More details to this question:
In the state of Oregon, is there an option where I cannot grant my spouse divorce? He wants a divorce out of the blue after we just bought a townhouse, and the baby is only 3 months old. I know that it is a no fault state, but if he will not allow me to go out of state where my support system/family is, how difficult can I make it for him through not signing? Or is this a mute point.
1 ANSWER
Bad News, Good News. In Oregon, if a married person wants a dissolution of marriage, all they have to do is allege that "irreconcilable differences" have arisen in their relationship. Once that allegation has been made, there is no defense to the dissolution of the marriage. HOWEVER, in a dissolution of marriage involving a couple that have a child, the following issues come up right behind the actual dissolution of marriage. First, who gets custody of the child based on the "best interest of the child." For a three-month old child, Mom gets custody unless she has done something so completely outrageous that it convinces the Court that Dad will clearly be a better parent. Once custody is decided, the court moves on to parenting time for the non-custodial spouse and child support which is paid by the non-custodial spouse to the custodial spouse. Next, the Court has to divide the marital estate (real and personal property and related debt) between the parties on a "fair and equitable" basis. Lastly, if your husband earns significantly more than you do, he will be ordered to pay you spousal support in an amount that depends on a number of factors like respective incomes, years of marriage, etc. From what you put in the question, you need to consult with an attorney in your county of residence as soon as you can.
Answered on Apr 01st, 2014 at 6:34 PM