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Portland, OR family law attorney Michael Yates talks about how no-fault divorce works.
He states that in Oregon, no-fault divorce is based solely on the grounds of irreconcilable differences that have caused the irretrievable breakdown of the marriage. A party seeking divorce does not need to specify the details of those differences, and the other spouse cannot contest the claim by arguing that such differences do not exist. Effectively, if one spouse wants a divorce in Oregon, the divorce will proceed.
The conduct of either party—such as infidelity or abuse—generally does not play a role in determining whether the marriage will be dissolved. However, certain conduct can become relevant in specific contexts, such as custody determinations. For instance, evidence of domestic violence may influence the court’s decision on child custody, but outside of those limited circumstances, conduct is not a factor in granting the divorce.
