What is a no-fault divorce?
What is a no-fault divorce?
Those who have looked into obtaining an Oregon divorce will have likely read that Oregon is a “no-fault” state. Simply stated, that means that either spouse can file for a divorce for no other reason that the fact that they do not get along. The law refers to this as “irreconcilable differences.” This means that neither spouse needs to prove that the other spouse was “at fault” for the marriage not working out.
Historically, once a couple married, they could only get divorced for certain reasons. For example, the old common-law reasons for divorce include:
- Criminal conviction
- Fraud in obtaining the marriage
- Mental incapacity at the time of the marriage
- Mental of physical abuse
- Mental illness
- Impotence at the time of marriage
As noted above, in Oregon, none of these things need to be established to get a divorce. However, a court may rely on one party’s fault or bad conduct when determining spousal support and the division of property. That being the case, many parties will still raise their former partner’s poor conduct in an attempt to put themselves in a better situation later on in the divorce proceeding.
Courts may also use some of these reasons when deciding which parent receives custody of the couple’s children. However, not all of those factors would be relevant to the court’s child-custody decisions. For example, a court would not likely award child custody to a parent based solely on the fact that the other parent was unfaithful. However, if one parent was abusive to the children during the marriage, the court would certainly consider that fact.
Other Divorce Frequently Asked Questions
- Can I File For Divorce In Oregon If I Don’t Know Where My Spouse Is?
- Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?
- Do I Have To Move Out Of My Home During A Divorce?
- Do Stepparents Have Rights In An Oregon Divorce?
- Do You Have To Go To Court To Get A Divorce?
- Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?
- Does It Matter Who Files For Divorce First In Oregon?
- How Do Courts Determine Child Custody in an Oregon Divorce?
- How Do I File For Divorce In Portland?
- How Do I Make Sure My Assets Are Kept Safe From My Ex-Spouse?
- How Do I Separate From My Spouse?
- How Does Divorce Impact Financial Aid For My Child’s College Education?
- How Does The Process Of Serving Divorce Papers Work?
- How Is Debt Divided During Divorce?
- How Is Property Divided During Divorce?
- How Long Do You Have To Be Separated To Get A Divorce?
- How Long Does It Take To Get A Divorce?
- How Much Does A Divorce Cost?
- How To Start A Divorce Conversation?
- How To Start A Divorce Process?
- Is It True That I Will Need To Complete A Parenting Class Before The Court Finalizes My Divorce?
- Is There A Waiting Period Before A Divorce Is Granted In Oregon?
- Should I Move Out During The Divorce?
- What Am I Not Allowed to Do During a Divorce?
- What Are The Grounds For Granting A Divorce In Oregon? Do I Have To Prove That My Spouse Did Something Wrong?
- What Do I Ask A Divorce Attorney in Oregon?
- What Documents Do I Need To Bring To A Divorce Lawyer?
- What Does a Collaborative Divorce Mean for Oregon Parents?
- What Happens After I File For Divorce In Portland?
- What Happens in a Divorce if My Spouse/Partner Has All the Debt in Their Name?
- What Happens in a Divorce if My Spouse/Partner Has All the Property in Their Name?
- What Happens To My Art Collection If I Get Divorced In Oregon?
- What Happens To My Boat If I Get Divorced In Oregon?
- What Happens to My Retirement Account if I Get a Divorce in Oregon?
- What Happens To My Vacation Home If I Get Divorced In Oregon?
- What Is A No-Fault Divorce?
- What Is Considered Grounds For Divorce In Portland?
- What Is Separation?
- What Is The Process For A Divorce?
- Why Should I Contact A Divorce Lawyer Before Filing?
- Why Would The Court Reject My Divorce Paperwork?
- Will My Spouse Get My Inheritance After We Divorce?
- Will Obtaining A Restraining Order Against My Spouse Help Me In My Divorce?