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Stipulated Divorce in Oregon: Agreeing on Everything (2026 Guide)

By Antonio G. Jimenez, Esq.Oregon16 min read

At a Glance

Residency requirement:
If you were married in Oregon, either spouse simply needs to be a resident of the state at the time of filing — no minimum duration is required (ORS §107.075(1)). If you were married outside Oregon, at least one spouse must have lived in Oregon continuously for at least six months before filing (ORS §107.075(2)).
Filing fee:
$301–$301

As of August 2026. Reviewed every 3 months. Verify with your local clerk's office.

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A stipulated divorce in Oregon is an uncontested dissolution in which both spouses sign one written settlement resolving every issue — property, debts, support, and parenting — before a judge signs a stipulated judgment. Filing costs $287 to $301, Oregon imposes no waiting period, and most agreed cases finalize in 4 to 8 weeks under Or. Rev. Stat. § 107.025.

Key Facts: Stipulated Divorce in Oregon (2026)

FactDetail
Filing Fee$287-$301 (Or. Rev. Stat. § 21.155); fee waiver at or below 125% of the federal poverty level
Waiting PeriodNone — the former 90-day statutory waiting period (Or. Rev. Stat. § 107.065) was repealed in 2011
Residency Requirement6 continuous months before filing if married outside Oregon; none if married in Oregon (Or. Rev. Stat. § 107.075)
GroundsIrreconcilable differences only — no-fault (Or. Rev. Stat. § 107.025)
Property Division TypeEquitable distribution — a just and proper division (Or. Rev. Stat. § 107.105)

What Is a Stipulated Divorce in Oregon?

A stipulated divorce in Oregon is a dissolution of marriage in which both spouses agree on 100% of the terms and memorialize them in a signed stipulated judgment the court approves without a trial. Oregon law favors negotiated settlements under Or. Rev. Stat. § 107.104, which directs courts to enforce the terms spouses reach voluntarily.

The word 'stipulated' simply means both parties stipulate — formally agree — to every provision. In practical terms, a stipulated divorce Oregon couples pursue is the same thing many people call an agreed divorce, a consent divorce, or a settled divorce. There is no contested hearing because there is nothing left to contest. Oregon recognizes only one ground for dissolution, irreconcilable differences, under Or. Rev. Stat. § 107.025, so neither spouse must prove fault, misconduct, or wrongdoing. When spouses cooperate, the case moves through the circuit court as paperwork rather than litigation, which is why a mutual divorce agreement is the fastest and cheapest route to a final judgment in Oregon.

The stipulated judgment is the heart of the case

The stipulated judgment is a single court order that divides assets and debts, sets any spousal support, and establishes custody, parenting time, and child support if children are involved. Once a Marion County, Multnomah County, or any Oregon circuit court judge signs it, the marriage ends on that date. Because the terms are agreed, judges rarely reject a complete, statute-compliant judgment. The document controls the parties for years afterward, so precision matters more than speed.

Oregon Residency and Grounds Requirements

At least one spouse must be a resident of or domiciled in Oregon for a continuous 6 months immediately before filing if the marriage occurred outside Oregon, under Or. Rev. Stat. § 107.075. If the marriage was performed in Oregon, either spouse need only reside in or be domiciled in the state when the petition is filed — no minimum duration applies.

These residency rules are jurisdictional, meaning a court cannot grant a dissolution without them being satisfied. Domicile means the place you treat as your permanent home and intend to return to, which is broader than a mailing address. Members of the military stationed in Oregon can generally establish the required domicile even without a six-month physical presence in every case.

The grounds question is far simpler. Oregon is a pure no-fault state: the only basis for dissolution is irreconcilable differences that have caused the irremediable breakdown of the marriage, per Or. Rev. Stat. § 107.025. Courts will not receive evidence of specific acts of misconduct except where it is directly relevant to a contested custody issue. For a stipulated divorce, this means adultery, cruelty, or abandonment are legally irrelevant to whether the divorce is granted — they change nothing about the ground and cannot be used to punish a spouse in the property division. If you are unsure whether your situation fits an agreed divorce, a personalized divorce roadmap can map your next steps in a few minutes.

