Can My Spouse Stop Me From Getting a Divorce?

Q: I want a divorce, but my spouse does not. Can I proceed without their permission or will they be able to stop me?

A: The short answer is, no, your spouse cannot stop you from continuing forward with the divorce proceedings if you decide that you would like to legal terminate your marriage. The most basic grounds for divorce in Oregon is “irreconcilable differences between the parties have caused the irremediable breakdown of the marriage”. Overall, Oregon is a “no-fault” divorce state. So, if one party wants to get a divorce and the other does not, there is little the other party can do to stop them. However, there are other jurisdictional requirements that may need to be addressed. For example, the parties need to have lived in the state for at least six months before one of them is able to file a petition for dissolution of marriage.

While your spouse may not agree to the divorce, they do have a right to participate in the dissolution of marriage proceedings and contest the terms of the dissolution including child custody, parenting time, spousal support, and division of assets and debts.