Marriage of Pearce, Matter of, 34973
| Decision Date | 17 August 1981 |
| Docket Number | No. 34973,34973 |
| Citation | 53 Or.App. 521,632 P.2d 501 |
| Parties | In the Matter of the MARRIAGE OF Cecile Kathryn PEARCE, Respondent-Cross- Appellant, and Michael Alton Pearce, Appellant-Cross-Respondent. ; CA 16621. |
| Court | Oregon Court of Appeals |
Ira L. Gottlieb, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Gretchen R. Morris, and Fenner, Barnhisel & Morris, Corvallis.
Robert S. Gardner, Corvallis, argued the cause for respondent-cross-appellant. With him on the briefs was Ringo, Walton, Eves & Gardner, P.C., Corvallis.
Before JOSEPH, C.J., and THORNTON and YOUNG, JJ.
In this dissolution proceeding husband appeals, challenging the subject matter and personal jurisdiction of the trial court, as well as the court's award of permanent spousal support, disposition of his military pension rights and award of attorneys' fees. Wife cross-appeals, challenging the property division and the adequacy of the attorney fees awarded.
The trial court properly determined jurisdiction under ORS 107.075(2). 1
After the case was argued in this court, the Supreme Court of the United States decided McCarty v. McCarty, --- U.S. ----, 101 S.Ct. 2728, 69 L.Ed.2d ---- (1981), holding that military pension rights are not subject to division in dissolution proceedings. The part of the decree that did that here therefore cannot stand. Because that division was part and parcel of the trial court's whole determination of support, property division and attorneys' fees it is appropriate to remand the matter for reconsideration.
Affirmed in part and remanded for reconsideration. No costs.
To continue reading
Request your trial
-
Marriage of Vinson, Matter of
... ... See Pearce and Pearce, 53 Or.App. 521, 632 P.2d 501, rev. den. 292 Or. 108 (1981); Hawks and Hawks, 53 Or.App. 742, 633 P.2d 34 (1981). To the extent that we ... ...
-
Marriage of Smedley, Matter of, 80-3542-NJ-1
... ... Vinson and Vinson, 57 Or.App. 355, 644 P.2d 635, rev. den. 293 Or. 456 (1982); see Pearce and Pearce, 53 Or.App. 521, 632 P.2d 501, rev. den. 292 Or. 108 (1981); Hawks and Hawks, 53 Or.App. 742, 633 P.2d 34 (1981). We further indicated ... ...
-
Marriage of Pearce, Matter of
...728 P.2d 974 ... 82 Or.App. 714 ... In the Matter of the MARRIAGE OF Cecile Katheryn PEARCE, Respondent, ... Michael Alton Pearce, Appellant ... 34973; CA A36865 ... Court of Appeals of Oregon ... Argued and Submitted May 2, 1986 ... Decided Dec. 4, 1986 ... Ira L. Gottlieb, Portland, argued the cause for appellant. With him on the brief was Keller, Gottlieb & Gorin, Portland ... S. David Eves, Corvallis, ... ...
- Pearce & Pearce