How to File a Stipulated Divorce in Oregon: Step by Step

Filing a stipulated divorce in Oregon takes six core steps and typically 4 to 8 weeks from petition to signed judgment. Spouses can file as co-petitioners jointly, or one spouse files as petitioner and the other signs a response and stipulation. There is no mandatory waiting period after the 2011 repeal of former Or. Rev. Stat. § 107.065, so timing depends mostly on court processing.

The Oregon Judicial Department publishes standardized dissolution forms for cases with and without children. Follow these steps:

  1. Confirm residency and complete the Petition for Dissolution of Marriage, listing all assets, debts, and children under Or. Rev. Stat. § 107.085.
  2. File the petition with the circuit court clerk in the county where either spouse lives and pay the $287-$301 filing fee, or submit a fee-waiver application if income is at or below 125% of the federal poverty level.
  3. Give the other spouse notice — as co-petitioners you both sign the petition, or the respondent signs an Acceptance of Service to avoid a formal serve.
  4. Negotiate and draft the settlement, then reduce it to a written Marital Settlement Agreement and a proposed Stipulated General Judgment.
  5. Complete any required parenting documents — a parenting plan and, for parents of minor children, the mandatory parent education class ordered in many counties.
  6. Submit the signed stipulated judgment for the judge's signature; once entered, the dissolution is final and the clerk issues a copy on request.

Because the paperwork drives the outcome, errors in asset descriptions or support math are the most common reason a judge sends a stipulated packet back. Reviewing the file against a divorce timeline tool helps you anticipate each court step before you file.

What the Stipulated Judgment Must Resolve

A valid Oregon stipulated judgment must resolve four categories completely: division of all real and personal property and debts, spousal support (or an explicit waiver), and — if children are involved — legal custody, a parenting-time schedule, and child support. Full financial disclosure is required by Or. Rev. Stat. § 107.105; a judge can set aside an agreement built on hidden assets.

Every marital asset and liability should be named and assigned, not left vague. That includes the house, vehicles, bank and retirement accounts, business interests, credit-card balances, and tax refunds. Retirement accounts divided between spouses usually require a separate Qualified Domestic Relations Order (QDRO), and omitting it can strand a promised pension share for years. For couples with minor children, the judgment must state whether custody is joint or sole and attach a parenting plan describing holidays, weekdays, and transportation. Oregon courts apply the best-interests-of-the-child standard and will scrutinize child-support figures against the state guidelines even in an agreed case. A thorough mutual divorce agreement leaves nothing to a later dispute — the goal of a settled divorce is a document that never needs to return to court. Understanding equitable distribution before you sign helps ensure the split is genuinely fair rather than merely convenient.

How Much Does a Stipulated Divorce Cost in Oregon?

A stipulated divorce in Oregon costs $287 to $301 in court filing fees under Or. Rev. Stat. § 21.155, plus optional costs for legal review or mediation. Compared with a contested divorce, which the American Bar Association and state surveys peg at $10,000 or more per spouse, an agreed divorce is dramatically cheaper because there are no depositions, expert witnesses, or trial days.

The following table breaks down typical 2026 cost ranges. Amounts are estimates as of August 2026; verify the filing fee with your local circuit court clerk.

Cost ItemTypical 2026 RangeNotes
Court filing fee$287-$301Varies by county; waivable at or below 125% federal poverty level
Response/co-petition fee$0-$287Waived when spouses file jointly as co-petitioners
Parent education class$30-$60Required in most counties for parents of minor children
Mediation (optional)$100-$300 per hourOften 2-4 hours for near-complete agreements
Attorney review of documents (optional)$500-$1,500 flatFar below the $10,000+ of a contested case
Certified copies of judgment$5-$40Per copy, ordered from the clerk

A fee waiver can reduce the out-of-pocket court cost to $0 for qualifying low-income filers. Even with optional professional help, most stipulated cases resolve for under $2,000 total, versus five-figure litigation. Because Oregon has no waiting period, spouses are not paying for months of pending-case limbo either.

