Oregon has adopted the concept of "no fault" divorce. Unlike some other states where a party seeking a divorce may need to show cruelty, adultery, abandonment or other fault on the part of their spouse; Oregon simply requires a party to state that the parties have developed "irreconcilable differences." ORS 107.025 makes clear, "[a] judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage." This means either party can request a divorce without the other's permission or agreement and you cannot stop the divorce from happening if your spouse wants one.
Other grounds exists for divorce (i.e., the parties had not reached legal age to marry; the parties did not have the ability to consent, etc.), but these are rare occurrences.
At Coast Family Law, we have dealt with both sides of this issue with our clients. In some instances, a person contacts us prior to filing for divorce to discuss their options moving forward. In other instances, a person contacts us because they received the divorce papers they never expected. Each person has important decisions to make and these decisions will make a significant difference post-divorce. Come speak with us to know your options. Contact us today.
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