Divorce may be defined as the legal dissolution, or ending, of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Oregon commonly accord divorces because to force a couple to stay married would be against public policy.

“No-fault” and “fault” are the two types of grounds, or justifications, for divorce in the United States. In some states, such as Oregon, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. The other states allow the people involved to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, gives a comprehensive overview of divorce and separation law in the United States.

The concept of a no-fault divorce was first adopted in the United States in the late 1960's, and nearly all of states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, one another for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” Typically, one spouse cannot stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Oregon, the grounds for a no-fault divorce are irreconcilable differences, and a one-year separation.

Many states necessitate a “cooling-off” period of separation for a specific period of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separate and apart with the intent that the separation will be made permanent. The duration of the cooling-off period varies according to state law. In Oregon, no trial of divorce is permitted until 90 days after the paperwork has been filed, except in the case of emergency. Once the decree is issued, it is effective immediately.

The state of Oregon offers a “simplified dissolution” to those who meet certain requirements. A simplified dissolution is an expedited process that generally does not require any court appearances. The requirements for a simplified dissolution include the following: one of the spouses lives in Oregon and has done so for at least six months, the marriage has been valid for less than 10 years, no children are involved and the wife is not pregnant, neither spouse owns any real property, the combined net value of the spouses’ personal property is under $30,000, the combined unpaid marital debt is below $15,000; neither spouse is asking for spousal support, neither spouse is asking for temporary orders, the spouses are unaware of any other legal proceeding regarding the marriage, the spouses are in agreement regarding the division of marital property and debt. The Oregon State Bar offers a variety of information pertaining to divorce in the state.

The specific grounds required for divorce vary widely across the United States. The American Bar Association provides a multiplicity of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Oregon, can be found at abanet.org.

*An example of an Oregon Divorce Settlement Agreement can be see on Free Legal Aid.