Divorce Checklist for Oregon

Oregon imposes a two-tier residency requirement for filing a dissolution of marriage under ORS 107.075. If your marriage was solemnized in Oregon, either spouse must be a current resident or domiciled in the state at the time of filing — no minimum duration is required. If your marriage took place outside Oregon, at least one spouse must have been a resident of or domiciled in Oregon continuously for 6 months before filing. Residency can be established through a valid Oregon driver's license, voter registration, utility bills, a lease or mortgage in your name, or state tax returns showing an Oregon address. Non-immigrant alien status does not prevent establishing domicile in Oregon for dissolution purposes. You must file in the circuit court of the county where either spouse resides under ORS 107.086. Confirm your residency documentation before proceeding to avoid a jurisdictional challenge that could delay or dismiss your case entirely.

Oregon offers a simplified summary dissolution process under ORS 107.485 that requires less paperwork and no hearing. To qualify, all of the following conditions must be met: your marriage lasted 10 years or less, neither spouse owns real property, total personal property for each party is valued under $30,000 (excluding debts), combined unpaid debts are under $15,000, there are no minor children born to or adopted by the parties, neither spouse is pregnant, both spouses waive spousal support, and no other pending divorce or separation cases exist. If you meet every condition, you may file using the simplified Petition for Summary Dissolution form prescribed by the State Court Administrator under ORS 107.500. If you fail to meet even one condition — such as having a minor child or owning a home — you must use the standard dissolution process. Evaluating your eligibility now saves significant time and filing costs.

Oregon requires mandatory financial disclosure under ORS 107.089 within 30 days of service. Gathering documents before filing accelerates this process and prevents delays. You will need your certified marriage certificate from the county clerk or Oregon Vital Records, Social Security numbers and dates of birth for both spouses and all children, and comprehensive financial records. Required financial documents include 3 years of federal and state tax returns, current-year income records (W-2s, 1099s, pay stubs), 2 years of financial statements and credit applications, all real property deeds and appraisals, current debt statements for every loan and credit card, vehicle titles and registration documents, retirement account statements (401(k), IRA, pension, stock options), and 1 year of bank and brokerage account statements. Having these documents organized before filing ensures you can meet the 30-day disclosure deadline without requesting extensions from the court.

Under ORS 107.102, any Oregon dissolution proceeding involving children requires a parenting plan to be filed with the court and included in the final judgment. Oregon's parenting policy under ORS 107.101 encourages parents to develop their own plan, with mediation or legal assistance if needed. The plan must address physical custody schedules, decision-making authority for education, healthcare, and religious upbringing, holiday and vacation schedules, transportation arrangements, and communication methods between households. Plans may be general or detailed under ORS 107.102. Additionally, most Oregon counties require both parents to complete a parent education class before the court will sign the final judgment. Contact your local circuit court to identify the approved parent education program for your county, as requirements vary. The Oregon Judicial Department maintains a list of approved programs at courts.oregon.gov. Begin researching programs early because classes may have waitlists, and both parents must file proof of completion before judgment entry.

The filing fee for an Oregon dissolution petition is $301 under ORS 21.155, payable to the circuit court clerk at the time of filing. If you cannot afford this fee, Oregon allows you to apply for a fee deferral or waiver under ORS 21.680 through 21.698. You must complete the Fee Deferral or Waiver Application and Declaration form, available at courts.oregon.gov/forms/Pages/fee-waiver.aspx, which requires disclosure of your monthly income, expenses, assets, and public assistance enrollment. Eligibility is income-based, and the court reviews your application to determine whether paying the fee would cause financial hardship. A deferral means you pay later when able; a waiver means the fee is forgiven entirely. Submit the application with your petition — do not wait until after filing. If your application is denied, the court will set a deadline for you to pay the full $301 fee. Low-income individuals may also contact Legal Aid Services of Oregon at 1-800-228-6958 or the Oregon Law Center at 541-484-0555 for free legal assistance.

