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Ely, Counselor at Law
Category: Family Law
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How do you file after spousal abandonment?

Customer Question

How do you file for divorce after spousal abandonment?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
How do i file spousal abandonment papers
Expert:  LegalGems replied 1 year ago.

Thanks for your patience;

OR is a no fault divorce state, so the court does not consider the grounds for the divorce. This has changed past law. Here is the current statute:


Doctrines of fault and in pari delicto abolished

  • • evidence and consideration of fault

(1)The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation.

(2)The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.

(3)In dividing, awarding and distributing the real and personal property (or both) of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.

(4)Where satisfactory proof of grounds for the annulment or dissolution of a marriage or for separation has been made, the court shall render a judgment for the annulment or dissolution of the marriage or for separation. A judgment of separation shall state the duration of the separation. [1971 c.280 §10; 1973 c.502 §2; 2003 c.576 §105]

Rather a Petition for Dissolution is filed based on "irreconciable differences":


Irreconcilable differences as grounds for dissolution or separation

(1)A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.

(2)A judgment for separation may be rendered when:

(a)Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage;

(b)The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as husband and wife, and the court finds such agreement to be just and equitable; or

(c)Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest. [1971 c.280 §9; 1973 c.502 §1; 2003 c.576 §104]