A divorce without children in Oregon is the simplest form of dissolution the state offers. Oregon charges a filing fee of $287 to $301, imposes no mandatory waiting period, and requires only irreconcilable differences as grounds under Or. Rev. Stat. § 107.025. Childless couples married 10 years or less may qualify for summary dissolution, finalizing in 2-4 weeks.
Key Facts: Divorce Without Children in Oregon
| Factor | Oregon Rule (2026) |
|---|---|
| Filing Fee | $287-$301 (varies by county); one fee for co-petitions |
| Waiting Period | None (mandatory 90-day period repealed 2011) |
| Residency Requirement | 6 months if married outside Oregon; none if married in-state |
| Grounds | Irreconcilable differences (no-fault only) |
| Property Division Type | Equitable distribution (not community property) |
| Governing Statute | Or. Rev. Stat. Chapter 107 |
| Summary Dissolution Cap | Marriage ≤10 years, no minor children, no real estate |
What Makes a Childless Divorce Simpler in Oregon
A divorce without children in Oregon eliminates roughly half of the contested issues in a typical dissolution. Without minor children, there is no custody dispute, no parenting plan, no child support calculation, and no mandatory parent education class ($60-$100 per person). This reduces the median uncontested cost from approximately $3,000 to a $287-$500 range for self-represented filers.
Oregon law treats the absence of children as a qualifying condition for its fastest track. The standard dissolution process under Or. Rev. Stat. § 107.105 still requires dividing property, allocating debt, and resolving any spousal support claim. But the no kids divorce process skips the entire body of child-related litigation. A simple divorce no children case in Oregon that is fully uncontested can finalize in 4-8 weeks, and a summary dissolution can conclude in 2-4 weeks. Because Oregon is a pure no-fault state, neither spouse must prove wrongdoing, which further shortens the timeline for childless couples who agree on dividing their assets.
Residency Requirements for Oregon Divorce
To file for divorce without children in Oregon, at least one spouse must have lived in or been domiciled in Oregon continuously for six months before filing, under Or. Rev. Stat. § 107.075. If the marriage was performed in Oregon, no minimum residency duration applies — either spouse simply needs to be an Oregon resident on the filing date.
This two-tier system distinguishes Oregon from states with a flat residency rule. Under Or. Rev. Stat. § 107.075(1), a couple married inside Oregon can file the moment one spouse establishes residency, with no waiting clock. Under subsection (2), couples married outside Oregon must satisfy the six-month continuous requirement before a court has jurisdiction. Residency is proven through an Oregon driver's license, voter registration, a lease or mortgage, utility bills, or state tax returns showing an Oregon address. Non-immigrant immigration status does not bar establishing domicile, per the 1981 Pirouzkar decision. Newcomers who cannot yet meet the six-month rule may file for legal separation — which requires only current residency at commencement — and later convert it to a dissolution once six months pass. The petition is filed in the circuit court of the county where either spouse resides under Or. Rev. Stat. § 107.086.
Oregon Filing Fees and Total Cost
The filing fee for a divorce in Oregon is $287 to $301 as of January 2026, set under Or. Rev. Stat. § 21.155. Most counties charge $301, though the statutory base is $287. Co-petition filings, where both spouses file jointly, require only a single fee. As of January 2026, verify the exact amount with your local circuit court clerk, since fees vary slightly by county.
Beyond the filing fee, a childless divorce carries fewer add-on costs than a divorce with dependents. Because there are no children, parent education classes ($60-$100 per person) and child support paperwork are eliminated entirely. Remaining costs include process server fees ($30-$150), certified copies of the final judgment ($5-$25 each), and mediation if the couple disputes property ($100-$300 per hour). Oregon waives the filing fee for petitioners with household income at or below 125% of the federal poverty level — $19,506 for a single person in 2026 — or those receiving SNAP, TANF, or SSI. Applicants file a Fee Deferral or Waiver Application through the Oregon Judicial Department Forms Center. A self-represented uncontested divorce without dependents typically totals $287 to $500, while attorney-assisted uncontested cases run $1,500 to $5,000.
Summary Dissolution: Oregon's Fastest Track
Summary dissolution is Oregon's simplest divorce, available under Or. Rev. Stat. § 107.485 when a couple meets nine strict conditions. It requires no court hearing, significantly less paperwork, and often finalizes in 2-4 weeks. Absence of children is a core requirement, making this track designed specifically for the childless divorce with minimal assets.
To qualify for summary dissolution under Or. Rev. Stat. § 107.485, all of the following must be true when the case commences: the residency and irreconcilable-differences requirements of Or. Rev. Stat. § 107.025 and § 107.075 are met; there are no minor children born to or adopted by the parties, no children over 18 still in school, no minor children from before the marriage, and neither spouse is pregnant; the marriage is 10 years or less in duration; neither spouse owns real estate; total unpaid debts incurred during the marriage do not exceed $15,000; the aggregate fair market value of personal property (excluding encumbrances) is under $30,000; both spouses waive spousal support; the petitioner waives pendente lite orders except protective ones; and no other domestic relations case is pending. Failing even one condition — such as owning a home — forces the standard dissolution process. Most Oregon divorces do not qualify because of these strict property and debt limits.
