Getting a divorce can be a difficult decision, but it can become more complicated when there are criminal charges involved. If your spouse has been convicted of a crime in Oregon, you may wonder if it affects your ability to get a divorce. In this article, we will discuss the process of getting a divorce when your spouse has been convicted of a crime in Oregon.
Grounds for divorce in Oregon
Oregon is a no-fault divorce state, which means you do not need to prove your spouse did something wrong to end your marriage. You only need to show that your marriage is irretrievably broken and cannot be fixed. However, some couples have specific reasons for wanting to end their marriage, such as infidelity or abuse.
Effect of criminal charges on divorce proceedings
If your spouse has been convicted of a crime, it may not affect your ability to get a divorce in Oregon. The criminal charges and conviction can be relevant if they impact other aspects of your divorce, such as child custody or spousal support.
The court will take into account the circumstances of the crime, such as if it had a direct effect on the marriage, but it generally will not punish or penalize the non-convicted spouse. However, if the convicted spouse is in jail or prison, it may affect the timing and practicality of your divorce proceedings.
Child custody and visitation
If you have children with your spouse, their criminal conviction may play a role in the court’s decision regarding custody and visitation. Oregon courts prioritize the best interest of the child in custody determinations, and a criminal conviction may impact the parent’s ability to provide a safe and stable environment.
The court will consider the type of crime, the severity, and its impact on the child. A parent’s criminal history can affect their parenting time, but it does not automatically disqualify them from having custody.
Property division
Oregon is an equitable distribution state, which means the court will divide marital property in a fair and just manner. This includes assets gained during the marriage, such as real estate, vehicles, and retirement accounts. The court may take into account the circumstances of the crime if it impacted marital property, such as embezzlement or fraud.
However, the court generally does not award more property to the non-convicted spouse as a form of punishment or compensation.
Conclusion
If your spouse has been convicted of a crime in Oregon, it does not necessarily prevent you from getting a divorce. The court will consider the circumstances of the criminal conviction in determining child custody, spousal support, and property division. It is essential to work with an experienced divorce attorney to guide you through the process and help protect your rights and interests.
Remember, divorce is a significant life decision, and legal advice can help you navigate the complexities of the legal system. Consider reaching out to a qualified divorce attorney if you are considering a divorce in Oregon.