Deciding between traditional and no-fault divorce in Oregon and Washington
Most Oregon and Washington divorces are filed on no-fault grounds, meaning the petitioner attests that the marriage is over because of irreconcilable differences. This spares both parties the hardship of proving that one spouse’s conduct or incapacity was responsible for ending the marriage. However, some petitioners feel they need to have the cause on record. Oregon and Washington recognizes the following as grounds for divorce:
- Conviction of a felony
- Drunkenness or drug addiction
- Mental cruelty
- Petitions to Modify (changing existing orders)Physical cruelty
Grounds may influence the family law court regarding ancillary issues such as child custody, but the judge is not allowed to consider them when determining the equitable distribution of marital property or spousal maintenance.
Choosing the appropriate process for your divorce
No two divorces are the same. Some parties retain enough trust to work cooperatively to dissolve the marriage; others have experienced so much betrayal that every issue is adversarial. Specific family and financial situations also influence the choice of process. The Cochran Law Firm counsels diverse clients regarding the methods available for the Oregon and Washington divorce process:
Uncontested divorce — The parties agree on the terms of the marital settlement and present them to the court for approval. The process may involve traditional negotiation or a collaborative divorce process such as mediation. Uncontested divorces are often less expensive and may allow the parties to arrive at compromises that are easier to accept than a court order.
Contested divorce — When parties cannot agree on all the ancillary issues, they appear before a judge, who issues a ruling. Contested divorce is often necessary when highly emotional issues such as child custody or complex financial issues in high net worth divorces are involved.
For your divorce, rely on a supportive and assertive attorney
If you’re considering divorce, your choice of attorney can make a significant difference in the process and the outcome of your case. Contact the Cochran Law Firm today at 503-756-0299 or online to set up a consultation. Our firm serves clients inside the Loop and throughout the entire Portland, Metropolitan and Vancouver Washington region.