Oregon is a no-fault divorce state, meaning you don't need to prove fault like infidelity, abuse, or abandonment to get a divorce. The standard ground is "irreconcilable differences" leading to the irretrievable breakdown of the marriage. This approach is designed to streamline the divorce process and avoid the need to assign blame.
But, while you don't need to prove fault to get a divorce, no-fault does not mean no consequences. Bad acts by one of the parties, both before and after a divorce is filed can still have seriously detrimental financial and legal implications.
Can bad acts affect how property is divided?
While the court generally focuses on equitable distribution of assets, bad acts during the marriage (like hiding assets or wasting marital funds) can be considered to ensure a fair outcome. For example, if one spouse intentionally drains marital assets to avoid paying debts, the court might adjust the division of property to offset that behavior. Spending an extraordinary amount of money without knowledge of their spouse to gain a financial advantage, especially in anticipation of a divorce notice, can also be considered a bad act. When a spouse does a bad act, before or during the divorce, the court can order several remedies to make things right.
A judge can consider such actions as dissipating assts, concealing assets or refusing to declare properties owned or having an interest can in be considered misconduct, potentially leading to an unequal division of property to offset the harm caused by the concealment. Refusing to declare property or ignoring judge rulings in a divorce can impact the outcome, potentially leading to an equalizing judgment.
Can the court restrain these bad actions?
In Oregon, when a divorce petition is filed, an automatic restraining order provides a list of actions the petitioner and respondent should not do during the divorce. The purpose of the restraining order is to make sure that all property and other legal arrangements remain the same throughout the divorce process. It also seeks to ensure that one party does not take advantage of or harm the other party for malicious or otherwise negative reasons. These prohibitions include:
- Canceling, changing, lapsing by nonpayment a policy for insurance that one spouse owns that covers the other spouse or their minor children.
- Changing beneficiaries on an insurance policy maintained for coverage of the other spouse or minor children.
- Transferring, destroying, hiding, or disposing of property that the other spouse has an interest.
- Spending an extraordinary amount of money without written notice to the spouse.
What if a spouse lies about their assets or income?
Hiding assets and being untruthful to the court about their assets or income can significantly damage a spouse's credibility with the court, potentially impacting other aspects of the divorce, such as child custody, parenting time, and spousal support decisions. Judges have discretion in how they address such situations, taking into account various factors, including the extent of the concealment and its impact on the other spouse.
If one spouse deliberately conceals assets, penalties can include support adjustments, financial penalties, and adjustments to the division of assets, including equalizing judgments. The court may award a larger share of the marital assets to the other spouse as compensation for the hidden assets, ensuring a more equitable division.
Can bad acts affect child custody?
Yes, it can. If domestic violence or abuse is proven, it can significantly influence child custody decisions. The court will consider the impact of abuse on the children and may limit or restrict the abusive parent's access to the children.
Can bad acts affect attorney fees?
A court may order one spouse to pay the other's attorney fees if they act unreasonably or in bad faith before or during the divorce proceedings. This could include hiding financial information, making false claims, or engaging in harassing behavior.
What should a spouse do if the other spouse is doing bad acts?
If you suspect your spouse is hiding assets or engaging in misconduct, consult with a lawyer immediately. Document any evidence of bad acts, including financial records, photos, emails, etc. Avoid engaging in retaliatory or harmful behavior yourself, as it could negatively impact your case. If you are a victim of domestic violence, consider seeking legal protection through a restraining order or other protective measures.