Randle and Randle

“Upon motion of a party for an order to show cause why a judgment of separation should not be converted to a judgment of dissolution and after service of notice to the other party at least 30 days before the scheduled hearing, the court may, within two years after the entry of a judgment of separation, convert a judgment of separation into a judgment of dissolution of the marriage.” ORS 107.465(1).

Husband appealed from a general judgment of dissolution of marriage. Husband assigned error to the trial court’s conclusion that the separation judgment had expired because the parties did not convert the separation judgment to a dissolution judgment as outlined in ORS 107.465. On appeal, Husband argued that the separation judgment, which explicitly provided that it was for an unlimited duration, was intended to be the final distribution of the parties' property. In response, Wife argued that the trial court correctly concluded that the separation judgment had expired. “Upon motion of a party for an order to show cause why a judgment of separation should not be converted to a judgment of dissolution and after service of notice to the other party at least 30 days before the scheduled hearing, the court may, within two years after the entry of a judgment of separation, convert a judgment of separation into a judgment of dissolution of the marriage.” ORS 107.465(1).  The Court held that the trial court erred in determining that the separation judgment had expired as the judgment of separation explicitly provided that it was “unlimited” in duration and that neither party stipulated to or intended for the judgment to expire two years after the judgment was entered. Property division and spousal support award vacated and remanded; otherwise affirmed.