In re Marriage of Davis

193 Or. App. 279, 89 P.3d 1206 (2004)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
I
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

In re Marriage of Davis

Oregon Court of Appeals
193 Or. App. 279, 89 P.3d 1206 (2004)

Play video

Facts

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

Issue

Holding and Reasoning (Per curiam)

Concurrence (Deits, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 802,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 802,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 802,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms