Divorce Laws in Oregon: Complete 2026 Guide

Oregon is an exclusively no-fault divorce state. Under ORS §107.025, the sole ground for dissolution of marriage is 'irreconcilable differences' between the parties that have caused the irremediable breakdown of the marriage. Unlike many other states, Oregon does not recognize any fault-based grounds for divorce. The doctrines of fault and in pari delicto (equal fault) have been explicitly abolished by ORS §107.036. The no-fault standard means that neither spouse must prove any wrongdoing — such as adultery, cruelty, abandonment, or substance abuse — to obtain a divorce. It is sufficient for one spouse to assert that irreconcilable differences exist. Under Oregon case law, agreement from both parties that differences are irreconcilable is not required; the test is whether the differences reasonably appear irreconcilable in the mind of the petitioner and whether the breakdown is irremediable (Dunn and Dunn, 13 Or App 497, 1973). This purely no-fault framework has several practical implications. First, it typically leads to faster resolution because there is no need for adversarial proceedings about the cause of the marriage's breakdown. Second, fault is not considered when the court divides property or determines spousal support — ORS §107.105 specifically prohibits the court from considering the fault of either party in causing grounds for dissolution. Third, the only substantive requirements are the residency threshold and filing the appropriate paperwork, making Oregon one of the more straightforward states in which to file for divorce. Oregon also offers a legal separation option under the same no-fault standard. If parties are not ready to fully dissolve the marriage, they may seek a judgment of separation, which can later be converted to a dissolution under ORS §107.465. Additionally, Oregon provides a streamlined 'summary dissolution' process under ORS §107.485 for qualifying couples with no minor children, limited assets and debts, and short marriages (10 years or fewer).

Oregon's residency requirements for filing a dissolution of marriage are set forth in ORS §107.075. The requirements differ depending on where the marriage was solemnized. If the marriage took place in Oregon, either spouse simply needs to be a resident of or domiciled in the state at the time the divorce petition is filed — there is no minimum duration of residency required (ORS §107.075(1)). If the marriage was solemnized outside Oregon, at least one spouse must have been a resident of or domiciled in the state continuously for at least six months before filing the petition (ORS §107.075(2)). This six-month continuous residency requirement ensures that Oregon courts have proper jurisdiction over the divorce proceedings. Once the residency requirement is satisfied, the petition must be filed in the circuit court of the county where either the petitioner or the respondent resides (ORS §107.086). The residence or domicile of a qualifying spouse is sufficient to confer jurisdiction on the court regardless of where the marriage took place or where the grounds for the suit arose (ORS §107.075). It is worth noting that nonimmigrant alien status does not prevent a person from establishing domicile in Oregon for purposes of dissolution (Pirouzkar and Pirouzkar, 51 Or App 519, 1981). For couples who do not yet meet the six-month residency requirement but need immediate legal relief, Oregon allows filing for a legal separation — which has a lower residency threshold (one party must simply be a resident at the time of filing) — and later converting the separation into a dissolution once the residency period is satisfied.

Oregon is an equitable distribution state. Under ORS §107.105(1)(f), the court is authorized to divide or otherwise dispose of the real and personal property of either or both parties 'as may be just and proper in all the circumstances.' This means the court aims for a fair division of marital assets and debts, but not necessarily an equal 50/50 split. Marital property generally includes all assets and debts acquired during the marriage, regardless of which spouse's name is on the title. The court considers a variety of factors when determining what constitutes a fair division, including: each spouse's contributions to the marriage (both financial and non-financial, such as homemaking and child-rearing), the duration of the marriage, each party's economic circumstances and earning capacity at the time of divorce, and the tax consequences of any proposed division. Retirement plans, pensions, and similar assets are explicitly treated as property subject to division under the statute. Separate property — assets owned before marriage, inherited during marriage, or received as gifts — is generally not subject to division, though it may be considered in certain circumstances. For example, if separate property was commingled with marital property or significantly appreciated in value due to the efforts of either spouse during the marriage, the court may include some or all of it in the equitable distribution. Importantly, fault plays no role in property division in Oregon. ORS §107.105 specifically prohibits the court from considering the fault of either party in causing the grounds for dissolution when dividing property or determining support. Spouses are encouraged to negotiate and reach a property settlement agreement through mediation or direct negotiation. If they cannot agree, the court will make the final determination after considering all relevant factors. Upon filing, Oregon law also automatically imposes a statutory restraining order preventing the dissipation of marital assets (ORS §107.093).

