Divorce can be an incredibly complicated and emotionally charged process, especially when one spouse is not in agreement. However, residing in Oregon provides you with the opportunity to pursue a divorce, even if your spouse does not desire one.
The Basics of Divorce in Oregon
Before we delve into the details of how you can obtain a divorce when your spouse is resistant, it is crucial to have a thorough understanding of Oregon’s divorce laws. In this state, it is not necessary to provide evidence of any wrongdoing on the part of your spouse to initiate a divorce process. Instead, you need to establish that the marriage is irretrievably broken, indicating that any chances of reconciliation are futile.
Explaining "Irretrievably Broken"
The term "irretrievably broken" implies that irreconcilable differences within the marriage have caused an irreversible and significant breakdown. Oregon acknowledges that if at least one spouse believes that the marriage has reached its end, there are sufficient grounds for a divorce.
Resemblance to No-Fault States
Similar to numerous other no-fault divorce states, Oregon does not attribute fault to either party involved. Instead, the foundation for divorce is based on a mutual agreement between both spouses that the marriage has run its course. Remarkably, even if one spouse disagrees, Oregon law will still grant the divorce.
How to Get a Divorce if Your Spouse Does Not Want One
Navigating a divorce proceeding when your spouse is reluctant can be incredibly challenging and emotionally draining. Nevertheless, you do have viable options to consider.
Option 1: Uncontested Divorce
If you and your spouse can come to a consensus on all aspects of the divorce, pursuing an uncontested divorce is your best course of action. This type of divorce occurs when both parties reach an agreement regarding property division, child custody, and support, among other essential matters.
By opting for an uncontested divorce, you can bypass the lengthy and emotionally taxing litigation process. To encourage your spouse to cooperate, emphasize the benefits of an uncontested divorce.
Option 2: Contested Divorce
If reaching an agreement on all divorce-related matters seems unattainable, pursuing a contested divorce is another available route. In such cases, it is advisable to enlist the guidance of a skilled attorney who can provide valuable legal support. Ultimately, both parties will be required to attend court hearings to resolve the issues at hand. It is crucial to recognize that no matter your spouse’s objections, their desires cannot impede your ability to obtain a divorce. However, brace yourself for a demanding litigation process in the case of a contested divorce.
Conclusion
To summarize, pursuing a divorce in Oregon is possible even if your spouse does not desire one. The central requirement is demonstrating that the marriage is irretrievably broken. In instances where agreements cannot be reached regarding division of property, child custody, and other pertinent matters, consulting with an attorney is advisable. Ultimately, spouses opposing a divorce’s progress have limited capacity to prevent its occurrence in Oregon.