How Long Does a Stipulated Divorce Take in Oregon?

A stipulated divorce in Oregon typically finalizes in 4 to 8 weeks from filing, because the 90-day waiting period was repealed in 2011 when former Or. Rev. Stat. § 107.065 was eliminated. The remaining time is court processing: once a complete stipulated judgment reaches a judge, entry often follows within days in less-busy counties.

Several variables move the timeline. Filing as co-petitioners with a finished settlement is the fastest path, sometimes 4 weeks or less. If one spouse must be served and given the 30-day response window under Oregon civil procedure, add a few weeks. High-volume courts such as Multnomah County can take longer than rural circuits simply because of docket backlog. The single biggest delay in an agreed divorce is not the court — it is the negotiation. Couples who reach a full mutual divorce agreement before filing skip weeks of back-and-forth. Because no statutory cooling-off period applies, a stipulated divorce Oregon spouses prepare carefully can move as quickly as the courthouse can process the paperwork, which is a meaningful advantage over states that still impose 60-day, 90-day, or six-month waits.

Property Division in an Oregon Stipulated Divorce

Oregon divides marital property by equitable distribution — a just and proper division in all the circumstances under Or. Rev. Stat. § 107.105 — not a mechanical 50/50 split. In a stipulated divorce, spouses substitute their own agreed division for what a judge would order, and courts approve it as long as it is not unconscionable and rests on full financial disclosure.

Equitable does not mean equal, though many agreed divisions land near 50/50 for simplicity. Oregon applies a rebuttable presumption of equal contribution to assets acquired during the marriage, meaning both spouses are presumed to have contributed equally even if only one earned wages. Factors that shape a just and proper split include the length of the marriage, each spouse's economic circumstances, earning capacity, and the tax consequences and sale costs of dividing specific assets. Fault plays no role — Oregon prohibits weighing marital misconduct when dividing property. Separately owned premarital property or inheritances can sometimes be kept out of the pot, but commingling them into joint accounts often converts them to marital property. Because spouses control the outcome in a settled divorce, thoughtful trade-offs — one keeps the house, the other keeps retirement of equal value — are common. To pressure-test a proposed split, run the numbers through a property division calculator before signing.

Spousal and Child Support in a Stipulated Agreement

An Oregon stipulated judgment can set, limit, or waive spousal support, and it must set child support consistent with the state guidelines for any minor children. Oregon recognizes three support types under Or. Rev. Stat. § 107.105: transitional, compensatory, and maintenance. Child support uses the Income Shares model, combining both parents' incomes and allocating a proportional share.

Spousal support is fully negotiable in an agreed divorce. Transitional support funds education or job re-entry, typically for 2 to 5 years. Compensatory support repays a spouse who significantly boosted the other's career, education, or earning capacity. Maintenance support, often used after long marriages, helps a lower-earning spouse sustain a comparable standard of living. Spouses can agree to any amount and duration, or waive support entirely, and courts generally honor those terms. Child support is different: even in a stipulated case, the figure must track Oregon's guideline calculation, which credits parenting time, child-care costs, health insurance, and a self-support reserve. Judges can reject a below-guideline child-support number that is not justified. Estimate your obligation with the child support calculator and a spousal support estimator so the agreement reflects realistic figures the court will accept.

Stipulated vs. Contested Divorce in Oregon

A stipulated divorce resolves every issue by agreement and finalizes in 4 to 8 weeks for $287 to $301, while a contested divorce litigates disputes through hearings and trial, often taking 6 to 18 months and costing $10,000 or more per spouse. The legal ground — irreconcilable differences under Or. Rev. Stat. § 107.025 — is identical; only the path differs.

The table below contrasts the two routes on the factors that matter most to Oregon couples.