Oregon recognizes three distinct types of spousal support (commonly called alimony), each serving a different purpose. All three are governed by ORS §107.105(1)(d). The court must designate which type(s) of support it is awarding and must make findings regarding the relevant factors for each type. Transitional spousal support (ORS §107.105(1)(d)(A)) is designed to help a spouse obtain the education or training necessary to reenter the job market or advance their career. Factors the court considers include: the duration of the marriage, the party's training and employment skills, work experience, financial needs and resources, tax consequences, custodial and child support responsibilities, and any other factors the court deems just and equitable. Compensatory spousal support (ORS §107.105(1)(d)(B)) is awarded when one spouse has made a significant financial or other contribution to the other spouse's education, training, vocational skills, career, or earning capacity. The court considers the amount, duration, and nature of the contribution, the duration of the marriage, relative earning capacity, and other equitable factors. Spousal maintenance (ORS §107.105(1)(d)(C)) is the most common form and aims to allow the supported spouse to maintain a standard of living not drastically different from what was enjoyed during the marriage. It is most often awarded in longer marriages or where there is a significant income disparity. Factors include: the duration of the marriage, age and health of the parties, the standard of living established during the marriage, relative income and earning capacity, training and work experience, financial needs and resources, tax consequences, custodial responsibilities, and other just and equitable factors. Maintenance can be for a specified period or indefinite. There is no fixed formula for calculating spousal support in Oregon; each case is evaluated on its own facts. Support obligations generally terminate upon the death of either party or can be modified if there is a substantial change in financial circumstances (ORS §107.135). For divorces finalized after December 31, 2018, spousal support payments are no longer tax-deductible for the payer nor taxable income for the recipient under federal tax law.

In Oregon, child custody is determined based on 'the best interests and welfare of the child,' as set forth in ORS §107.137. Oregon distinguishes between legal custody (decision-making authority regarding major issues such as education, healthcare, and religious training) and parenting time (the physical schedule of time each parent spends with the child). The court must develop a parenting plan that addresses both components. ORS §107.137(1) lists the specific factors the court must consider when determining custody: (a) the emotional ties between the child and other family members; (b) the interest of the parties in and attitude toward the child; (c) the desirability of continuing an existing relationship; (d) the abuse of one parent by the other; (e) the preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. The court may not isolate any single factor to the exclusion of others. Joint custody — where both parents share decision-making responsibility — can only be ordered if both parents agree to it (ORS §107.169(3)). A court cannot impose joint custody over the objection of either parent. If joint custody is not agreed upon, the court will award sole custody to one parent while ensuring the noncustodial parent receives appropriate parenting time. Oregon law expressly states that no preference in custody shall be given to the mother over the father solely based on sex, or vice versa (ORS §107.137(5)). If a parent has committed abuse as defined in ORS §107.705, there is a rebuttable presumption that awarding custody to the abusive parent is not in the child's best interests (ORS §107.137(2)). The court also considers the conduct, marital status, income, social environment, or lifestyle of either party only if it is shown to be causing or may cause emotional or physical damage to the child. Oregon's overarching policy, as stated in ORS §107.101, is to assure children of frequent and continuing contact with parents who have demonstrated the ability to act in the child's best interests while also prioritizing the safety of the parties.

