Many people often ask what an Arizona “No Fault” Divorce really means. What about an Oregon No Fault Divorce? Can my spouse force me to get a divorce?
Here is a quick breakdown:
1. Any husband or wife, despite what the other spouse may want, can get divorced without the other agreeing that the marriage should be disolved.
2. The divorce statute requires that there must be an “irretrievable breakdown” of the marriage for the court to be able grant a divorce
3. If either the husband or wife denies under oath that the marriage is irretrievably broken, the court will conduct a hearing to consider whether reconciliation is possible and will also
(1) make a finding as to whether or not the marriage is irretrievably broken, and
(2) stay the divorce proceeding for not more than sixty days.
In reality, this means that your spouses torrid affair probably isn’t relevant. Your spouses bad behavior gambling, drinking, refusing to go to counseling, etc; probably isn’t relevant. Even your spouses abusive and abhorrent behavior, probably isn’t relevant, except to the issue of child custody and parenting time. This can be very difficult for people to understand. Your “day in court” isn’t likely to get you the vindication you may be seeking. With this being said, Judges are human, and, like-ability does matter.
If you have questions about the “No Fault Divorce” Rules, give us a call or e-mail.