FactorStipulated (Agreed) DivorceContested Divorce
Typical timeline4-8 weeks6-18 months
Court filing fee$287-$301$287-$301 (plus litigation costs)
Total typical costUnder $2,000$10,000+ per spouse
Court appearancesOften noneMultiple hearings, possible trial
Who decides termsThe spousesThe judge
PrivacyHigh — no public trial testimonyLower — contested facts aired in court
Emotional strainLowerHigher
Waiting periodNoneNone

Many cases start contested and become stipulated once spouses negotiate the remaining issues, sometimes with mediation. Even a mostly agreed case with one sticking point — say, the value of a small business — can often be converted into a consent divorce by resolving that single item. If negotiations stall, or if there is a history of abuse, hidden assets, or a significant power imbalance, professional guidance is prudent. You can find a divorce attorney who handles uncontested and settlement-focused work to review your documents before they become a binding judgment.

Frequently Asked Questions

Is a stipulated divorce the same as an uncontested divorce in Oregon?

Yes. A stipulated divorce is Oregon's term for an uncontested dissolution in which both spouses agree on all terms and sign a stipulated judgment. It is also called an agreed, consent, or settled divorce. These cases skip trial, finalize in about 4 to 8 weeks, and cost $287 to $301 in filing fees.

How long does a stipulated divorce take in Oregon?

Most stipulated divorces in Oregon finalize in 4 to 8 weeks from filing. Oregon repealed its 90-day waiting period in 2011 (former Or. Rev. Stat. § 107.065), so the timeline depends on how quickly spouses finish their settlement and how busy the county court is, not on a mandatory wait.

What does it cost to file a stipulated divorce in Oregon?

The court filing fee is $287 to $301 under Or. Rev. Stat. § 21.155, as of August 2026 — verify with your local clerk. Spouses at or below 125% of the federal poverty level can request a fee waiver reducing the cost to $0. Total costs usually stay under $2,000, even with optional attorney review.

Do both spouses have to sign for a stipulated divorce?

Yes. A stipulated divorce requires both spouses to sign the settlement and the proposed judgment, either as co-petitioners filing jointly or as a petitioner and a responding spouse who signs the stipulation. If one spouse refuses to sign, the case is contested, not stipulated, and follows the litigation track instead.

Can we get a stipulated divorce in Oregon if we have children?

Yes. Couples with minor children can file a stipulated divorce, but the judgment must include legal custody, a parenting plan, and a child-support amount consistent with Oregon's Income Shares guidelines. Most counties also require parents to complete a parent education class costing roughly $30 to $60 before the judgment is entered.

Does fault or adultery affect an Oregon stipulated divorce?

No. Oregon is a pure no-fault state under Or. Rev. Stat. § 107.025, so adultery, cruelty, or abandonment cannot change whether the divorce is granted or how property is divided. Courts exclude evidence of misconduct except where directly relevant to a contested custody question, which does not arise in a fully agreed case.

What is the residency requirement for a stipulated divorce in Oregon?

Under Or. Rev. Stat. § 107.075, at least one spouse must be an Oregon resident or domiciliary for 6 continuous months before filing if the marriage happened outside Oregon. If the marriage occurred in Oregon, either spouse only needs to reside in or be domiciled in the state when the petition is filed.

How is property split in an Oregon stipulated divorce?

Oregon uses equitable distribution — a just and proper division under Or. Rev. Stat. § 107.105 — not an automatic 50/50 rule. In a stipulated divorce, spouses decide the split themselves, and courts approve it if it is not unconscionable and rests on full financial disclosure. A rebuttable presumption of equal contribution applies to marital assets.

Can a stipulated divorce include spousal support?

Yes. Spouses can agree to any spousal support amount and duration, or waive it entirely, in a stipulated judgment. Oregon recognizes transitional, compensatory, and maintenance support under Or. Rev. Stat. § 107.105. Courts generally honor agreed support terms, unlike child support, which must still track the state guideline calculation.

Do I need a lawyer for a stipulated divorce in Oregon?

Oregon does not require an attorney for a stipulated divorce, and many couples file using the Oregon Judicial Department's standardized forms. However, having a lawyer review the settlement — often a flat $500 to $1,500 — can catch missing QDROs, tax issues, or unfair terms before the judgment becomes a binding order that is difficult to change later.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Oregon divorce law

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