How Do I File for Divorce in Oregon?

How to file for divorce in Oregon depends in part on whether your divorce is contested or uncontested.

Here's what you need to know to get started with your Oregon divorce (also called a "dissolution of marriage").

Residency Requirements for Divorce in Oregon

You must meet a state's residency requirements before you can file for divorce in its courts. If you were married in Oregon and either you or your spouse is a resident of Oregon at the time you file for divorce, you meet Oregon's residency requirements.

If you weren't married in Oregon, though, at least one spouse must reside in Oregon for six continuous months before filing for divorce. (Or. Rev. Stat. § 107.075 (2021).) You must file in a county where one of you lives.

The Grounds for Divorce in Oregon

Oregon is a "no-fault" divorce state—meaning that the courts don't require one spouse to prove that the other's bad acts were the cause of the divorce. No-fault divorces reach resolution faster than fault-based divorces because the spouses don't have to argue about or prove who was responsible for the divorce. Also, with a no-fault divorce, you don't have to have your spouse's consent to end the marriage.

An Oregon court will grant a divorce when "irreconcilable differences" between the parties have caused the marriage to break down, and there is no hope that the couple will get back together. (Or. Rev. Stat. § 107.025 (2021).)

How to File for Divorce in Oregon

Generally, there are two types of divorce—contested and uncontested. An uncontested divorce is one where the spouses agree on all divorce-related matters, such as division of property, child custody, and spousal support. A contested divorce, on the other hand, is one where the spouses can't agree and must ask a court to decide the issues in their divorce.

Uncontested divorces are usually faster and less expensive than contested divorces because there's no fighting in court. Instead, the judge needs only to review and approve the spouses' marital settlement agreement and issue a divorce decree.

How to File an Uncontested Divorce in Oregon

To start an uncontested divorce in Oregon, you'll need to file the required paperwork in the circuit court clerk's office at your local court. You can file on your own, or (because you and your spouse agree on all the issues in your divorce) you can file with your spouse as "co-petitioners." However, if you choose to file as co-petitioners, the Oregon courts recommend contacting a lawyer.

You'll need to file:

Depending on your situation, you might have to file different or additional forms—it's always a good idea to check with the court clerk to make sure you have everything you need. You can download forms and instructions from the Oregon Judicial Branch's website.

Oregon uncontested divorces usually take about three months after filing to finalize.

Oregon Short-Form Summary Dissolution

Oregon also has an expedited form of uncontested divorce called "short-form summary dissolution." Couples who qualify for short-form summary dissolution can end their marriage without ever having to appear in court. To qualify, the following must apply:

  • one or both spouses have lived in Oregon for the past six months
  • have been married 10 years or less
  • do not have minor children together, either biological or adopted
  • do not have children together who are 18 or older and under 21 and currently attending school
  • neither spouse is pregnant
  • neither spouse owns any interest in real estate in any state
  • own less than a total of $30,000 in personal property, whether separate or joint
  • have debts incurred on or after the date of marriage totaling no more than $15,000, whether separate or joint
  • the petitioner waives the right to receive spousal support
  • the petitioner waives the right to ask for temporary orders, and
  • don't have any divorce, separation, or annulment actions pending in Oregon or any other state.

(Or. Rev. Stat. § 107.485 (2021).)

How to File a Contested Divorce in Oregon

A contested divorce begins when one of the spouses files a petition with the court. Many of the documents you need for a contested divorce are the same as those required for an uncontested divorce. Whatever issues you and your spouse don't agree on will be decided by a judge.

After the non-filing spouse responds to the divorce petition, the court will likely schedule a conference hearing. If you and your spouse don't resolve your issues while the divorce is pending, the court will schedule your case for trial.

It can take six months to two years to finalize a contested divorce in Oregon.

Divorce Filing Fees in Oregon

You'll have to pay court filing fees to begin your divorce. As of 2021, Oregon courts charge $301 to file a dissolution of marriage. Because filing fees change often, you'll want to get the current fee schedule from the clerk of the court where you'll be filing your petition. Most of the time, you'll pay the filing fee at the same time you file the petition.

If you can't afford to pay the filing fees, you can ask the judge to waive the fees. You can request a fee waiver by filing an Application for Deferral or Waiver of Fees & Declaration in Support. Oregon courts provide detailed instructions online.

Serving Your Spouse in Oregon

Once you file the paperwork, you will need to provide notice to your spouse of the divorce. Oregon has two ways to give your spouse notice of the divorce.

  • Service of the Petition and other papers. You can hire the sheriff in the county where your spouse lives to serve your spouse with the divorce papers, or you can hire a private process server. You can't serve your spouse yourself. Another option is to have someone who is 18 years or older, a resident of Oregon, and who is not a party to the case serve your spouse. Whoever serves your spouse must file a Certificate of Service with the court as evidence of service.
  • Acceptance of Service. If your spouse agrees to sign an Acceptance of Service form, you do not have to formally serve your spouse.

If attempts to serve your spouse are unsuccessful, you can ask the judge for permission to serve your spouse in another way, such as by publication or posting.

Getting Help Filing Your Oregon Divorce

If you'd like to DIY your divorce, many of the forms you'll need are available on the Oregon Judicial Branch's website.

If you're working with an attorney, your attorney will assess your situation and fill out, file, and serve all the necessary forms.

Many divorcing couples can't afford to hire an attorney to handle their entire case, but would like some assistance with completing and filing their forms. If this describes your situation, consider using an online divorce service or finding an attorney who will consult with you on an as-needed basis. Low-income individuals might qualify for reduced-fee or free legal aid.

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