Divorce can be an incredibly trying and emotionally charged event, fraught with uncertainty and conflicting emotions. There may be instances where one party is dissatisfied with the terms of the divorce and wonders if they have the right to contest the proceedings in the state of Oregon. It is essential to understand the intricacies of Oregon’s divorce laws and how they handle contested divorces to make informed decisions in such situations.
Grounds for Divorce in Oregon
In Oregon, the legal system follows a no-fault divorce approach. This means that neither party is obligated to prove that the other committed any wrongdoing that led to the failure of their marriage. Instead, the sole basis for divorce in Oregon is known as "irreconcilable differences." This legal term refers to the existence of unresolved issues between the spouses, making it impossible to salvage the marital relationship.
Can I Contest the Divorce?
If one party wishes to dissolve the marriage while the other opposes it, the divorce becomes contested. It is important to note that the process of contesting a divorce varies across different states. In Oregon, when one spouse contests the divorce, the case proceeds to a hearing during which the court will evaluate the circumstances and decide whether to grant the divorce or not.
Valid Reasons to Contest a Divorce
Contesting a divorce should not be taken lightly as it often leads to a protracted legal process, contributing to increased financial burdens. To have a reasonable chance of successfully contesting a divorce in Oregon, it is crucial to establish valid grounds for doing so. Some valid grounds for contesting a divorce in Oregon include:
Fraud
If one party intentionally deceived their spouse with the aim of procuring the marriage.
Coercion
If one party was coerced or threatened into entering the marriage against their will.
Mental illness
If one party lacked the mental capacity to understand and consent to the marriage at the time it occurred due to mental illness.
Lack of legal capacity
If either or both parties did not possess the legal capacity to marry according to Oregon law when the marriage took place.
Bigamy
If either party was legally married to another person at the time of the marriage.
Incest
If the parties are closely related by blood or marriage within legally prohibited degrees.
Infertility
If one party knowingly failed to disclose their infertility to the other party before getting married.
How to Contest a Divorce
Should you want to contest a divorce in Oregon, you must file a "Response to Petition for Dissolution of Marriage" with the court. This legal document must outline your grounds for contesting the divorce and mention any other unresolved issues you want the court to address, such as child custody or the division of assets.
After filing your response, the court will schedule a hearing where arguments from both sides will be heard. It is during this hearing that the court will evaluate the existence of valid grounds to contest the divorce. If the court determines that there are indeed valid grounds, the divorce will not be granted, and a trial will be scheduled to resolve any disputed matters.
Conclusion
Contesting a divorce in Oregon is an intricate and demanding process that should not be entered into without careful consideration. It is vital to ascertain that you have valid grounds for contestation before embarking on this path. Engaging the services of an experienced family law attorney can prove invaluable, as they will adeptly guide you through the legal process, ensuring your rights are protected every step of the way.