the Oregon divorce decree dissolved
the marriage. (However, see GN 00305.155 for validity of remarriage in States which have adopted the Uniform Marriage Evasion
Act.)
Certain marriages entered into within the 6-month period following a divorce decree
have been validated periodically by curative legislation. Thus, marriages entered
into prior to 2/19/41; 3/24/45; 4/21/47; 4/28/53; 1/1/59; and 1/1/65, have been legislatively
declared valid if otherwise legal and regular, irrespective of whether the marriage
was entered into in a State other than Oregon. However, these validating statutes
have no effect in cases where one or both of the parties died prior to the effective
date of the validating statute next succeeding the date of marriage; the respective
enactment dates of the above-mentioned statutes being 6/14/41; 6/16/45; 7/5/47; 7/21/53;
4/14/59; and 5/14/65. Where a party to a marriage whose validity is in question because
it was entered into within 6 months of a divorce decree died prior to 6/14/41, follow
the procedures in GN 01010.815 for submittal to OGC.
Under the 1965 amendments to the Oregon Divorce Law, the 6-month period during which
the parties are prohibited from remarrying following a divorce granted before 8/3/65,
is reduced to 60 days. The validity of a remarriage in the prohibited period outside
Oregon continues the same as above (except as stated in GN 00305.155). Where a remarriage occurred within 60 days of a divorce granted before 8/13/65
and a question arises involving the validity of the marriage in Oregon or in a State
which has adopted the Uniform Marriage Evasion Act, follow the procedures in GN 01010.815 for possible submittal to OGC.
Where the marriage occurred within 60 days of a divorce granted on or after 8/13/65,
and the action was filed before 8/13/65, forward the case to the PC for possible submittal
to OGC.
Where an Oregon divorce is based upon a divorce action filed after 8/13/65, and before
8/1/81, the marital status of the parties is not affected until 60 days from the date
of the decree or, if an appeal is taken, until the suit is determined on appeal, whichever
is later. However, where either party dies within the 60-day period, the marriage
relationship is terminated immediately before such death. Forward to the PC for possible
submittal to OGC any case in which there is a question whether another jurisdiction
would give effect to the termination provision where one party died within 60 days
of the divorce decree.
Certain marriages entered into before the expiration of 60 days from the date of a
decree declaring a previous marriage of one or both of the contracting parties void
or dissolved also have been validated periodically by curative legislation. Marriages
contracted prior to 1/1/71; 1/1/73; and 7/31/81, which are in all other respects legal
and regular, have been declared valid.
Effective 8/1/81, the waiting period during which the parties are prohibited from
remarrying following a divorce is further reduced to 30 days.
Where the marriage occurred within 30 days of a divorce granted on or after 8/1/81,
and the action was filed before 8/1/81, forward the case to the PC for possible submittal
to OGC.
Where an Oregon divorce is based upon a divorce action filed on or after 8/1/81, the
marital status of the parties is not affected until 30 days from the date of the decree
or, if an appeal is taken, until the suit is determined on appeal, whichever is later.
However, where either party dies within the 30-day period, the marriage relationship
is terminated immediately before the date of the death. Follow the procedures in GN 01010.815 for submitting to OGC questions about whether another jurisdiction would give effect
to the termination provision where one party died within 30 days of the divorce decree.
Effective 10/23/99, a marriage relationship is terminated when the court signs the
judgment of dissolution of marriage.