Introduction
Filing for divorce is one of the most significant legal decisions you can make, and understanding the laws specific to your state is essential for navigating the process with confidence. Oregon's divorce laws — formally referred to as "dissolution of marriage" — are designed to streamline the process while ensuring fair outcomes for both parties. Oregon is an exclusively no-fault divorce state, meaning neither spouse needs to prove wrongdoing to end the marriage. This guide provides a comprehensive overview of Oregon divorce law, including grounds for divorce, residency requirements, property division, child custody, spousal support, the filing process, and what to expect in terms of timeline and costs.
Whether you are considering an amicable uncontested divorce or anticipating a more complex contested proceeding, this guide will help you understand the legal framework that governs dissolution of marriage in the State of Oregon.
Grounds for Divorce in Oregon
Oregon is an exclusively no-fault divorce state. Under ORS §107.025, the sole ground for dissolution of marriage is that there are irreconcilable differences between the parties that have caused the irremediable breakdown of the marriage. This means that neither spouse is required to prove fault, such as adultery, abuse, or abandonment, in order to obtain a divorce.
The no-fault framework offers several practical advantages. It simplifies the legal process, reduces adversarial conflict, and allows couples to focus on resolving substantive issues like property division and child custody rather than litigating blame. In practice, if one spouse asserts that irreconcilable differences exist, the court will generally accept that assertion — even if the other spouse disagrees and wishes to remain married.
What Does "Irreconcilable Differences" Mean?
Irreconcilable differences is a broad legal term that essentially means the marriage is broken beyond repair. You do not need to provide specific evidence of particular conflicts or incidents. The declaration itself is sufficient to establish the legal ground for dissolution.
Residency Requirements
Before you can file for divorce in Oregon, you must satisfy the state's residency requirements as outlined in ORS §107.075. The specific requirements depend on where the marriage took place:
- If the marriage was performed in Oregon: At least one spouse must be a resident of Oregon at the time the petition for dissolution is filed. There is no minimum duration of residency required.
- If the marriage was performed outside Oregon: At least one spouse must have been a resident of Oregon for a continuous period of six months immediately prior to filing the petition.
Residency is generally established by living in the state with the intent to make it your permanent home. Factors such as maintaining a home, working, voting, and paying taxes in Oregon can all serve as evidence of residency.
Where Do I File?
Divorce petitions are filed in the Circuit Court of the county where either spouse resides. If both spouses live in different Oregon counties, the petitioner (the spouse initiating the divorce) may typically file in either county.
Property Division
Oregon follows the principle of equitable distribution when dividing marital property. Under ORS §107.105(1)(f), the court has the authority to divide or otherwise dispose of the real and personal property of both parties, whether held jointly or individually, in a manner that is just and proper under the circumstances.
Equitable Does Not Mean Equal
It is important to understand that "equitable" does not necessarily mean a 50/50 split. Instead, the court aims for a division that is fair and just based on the totality of the circumstances. However, in practice, Oregon courts often begin with a presumption of equal division and then adjust based on relevant factors.
Factors the Court Considers
When determining how to divide property, Oregon courts typically consider:
- The length of the marriage
- Each spouse's contributions to marital assets, including homemaking and childcare
- Each spouse's economic circumstances at the time of division
- Whether one spouse contributed to the education or career advancement of the other
- Tax consequences of the proposed division
- The value of each spouse's separate property
- Any custodial arrangements for minor children
Marital vs. Separate Property
Generally, property acquired during the marriage is considered marital property and is subject to division. Property owned before the marriage, or received by gift or inheritance during the marriage, is typically considered separate property. However, Oregon courts have broad discretion and may include separate property in the division if equity requires it, particularly in long-term marriages.
Child Custody and Parenting Plans
When minor children are involved, Oregon courts prioritize the best interests of the child in all custody determinations. Oregon law recognizes two types of custody:
Legal Custody
Legal custody refers to the right and responsibility to make major decisions about a child's life, including education, healthcare, and religious upbringing. Oregon courts may award sole legal custody to one parent or, in limited circumstances, joint legal custody — but joint legal custody can only be ordered if both parents agree to it. The court cannot impose joint legal custody over a parent's objection.
Physical Custody and Parenting Time
Physical custody (sometimes referred to as "parenting time") determines where the child lives and the schedule of time each parent spends with the child. Oregon courts develop parenting plans that outline specific schedules, holiday arrangements, and provisions for communication between the non-custodial parent and the child.
