Legal Question in Family Law in Oregon

Divorce and Adultery

YOUR POST:

Is it legal in Oregon to file for divorce based on adultery?

ANSWER:

No. Oregon is a "no-fault" state when it comes to filing for divorce. The only ground that may be alleged is "irreconcilable differences between the parties that have caused the irremediable breakdown of the marriage."

YOUR POST:

Do you have to have proof of the adultery?

ANSWER:

No. In fact, the judge will not even allow any evidence as to adultery, since it is not relevant and would only go to showing "fault," which is contrary to the whole idea of "no-fault divorce."

YOUR POST:

If so, do you then have rights to the husband's belongings in a divorce. Or do you have the right to sue the mistress for adultery?

ANSWER:

No, adultery does not give you any greater or lesser "rights" to the husband's belongings than would be the case were there no adultery. Again, under the doctrine of no-fault divorce, the social misconduct of a party does not have any bearing on the question of property division. Nor can you sue the mistress. While she may be guilty of moral transgressions, she has not done anything that violates Oregon law.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

621 S.W. Morrison St., Suite 350

Portland, Oregon 97205

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-274-0818

E-mail: [email protected]