The Petition for Dissolution is the foundational document that initiates your Oregon divorce under ORS 107.085. Download the appropriate OJD Official petition packet from courts.oregon.gov/programs/family/forms/pages/divorce.aspx based on your situation: Dissolution Petitioner Packet (No Children) or Dissolution Petitioner Packet (With Children). If both spouses agree on all terms, use the Co-Petition for Dissolution packet instead. The petition must state both spouses' names, dates of birth, the date and place of marriage, grounds for dissolution (irreconcilable differences under ORS 107.025 — Oregon's sole no-fault ground), and an acknowledgment that you are bound by the automatic restraining order under ORS 107.093. If you have children, the petition expands to 12 pages and must include each child's name, date of birth, current residence, and a proposed parenting plan under ORS 107.102. The petition must also include a Certificate re: Pending Child Support Proceedings if children are involved.

Oregon requires a Summons – Family Law Case to accompany your petition, notifying your spouse that they have 30 days to file a response under ORCP 7(C)(2). Download the Summons form from the OJD dissolution packet. The summons must include notice of the automatic restraining order under ORS 107.093, which prohibits both spouses from transferring or concealing assets, canceling insurance policies, or changing beneficiaries until the case concludes. You must also prepare the Record of Dissolution of Marriage — a vital statistics form required by Oregon law that the court clerk submits to the Oregon Center for Health Statistics. If filing with children, additional required documents include the DCBS Notice re: Insurance under ORS 107.092 and the Certificate of Mailing to Division of Child Support under ORS 107.087. Assemble all documents in the order specified by the packet instructions before visiting the courthouse. Incomplete filings will be rejected by the clerk.

File your completed petition, summons, CIF, and all supporting documents with the circuit court clerk in the county where either spouse resides under ORS 107.086. The filing fee is $301 under ORS 21.155, payable by cash, check, or money order at most courthouses. Some counties accept credit cards. If you filed a Fee Deferral or Waiver Application, submit it simultaneously with your petition. The clerk will assign a case number, stamp all documents, and provide you with conformed copies. The clerk is also required under ORS 107.088 to furnish you with a copy of ORS 107.089, which outlines the mandatory financial disclosure requirements you must serve on your spouse. For co-petition filings where both spouses agree on all terms, only one filing fee of $301 is required. Keep your case number in a safe place — you will need it for every subsequent filing and court appearance. The filing date establishes the court's jurisdiction and triggers the automatic restraining order against you under ORS 107.093.

After filing, you must formally serve your spouse with the summons, petition, and a copy of ORS 107.093 (the automatic restraining order notice) as required by ORCP 7. Service must be made by any person over 18 who is not a party to the case — typically a professional process server or county sheriff. You cannot serve the papers yourself. Service may be accomplished by personal delivery anywhere in or outside Oregon. Alternative methods include service by mail with a return receipt or, if your spouse's location is unknown, service by publication in a newspaper for 4 consecutive weeks under ORCP 7(D)(6). If your spouse is willing, they may sign an Acceptance of Service form included in the OJD packet, which eliminates the need for formal process service. Once service is complete, file the proof of service document — either the Acceptance of Service or an Affidavit of Service — with the court clerk. If your spouse is in the military, they must be personally served and may request a postponement under the Servicemembers Civil Relief Act.

Under ORCP 7(C)(2), your spouse has exactly 30 days from the date of service to file a written Response to the Petition for Dissolution with the circuit court. The response fee is $301 under ORS 21.155. If your spouse files a response contesting any issues, the divorce becomes contested and proceeds to discovery, possible mediation, and potentially a trial. If your spouse does not respond within 30 days, you may file a Motion for Order of Default, asking the court to proceed without their participation under ORS 107.095(4). Before filing for default, if the respondent filed an intent to appear, you must provide 10 days' written notice. Once default is entered, you can submit a Declaration in Support of Judgment and request the court enter judgment based on your petition without a hearing. During this 30-day period, the automatic restraining order under ORS 107.093 remains in effect, prohibiting both parties from disposing of assets, canceling insurance, or changing beneficiaries.

