If you’re filing for divorce because of spousal misconduct, it may seem unfair that there are no repercussions for your spouse’s actions in your divorce case. Oregon is a ‘no-fault’ state, which essentially means that the reasons for the divorce will have little effect on the divorce proceedings.
Considering misconduct in divorce child custody proceedings
If you pursued a divorce because of spousal infidelity, emotional neglect, reckless spending or dishonest behavior, this would likely have no consideration in terms of asset and debt division.
- Misconduct will sometimes affect considerations of child custody and parenting plans for children.
- If a spouse’s misconduct puts your children’s health, safety or welfare at risk, the details of misconduct may become pertinent to the court in deciding resulting custody issues.
- Areas of possible child welfare issues could include drug and alcohol abuse, domestic violence, child neglect, mental illness, reckless endangerment.
Finding the best possibilities for a divorce settlement
In some rare cases, a judge may consider spousal misconduct with regards to the division of property and assets if it is considered ‘economic’ misconduct. These cases might involve the concealment of essential assets or reckless spending habits that could influence spousal support and property division decisions. You should not have to bear the leftover burdens of an irresponsible spouse. A skilled divorce lawyer can help you explore all the options available to you during your divorce.
