Divorce Resources in Oregon

To file for divorce in Oregon, you must file a Petition for Dissolution of Marriage with the circuit court in the county where you or your spouse resides. Oregon requires that at least one spouse has been a resident of the state for six continuous months before filing, or that the marriage was performed in Oregon, under ORS 107.075. Oregon is a no-fault divorce state, meaning the only ground required is irreconcilable differences that have caused the irremediable breakdown of the marriage under ORS 107.025. You must complete the petition, a summons, confidential information form, record of dissolution, and the certificate of service. The filing fee is $287 under ORS 21.155, payable to the circuit court clerk at the time of filing.

After filing the petition, you must serve the respondent with copies of the petition and summons. Service may be accomplished through personal service by a sheriff or private process server, or the respondent may sign an Acceptance of Service form. The respondent has 30 days from the date of service to file a written response with the court. If the respondent does not file a response within 30 days, you may file an Ex Parte Motion for Order of Default under ORCP 69. If children under age 18 are involved, you must also file a Certificate Regarding Pending Child Support Proceedings, a UCCJEA declaration listing where the children have lived for the past five years, and a DCBS Notice regarding insurance under ORS 107.092.

Oregon requires mandatory financial disclosure in all dissolution cases. Under ORS 107.089, both parties must exchange financial documents within 30 days of service, including three years of tax returns, income records, financial statements, real property documents, debt records, vehicle titles, investment records, retirement plan statements, and bank account records. A Statement of Assets and Liabilities form must also be completed. If children are involved, both parties must attend a court-approved parent education class under ORS 3.425 and file the certificate of completion before the court will enter a final judgment. Cases involving disputed custody or parenting time require a mediation orientation session under ORS 107.755.

Oregon requires both parents to complete a court-approved parent education class in any dissolution, legal separation, or custody proceeding involving children under age 18. Under ORS 3.425, each circuit court's family court department may establish an education program covering the emotional impact of divorce on children at different developmental stages, parenting during and after dissolution, custody and parenting time plans, the effects of parental conduct on children, and mediation and conflict resolution. The class typically lasts four hours and must be completed before the court will sign a final judgment. A certificate of completion must be filed with the court. Program providers may charge a reasonable fee but may not exclude anyone from attending due to inability to pay if the court has found the person indigent. Each county determines which providers are approved, and not all counties accept online classes — check with your local circuit court for approved providers.

Oregon law requires circuit courts to provide mediation services and mandate attendance at a mediation orientation session in all cases where child custody, parenting time, or visitation is in dispute. Under ORS 107.755, parties must attend a mediation orientation session prior to any judicial determination of custody or parenting time issues, except in cases involving family abuse prevention orders under ORS 107.700 to ORS 107.735 or upon a finding of good cause. The orientation session is designed to inform parties about what mediation is, the mediation options available, and the advantages and disadvantages of each method of dispute resolution. The Oregon legislature funds mediation for all parties in custody or parenting time disputes. Parties may also choose to use private mediation at their own expense. Mediation is not provided in protective order proceedings. All mediation programs must implement screening and ongoing evaluation for domestic violence issues and allow any party to opt out. Courts may also provide mediation of financial issues using mediators who meet minimum education and experience qualifications under rules adopted under ORS 1.002.

Oregon mandates comprehensive financial disclosure in all dissolution of marriage and legal separation proceedings under ORS 107.089. When the petition is filed, the court clerk furnishes the petitioner with a copy of the statute's requirements. If the petitioner serves a copy of ORS 107.089 on the respondent, both parties must exchange the following financial documents within 30 days: all federal and state income tax returns for the last three calendar years; W-2 statements and records of all income earned or received; all financial statements, net worth statements, and credit applications from the last two years; deeds, real estate contracts, appraisals, and assessed value statements for all real property; documentation of all debts including loan and credit card balances; certificates of title for all vehicles and boats; records of stocks, bonds, mutual funds, and other investments; the most recent statements for retirement plans, IRAs, pension plans, profit-sharing plans, stock option plans, and deferred compensation plans; and all bank and brokerage account records for the past year. Failure to comply may result in a motion to compel under ORCP 46, with sanctions including attorney fees or default judgment. These requirements represent the minimum disclosure — additional discovery may be conducted under the Oregon Rules of Civil Procedure.