To initiate a divorce in Oregon, the filing spouse (the 'petitioner') must prepare and file a Petition for Dissolution of Marriage with the circuit court clerk in the county where either spouse resides (ORS §107.086). Oregon provides different petition forms depending on whether the couple has minor children. Required forms typically include: the Petition for Dissolution of Marriage, a Summons, a Notice of Statutory Restraining Order Preventing Dissipation of Assets, and a Confidential Information Form (CIF) for each party. All forms are available for free download from the Oregon Judicial Department's website. Alternatively, both spouses may file together as 'co-petitioners' if they agree on all terms. After filing, the petitioner must serve the respondent with copies of the divorce papers. Service can be accomplished through the county sheriff, a private process server, or any person who is at least 18 years old, an Oregon resident, and not a party to the case. The petitioner cannot serve the papers themselves. Alternatively, the respondent may voluntarily sign an Acceptance of Service form. A Certificate of Service must be filed with the court as proof of service. The filing fee for a divorce in Oregon is approximately $301 as of 2025 (ORS §21.135). Serving papers typically costs an additional $50 to $150. If you cannot afford filing fees, you may apply for a fee deferral or waiver. Once the respondent is served, they have 30 days to file a response. If the respondent does not respond, the petitioner may seek a default judgment. If both parties agree on all terms, they can submit a stipulated judgment for the court's approval without needing a hearing. If any issues are contested, the case will proceed through negotiation, mediation, or trial. If minor children are involved, parents will typically need to submit a parenting plan and may be required to complete parenting education courses. The divorce is finalized when the judge signs the Judgment of Dissolution of Marriage. For couples who qualify, Oregon also offers a summary dissolution process under ORS §107.485, which is a streamlined procedure available to spouses with no minor children, a marriage lasting 10 years or less, limited assets (personal property under $30,000) and debts (under $15,000), and who waive spousal support rights. All divorce cases in Oregon are handled by the Oregon Circuit Courts, which serve as the state's trial courts of general jurisdiction. There are 36 circuit courts in Oregon — one for each county — and they have exclusive original jurisdiction over dissolution of marriage, legal separation, annulment, child custody, child support, and related family law matters. You must file your petition in the circuit court of the county where either you or your spouse resides (ORS §107.086). Many Oregon circuit courts have dedicated family law departments or divisions that handle divorce and related cases. These courts may offer mediation services, settlement conferences, and other alternative dispute resolution options to help parties resolve their issues without going to trial. The Oregon Judicial Department provides standardized forms, instructions, and resources through its website to assist self-represented litigants. If either party disagrees with the circuit court's decision, they may appeal to the Oregon Court of Appeals, and further review may be sought from the Oregon Supreme Court on a discretionary basis. However, appeals in family law cases are relatively uncommon and must be based on errors of law rather than simple disagreements with the court's factual findings or exercise of discretion. Post-judgment modifications — such as changes to custody, parenting time, child support, or spousal support — are filed back in the original circuit court that issued the divorce judgment (ORS §107.135).

Oregon formerly imposed a mandatory 90-day waiting period under ORS §107.065, which required that no trial or hearing on the merits could be held until 90 days after service of the summons and petition on the respondent. However, this statute was repealed by the Oregon Legislature in 2011 (2011 c.114 §1). As a result, Oregon no longer has a statutory waiting period for divorce. This means that once the petition is properly filed and served, and if all issues are resolved, the court can finalize the divorce without waiting a specific number of days. In practice, an uncontested divorce where both spouses agree on all terms can potentially be finalized in a matter of weeks. If both spouses file together as co-petitioners with a stipulated judgment, the process can move quickly since formal service is not required. However, there are practical time constraints that affect how quickly a divorce can be completed. The respondent has 30 days after service to file a response. If the respondent does not respond within 30 days, the petitioner may seek a default judgment. Contested divorces — where the parties disagree on property division, custody, spousal support, or other issues — will take significantly longer due to discovery, negotiation, mediation, and potentially trial. Contested cases in Oregon commonly take 6 to 12 months or longer to resolve. Additionally, if there are minor children, parents may be required to complete parenting education courses, which can add time to the process.