Oregon requires both parties to exchange comprehensive financial documents within 30 days of serving a copy of ORS 107.089 on the other party. The clerk provides this statute to the petitioner at the time of filing under ORS 107.088. Either party may then serve a copy on the other to trigger the 30-day disclosure deadline. Required disclosures include: 3 years of federal and state tax returns, current-year income documentation (W-2s, pay stubs), 2 years of financial statements and credit applications, all real property deeds and appraisals, current debt statements for every obligation, vehicle titles and registrations with VIN numbers, investment account statements (stocks, bonds, mutual funds), retirement plan statements (401(k), IRA, pension, stock options, deferred compensation), and 1 year of bank and brokerage records for all accounts. If a support hearing is scheduled fewer than 30 days after service, the deadline shortens to 3 judicial days before the hearing. Non-compliance may result in a motion to compel under ORCP 46 with sanctions including attorney fee awards.

Under ORS 107.755, Oregon circuit courts must provide a mediation orientation session for all parties in cases where child custody, parenting time, or visitation is disputed. Except in cases involving temporary protective orders under ORS 107.097 and 107.138, or upon a finding of good cause, both parties are required to attend this orientation before any judicial determination of custody issues. The orientation explains the advantages and disadvantages of mediation versus litigation, covers the mediation process, and provides information about developing parenting plans under ORS 107.102. If the parties agree, the court may refer the case to mediation under ORS 107.765 to resolve custody and parenting time disputes without trial. Mediators cannot make binding decisions — they facilitate agreement. If mediation fails, the case proceeds to a judicial hearing. Courts may waive the mediation orientation requirement in cases involving domestic violence or other safety concerns. Contact your county court's ADR program for scheduling information at courts.oregon.gov/programs/adr/pages/mediation.aspx.

Most Oregon counties require both parents to complete a court-approved parent education class before a judge will sign the General Judgment of Dissolution under ORS 107.105. The requirement stems from ORS 3.425, which authorizes circuit courts to establish family law education programs covering topics including the effects of divorce on children, shared parenting, conflict resolution, and age-appropriate communication strategies. Each county maintains its own list of approved programs — contact your local circuit court or visit the Oregon Judicial Department's parent education page at courts.oregon.gov/programs/family/children/pages/parent-education.aspx to find an approved class. Classes are typically available in-person or online and range from 4 to 8 hours in length. Costs vary by provider but generally range from $30 to $75 per parent. Both parents must file their certificates of completion with the court clerk before the judge will enter the final judgment. Some counties waive this requirement when the youngest child is 17 or older.

If your spouse filed a response contesting any issues, you must resolve disputes through negotiation, mediation, or trial. Oregon is an equitable distribution state — property is divided fairly (not necessarily equally) based on factors including each spouse's contribution, length of marriage, and economic circumstances under ORS 107.105(1)(f). Spousal support (maintenance) is governed by ORS 107.105(1)(d) and may be transitional, compensatory, or spousal maintenance depending on the circumstances. Child support follows Oregon's child support guidelines under ORS 25.275. Parties may negotiate a settlement agreement (stipulated judgment) at any time, which both spouses sign and submit to the court. If you cannot reach agreement, the court will schedule a trial. Before trial, parties may file temporary motions under ORS 107.095 for interim relief including temporary custody, child support, spousal support, exclusive use of the family home, and restraining orders against harassment. Trial dates vary by county — expect 9 to 15 months from filing in contested cases.

The final step is submitting the General Judgment of Dissolution of Marriage to the court for the judge's signature under ORS 107.105. For uncontested cases where the respondent defaulted or waived appearance, submit the Declaration in Support of Judgment (OJD Official form) along with the proposed General Judgment under ORS 107.095(4) — the court may enter judgment based on the declaration without a hearing. For stipulated (agreed) cases, both parties sign the General Judgment and submit it with a Notice of Proposed Judgment or Order (UTCR 5.100). The respondent has 10 days to object after receiving the notice. If children are involved, the judgment must include the completed parenting plan under ORS 107.102, child support calculations, and both parents' certificates from the mandatory parent education class. The judgment must also address property division, spousal support (if any), debt allocation, and name restoration (if requested). Once the judge signs the General Judgment, your marriage is legally dissolved — Oregon has no additional waiting period after judgment entry under ORS 107.115(2).