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In re Marriage of Davis

Oregon Court of Appeals
193 Or. App. 279 (2004)


Martin Davis (plaintiff) filed for divorce after his 17-year marriage with Maria Davis (defendant) deteriorated, including numerous instances of domestic violence committed by Martin. Shortly thereafter, Maria was diagnosed with depression, post-traumatic stress disorder, and battered woman’s syndrome. Maria stated that while she feared Martin to the point that she “couldn’t think straight,” she wanted to get her “marriage back on track.” During a property settlement conference Martin verbally assaulted Maria, telling her that they would never rekindle the relationship. Maria then “shut down” and instructed her attorney to give Martin whatever assets he wanted, including significant stock options and an interest in a software company. A month later, Maria filed a motion to set aside the property settlement agreement arguing that she was incompetent at the time it was executed. Although the trial court found the agreement grossly one-sided, it refused to set it aside and held in favor of Martin. Maria appealed.

Rule of Law


Holding and Reasoning (Per curiam.)

Concurrence (Deits, C.J.)

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