Divorce in Oregon is straightforward on paper, but the details matter. Whether your case is contested or amicable, this guide breaks down everything you need to know—step by step.
Prerequisites for divorce in Oregon
Here are the minimum requirements before you can begin divorce proceedings.
Residency requirements
You can file for divorce in Oregon if:
- You or your spouse has lived in Oregon for at least six months, or
- The marriage took place in Oregon and at least one spouse currently lives in the state.
Waiting period
There is no mandatory waiting period once you file, but uncontested cases usually take a few weeks to a few months to finalize.
Grounds for divorce
Oregon is a no-fault divorce state. The only ground required is that the marriage is "irretrievably broken."
How to file for divorce in Oregon
These are the general steps you can expect:
- File a Petition: Start by filing a Petition for Dissolution of Marriage with the Circuit Court in your county.
- Serve your spouse: You must serve the other party unless filing jointly. They have 30 days to respond.
- Temporary orders (optional): You may request temporary orders for custody, support, or property.
- Agreement or hearing: If uncontested, file a settlement agreement. If contested, the case goes to trial.
- Final judgment: The judge signs the General Judgment of Dissolution to finalize your divorce.
Cost of divorce & filing fees
The standard filing fee in Oregon is about $300–$400, depending on the county.
You may also need to pay for:
- Service of process
- Mediation or parenting classes (if children are involved)
- Attorney fees
You can request a fee waiver or deferral if you can’t afford the filing fee.
Property, assets & debt division
Oregon follows equitable distribution laws. That means marital property is divided fairly, but not always 50/50.
Marital property includes anything acquired during the marriage, regardless of who holds the title.
The court may consider:
- Contributions of each spouse (income or homemaking)
- Length of the marriage
- Future earning potential
Separate property (owned before the marriage or received as a gift/inheritance) is usually excluded—unless commingled.
Spousal support (alimony)
Spousal support in Oregon is never automatic. You must request it. Courts award it based on:
- Length of the marriage
- Standard of living during the marriage
- Age, health, and earning potential
- Contributions to education or career
There are three types:
- Transitional: Helps a spouse gain education or training
- Compensatory: Reimburses for major contributions to the other spouse’s career
- Maintenance: Ongoing support based on need
Child support & custody in Oregon
Custody
Oregon courts decide custody based on the best interest of the child. Options include:
- Sole custody
- Joint custody (only if both parents agree)
Parenting time is ordered separately and outlines the visitation schedule.
Child support
Support is calculated using the Oregon Child Support Guidelines, which consider:
- Parent income
- Number of children
- Health insurance and childcare expenses
Estimate support with the Oregon Child Support Calculator.
Military divorce in Oregon
Military service members and their spouses can file in Oregon if one party resides or is stationed in the state. The Servicemembers Civil Relief Act (SCRA) may delay proceedings during active duty.
Legal separation and annulment
- Legal separation: Available for couples who want to stay married but live separately. Financial and custody matters can still be settled.
- Annulment: Rare, but possible in cases of fraud, bigamy, underage marriage, or lack of consent.
Can you file for divorce online in Oregon?
Yes. Oregon offers online forms and Guide & File tools through the Oregon Judicial Department. Some counties also offer e-filing.
After divorce: what happens next?
- Name change: Can be included in the final judgment—check your local form for the section to do so.
- Taxes: Update your filing status and withholdings.
- Modifications: Custody, support, or parenting time can be modified later.
- Estate planning: Update wills, beneficiaries, and insurance. See our list of things to update.
Legal help and divorce resources
Whether your divorce is simple or more involved, having a clear understanding of the process can make it easier to move forward. Legal advice is recommended if you're dealing with complex custody or property issues.