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Can Adultery Impact a Divorce Case in Oregon?

Posted on December 29, 2020 02:58pm
Can Adultery Impact a Divorce Case in Oregon?

Although adultery can impact the outcome of a divorce in some states, the state of Oregon is a no-fault divorce state, which means there are no grounds for divorce and no specific criteria must be met to prove that either spouse was responsible for the failure of the marriage. As such, adultery shouldn’t impact whether the court grants a divorce.

Can Adultery Impact a Child Custody Case?

While adultery won’t impact the divorce filing, it can factor into other areas of the divorce process. In order for adultery to have a significant influence on guardianship and visitation, the wronged party will have to prove that infidelity directly impacts one party’s ability or inability, as a parent. This can be achieved by showing that the cheating spouse demonstrated a pattern of neglect by choosing their affair over their parental duties. However, unless you can prove that adultery impairs their ability as a parent, you might not be allowed to present adultery as relevant information to your child custody case.

Adultery & Property Division

One area of divorce where adultery may play a factor in is the issue of property division. However, adultery only impacts this issue if the adultery directly affected one party’s financial circumstances. It’s important to note that proving an ex spent excessive amounts of money on gifts, travel, and hotel fees to carry out an affair can be difficult to prove in court without assistance from an experienced family law attorney.

Compassionate & Skilled Lawyers Serving Oregon

At McKinley Irvin, our team of seasoned legal professionals knows firsthand that while adultery can damage a marriage and cause trauma for children, it doesn’t always have a huge impact on the actual divorce proceedings. If you would like to discuss how adultery might affect your divorce case, please don’t hesitate to reach out to our firm today.

Give us a call or contact us online to schedule your case consultation.

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