Factors in Custody Decisions
Oregon courts consider a wide range of factors when making custody determinations, including:
- The emotional ties between the child and each parent
- Each parent's interest in and attitude toward the child
- The desirability of maintaining continuity in the child's living situation
- Any history of domestic violence or abuse
- The willingness of each parent to facilitate a close relationship between the child and the other parent
- The child's own preferences, if the child is of sufficient age and maturity
Spousal Support (Alimony)
Oregon courts may award spousal support (commonly known as alimony) to either spouse as part of the dissolution proceedings. Under Oregon law, there are three types of spousal support:
Transitional Support
Transitional support is awarded to help a spouse obtain the education or training necessary to become self-supporting. It is typically short-term and focused on workforce re-entry.
Compensatory Support
Compensatory support is designed to compensate a spouse who made significant contributions to the other spouse's education, career, or earning capacity during the marriage. For example, if one spouse worked to put the other through medical school, compensatory support may be appropriate.
Spousal Maintenance
Spousal maintenance is ongoing support awarded to a spouse who cannot meet their own reasonable needs independently. Courts consider factors such as the length of the marriage, each spouse's earning capacity, age, health, and the standard of living established during the marriage.
Factors the Court Considers
When determining spousal support, the court examines:
- The duration of the marriage
- Each spouse's income and earning potential
- The age and health of each spouse
- Training and employment opportunities available to each spouse
- The need for and ability to pay support
- The standard of living established during the marriage
- Child custody obligations
Filing Process
The Oregon divorce process involves several key steps:
Step 1: Prepare and File the Petition
The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the Circuit Court in the appropriate county. The petition outlines the basis for the divorce, identifies relevant issues (property, custody, support), and states the relief sought.
Step 2: Serve the Other Spouse
After filing, the petitioner must formally serve the other spouse (the respondent) with copies of the petition and a summons. Service must comply with Oregon's rules of civil procedure and can be accomplished through personal service, service by mail in some cases, or alternative methods approved by the court.
Step 3: Response
The respondent has 30 days from the date of service to file a written response with the court. If the respondent fails to respond within this period, the petitioner may request a default judgment.
Step 4: Discovery and Negotiation
If the divorce is contested, both parties may engage in discovery — the formal exchange of financial information and other relevant documents. Many couples also pursue mediation or collaborative divorce to reach agreements on disputed issues outside of court.
Step 5: Trial or Settlement
If the parties reach an agreement on all issues, they can submit a stipulated judgment to the court for approval. If disputes remain, the case proceeds to trial, where a judge will make final decisions on all contested matters.
Step 6: Final Judgment
Once all issues are resolved — whether by agreement or court ruling — the judge signs the General Judgment of Dissolution of Marriage, which officially terminates the marriage.
Timeline and Costs
Timeline
Oregon does not impose a mandatory waiting period for divorce. The state repealed its former 90-day waiting period in 2011. This means that, in theory, an uncontested divorce can be finalized relatively quickly — sometimes in as little as four to six weeks after the respondent is served, depending on the court's schedule. Contested divorces, particularly those involving complex property or custody disputes, can take several months to over a year to resolve.
Filing Fees
The filing fee for a divorce petition in Oregon ranges from approximately $273 to $301, as of February 2026. Fees may vary slightly by county, so it is advisable to verify the current fee with your local Circuit Court clerk. Additional costs may include:
- Service of process fees
- Mediation or attorney fees
- Court costs for motions or trial
- Fees for appraisals, financial experts, or custody evaluators
If you cannot afford the filing fee, you may apply for a fee waiver or deferral by filing the appropriate financial affidavit with the court.
Tips for Navigating Divorce in Oregon
- Gather financial documents early. Collect tax returns, bank statements, retirement account statements, mortgage documents, and other financial records before filing.
- Consider mediation. Oregon courts encourage mediation, and many couples find it to be a faster, less expensive, and less adversarial way to resolve disputes.
- Protect your interests. Even in an amicable divorce, consulting with an attorney can help ensure that your rights are protected and that agreements are fair and enforceable.
- Focus on the children. If you have children, keep their best interests at the forefront of every decision. Courts take parental cooperation seriously.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce law is complex and fact-specific, and the information presented here may not reflect the most current legal developments. Every situation is unique, and outcomes depend on the specific facts and circumstances involved. You should consult with a qualified Oregon family law attorney to obtain advice tailored to your individual situation. Neither the author nor the publisher assumes any liability for actions taken based on the information contained in this guide.