Property Division in a Childless Oregon Divorce
Oregon divides marital property through equitable distribution under Or. Rev. Stat. § 107.105(1)(f), meaning courts split assets as is just and proper — not automatically 50/50. A rebuttable presumption of equal contribution applies to all property acquired during the marriage, so many childless divorces still end in roughly equal divisions, though 55/45 or 60/40 splits occur when circumstances warrant.
Equitable distribution treats a homemaker's non-financial contributions as equal to a wage-earner's, even in a marriage without children. Marital property — everything acquired during the marriage regardless of whose name holds title — enters the divisible pool. Separate property, including assets owned before marriage, inheritances, third-party gifts, and property excluded by a valid prenuptial agreement, generally stays with its original owner, though commingling can blur the line. Courts weigh the length of the marriage, each spouse's economic circumstances, contributions to acquiring assets, tax consequences, and reasonable costs of selling assets. Critically, Or. Rev. Stat. § 107.105 prohibits courts from considering fault — adultery or abandonment cannot justify a larger share. Oregon further abolished the fault and in pari delicto doctrines by statute under Or. Rev. Stat. § 107.036. However, financial misconduct such as dissipating marital assets does affect the equitable division.
Spousal Support in Divorces With No Dependents
Spousal support in Oregon is available in any dissolution, including a divorce with no dependents, under Or. Rev. Stat. § 107.105(1)(d). Oregon recognizes three types: transitional, compensatory, and maintenance support. In summary dissolutions, however, both spouses must waive spousal support entirely — a mandatory condition under Or. Rev. Stat. § 107.485.
The absence of children does not remove spousal support from consideration in a standard dissolution. Oregon courts award transitional support to help a spouse re-enter the workforce or gain education, compensatory support to reimburse a spouse who contributed to the other's earning capacity, and maintenance support for longer marriages where income disparity is significant. Factors include the duration of the marriage, the age and health of each party, each spouse's earning capacity, work experience, and the standard of living established during the marriage. In shorter, childless marriages with two working spouses of comparable income, courts frequently award no spousal support at all. Couples pursuing the summary dissolution track must affirmatively waive support rights, which is why that route suits couples who are financially independent of one another and married 10 years or less.
Timeline: How Long a Childless Oregon Divorce Takes
A divorce without children in Oregon finalizes faster than any other category because Oregon repealed its mandatory 90-day waiting period in 2011. An uncontested childless divorce typically completes in 4-8 weeks from filing, a summary dissolution in 2-4 weeks, and co-petition cases can sometimes finalize in a single day when paperwork is prepared correctly.
| Divorce Type | Estimated Timeline | Requires Hearing |
|---|---|---|
| Summary dissolution (no children) | 2-4 weeks | No |
| Uncontested co-petition | Days to 4 weeks | No |
| Standard uncontested (no children) | 4-8 weeks | Rarely |
| Contested (no children) | 6-18 months | Yes |
Even without a statutory waiting period, procedural steps create minimum timelines. After the petition is served, the respondent has 30 days to file a written answer under Or. Rev. Stat. § 107.490. If the respondent defaults, the court may enter a judgment of summary dissolution and award costs to the petitioner. Co-petitioners who file jointly skip formal service entirely, which is why joint childless filings are the fastest. Contested divorces without children still take 6-18 months because property valuation, discovery, and negotiation consume time regardless of whether children are involved.
Step-by-Step: Filing a No-Children Divorce in Oregon
Filing a divorce without children in Oregon involves five core steps: confirm residency and grounds, select the correct petition form, file with the circuit court and pay the $287-$301 fee, serve your spouse (or co-petition to skip service), and obtain the final judgment. Summary dissolution eligibility under Or. Rev. Stat. § 107.485 should be checked first, as it is the simplest path.
- Verify jurisdiction: confirm six-month residency (or in-state marriage) and that irreconcilable differences apply under Or. Rev. Stat. § 107.025.
- Determine your track: if you are married 10 years or less, own no real estate, have debts under $15,000 and personal property under $30,000, and both waive support, use the Petition for Summary Dissolution. Otherwise use the standard Petition for Dissolution.
- File the petition in the circuit court of the county where either spouse resides under Or. Rev. Stat. § 107.086, and pay the filing fee or submit a fee waiver.
- Serve the respondent per ORCP 7 (summons plus a copy of the petition), or file jointly as co-petitioners to avoid formal service.
- Complete the process: the respondent has 30 days to answer; if none is filed, request a default judgment. Once the judge signs the general judgment of dissolution, the divorce is final immediately.
Oregon Judicial Department self-help forms are available at courts.oregon.gov, and low-income filers may access legal aid.