Uncontested Divorce in Oregon

Learn how to simplify your divorce in Oregon.

Oregon couples who wish to end their marriage as quickly as possible have several options. The state provides spouses with an array of free online resources that allow people to prepare their own divorce paperwork. Although Oregon imposed a 90-day waiting period for divorces in previous years, the state has done away with this requirement. Under certain circumstances, couples can end their marriage within a matter of days.

Requirements for Divorce

In Oregon, courts refer to divorce as a "dissolution of marriage." Rather than a plaintiff and defendant, the filing spouse (spouse asking for the divorce) is called the petitioner, and the other spouse is the respondent. Oregon also allows spouses to file together as co-petitioners.

Oregon is a pure "no-fault" divorce state, which means it does not permit spouses to allege any wrongdoing as the reason for the divorce. (Or. Rev. Stat. Ann. § 107.036.) The only ground permissible under Oregon family law is irreconcilable differences. (Or. Rev. Stat. Ann. § 107.025.)

Divorcing couples can satisfy the state residency requirement in one of two ways. You can file for dissolution if you were married in Oregon, and at least one spouse currently lives there. You can also file in Oregon if at least one spouse has lived in the state for a minimum of six months. (Or. Rev. Stat. Ann. § 107.075.)

Overview of the Uncontested Divorce Process

In Oregon, the court refers to an uncontested divorce as a "Summary Dissolution" or "Short Form Dissolution." Spouses who meet certain criteria can file for one of these abbreviated forms of divorce—which allows couples to end their marriage without ever appearing in court. Summary dissolution is available to couples who satisfy the following requirements:

  • one or both spouses have lived in Oregon for the past six months
  • you have been married 10 years or less
  • you have no children together, either biological or adopted
  • you have no children together who are 18 or older and currently attending school
  • neither spouse is now pregnant
  • neither spouse owns any interest in real estate in any state
  • you and your spouse own less than $30,000 in personal property, whether separate or joint
  • your debts are no more than $15,000, whether separate or joint
  • both spouses waive the right to receive spousal support
  • neither spouse is asking for temporary orders, and
  • there are no divorce, separation, or annulment actions pending in any other state. (Or. Rev. Stat. Ann. § 107.485.)

In addition to the above list, couples hoping to utilize the summary divorce process must agree on all divorce-related matters, including division of property and debt.

Completing and filing the necessary paperwork

Couples who satisfy the above requirements can either file their forms in person or mail them to the court. You can find helpful links on the Oregon Judicial Branch website, which provides the following forms:

  • Instructions
  • Petition for Summary Dissolution
  • Summons
  • Acceptance of Service
  • Declaration of Service
  • Petitioner's Ex Parte Motion, Declaration, and Order of Default
  • Notice of Statutory Restraining Order Preventing the Dissipation of Assets and Request for Hearing
  • General or Stipulated General Judgment of Summary Dissolution
  • Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership

Because there is no longer a mandatory waiting period in Oregon, it is possible to end your marriage within days of filing. In a traditional divorce, if your spouse doesn't submit an acceptance of service, you'll have to wait up to 30 days for your spouse to answer your petition. For practical reasons, even in summary dissolution cases, it generally takes several days to a few weeks for the court to process dissolution paperwork.

Dissolution of Marriage

Although these summary divorce processes are not available to parties with minor children, divorcing parents can still file for a regular "Dissolution of Marriage" as co-petitioners. As with summary dissolution, the parties have the option to mail their dissolution documents to the court. However, they must attend a court hearing in person.

The court requires different forms for a dissolution of marriage for parties with minor children, which are available online and include the following:

  • Instructions
  • Co-Petition for Dissolution
  • Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments
  • Petitioner's Certificate of Mailing to Division of Child Support
  • Co-Petitioners' Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing; and Order
  • Co-Petitioner's Affidavit in Support of Motion For Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing
  • Co-Petitioner's Affidavit Supporting Stipulated Judgment of Dissolution
  • Stipulated General Judgment of Dissolution
  • Co-Petitioners' Acknowledgment About Dissolution
  • Notice of Statutory Restraining Order Re: Dissipation of Assets and Request for Hearing

Couples with minor children must agree on child custody and child support, and also complete a mandatory parent education course designed to give them information about how divorce affects children. Petitioners who wish to end their marriage as soon as possible can speed up the dissolution process by completing this course immediately after they file their case.

Getting Help

If you have questions about filing for divorce in Oregon, you should contact a local family law attorney for help.

For the full text of all divorce-related statutes, review the Oregon Revised Statutes Section 107.

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