Oregon Revised Statutes Chapter 107 - Dissolution and Annulment of Marriage

Oregon is a pure no-fault divorce state. The only ground for dissolution is 'irreconcilable differences' that have caused an irremediable breakdown of the marriage. Both spouses do not need to agree that the differences are irreconcilable — the court only needs to find that the breakdown reasonably appears irreconcilable to the petitioner.

Effective: 2024

Oregon has eliminated all fault-based grounds for divorce. Neither spouse's misconduct (adultery, cruelty, etc.) can be used as grounds for dissolution. The doctrine of 'in pari delicto' (equal fault) is also abolished, meaning a spouse cannot block a divorce by claiming the other spouse was equally at fault.

Effective: 2024

If the marriage was performed in Oregon, either spouse must be a resident of Oregon at the time of filing and must have lived in the state continuously for at least 6 months. If the marriage was performed outside Oregon, at least one spouse must have been a resident or domiciled in Oregon continuously for 6 months immediately before filing. Non-immigrant alien status does not prevent establishing Oregon domicile.

Effective: 2024

Oregon is an equitable distribution state. The court divides all real and personal property of either or both spouses as is 'just and proper in all the circumstances.' There is a rebuttable presumption that both parties contributed equally to acquiring property during the marriage, whether jointly or separately held. Homemaker contributions count as contributions to acquisition. The court must require full disclosure of all assets.

Effective: 2024

A retirement plan, pension, or any interest in one must be considered as property subject to division. This means 401(k)s, pensions, IRAs, and other retirement accounts accumulated during the marriage are part of the marital estate and can be divided by the court as part of the overall 'just and proper' distribution.

Effective: 2024

When arriving at a just and proper division of property, the court must consider reasonable costs of sale of assets, taxes, and any other costs reasonably anticipated by the parties. This prevents divisions that look equal on paper but are unfair after accounting for capital gains taxes or real estate commissions.

Effective: 2024

If an asset or liability was accidentally or intentionally omitted from the original divorce judgment, either party may file supplemental proceedings to divide that omitted property. This is the only way to reopen a property division, since property awards are otherwise final and not subject to modification.

Effective: 2024

The court determines custody based on the child's best interests, weighing these factors: (a) emotional ties between the child and family members; (b) each parent's interest in and attitude toward the child; (c) desirability of continuing existing relationships; (d) abuse by a parent (creates rebuttable presumption against custody); (e) preference for the primary caregiver if deemed fit; and (f) each parent's willingness to facilitate a close relationship with the other parent. No single factor may be isolated and relied upon exclusively.

Effective: 2024

The court may award joint custody only if both parents agree to the arrangement. If either parent objects, the court must award sole custody to one parent. Joint custody means both parents share rights and responsibilities for major decisions about the child's residence, education, health care, and religious training.

Effective: 2024

The court may develop a parenting plan considering only the child's best interests and the safety of the parties. The court may order equal parenting time, but if a parent requests equal time, the court may deny it with written findings explaining why equal time is not in the child's best interests or endangers the safety of the parties.

Effective: 2024

Neither parent may move to a residence more than 60 miles further from the other parent without giving reasonable notice to the other parent and filing a copy with the court. This relocation notice requirement is included in every custody order. The court may suspend this requirement for good cause, such as domestic violence safety concerns.

Effective: 2024

Once a custody or protective order is issued, both parents have a continuing responsibility to provide current addresses and contact phone numbers to the other parent. Both parents must also immediately notify the other of any emergency or substantial change in the child's health.

Effective: 2024

Oregon recognizes three types of spousal support: (1) transitional support to help a spouse get education or training to reenter the workforce; (2) compensatory support to repay a spouse's significant contribution to the other's education, training, or career; and (3) maintenance support to allow a spouse to maintain a standard of living similar to the marriage, typically after long-term marriages. The court must designate which category applies and make findings on the relevant factors.

Effective: 2024

For maintenance support, the court considers: duration of the marriage, ages of the parties, physical and mental health, standard of living during the marriage, relative income and earning capacity, training and employment skills, work experience, financial needs and resources of each party, tax consequences, custodial responsibilities, and any other just and equitable factors. There is no formula — judges have broad discretion.

Effective: 2024

Oregon uses the Income Shares Model for child support. Both parents' incomes are combined and referenced against a scale based on national child-rearing expenditure data, then each parent pays their proportional share. The calculation accounts for parenting time credits, child care costs, health insurance, and a self-support reserve. If combined adjusted income exceeds $30,000/month, the obligation caps at that level. The guideline amount is presumed just and appropriate but can be rebutted.

Effective: 2024

Either party may ask the court to modify spousal support, child support, or custody. Spousal support modification requires proof of a substantial, unanticipated change in economic circumstances. Custody modification requires a substantial change in circumstances plus a showing that the change serves the child's best interests. Property division is final and cannot be modified. Repeated denial of or interference with parenting time may qualify as a substantial change.

Effective: 2024

The court may order support or maintenance for a child who is over 18 but still attending school. This recognizes that a child's need for financial support may extend beyond the age of majority when pursuing education, and allows the court to include educational support provisions in the divorce judgment.

Effective: 2024

The petition to dissolve a marriage must include the full names and former names of both parties, residence and contact addresses, ages, date and place of marriage, and names and ages of children. Social Security numbers must be provided separately under ORS 107.840. If real property is involved, the petitioner may record a notice of pendency at the time of filing.

Effective: 2024

Upon filing, an automatic restraining order takes effect prohibiting both spouses from changing insurance policies, making extraordinary expenditures, or dissipating marital assets. This order must be attached to the summons served on the respondent. The restraining order protects both parties' financial interests during the divorce process.

Effective: 2024

Both parties must exchange financial documents within 30 days of service, including the last 3 years of tax returns, pay stubs, debt statements, and asset records. This early financial disclosure requirement ensures both parties have access to the financial information needed for property division and support decisions.

Effective: 2024

Oregon offers a simplified dissolution process when ALL conditions are met: irreconcilable differences, 6-month residency, no minor children and no pregnancy, marriage of 10 years or less, neither spouse owns real estate, unpaid debts under $15,000, personal property under $30,000, both waive spousal support, and no other pending domestic relations suits. If any condition is not met, the standard process applies.

Effective: 2024

Courts must provide mediation orientation sessions for all parties in cases where custody, parenting time, or visitation is disputed. Parties must attend the orientation before any judicial determination, except in emergency or temporary orders. A party may decline mediation after being informed of its advantages and disadvantages. Mediation is prohibited in domestic violence, stalking, and family abuse prevention proceedings.

Effective: 2024

Oregon has no mandatory waiting period for divorce. The dissolution is final as soon as the judge signs the judgment. Uncontested cases with complete paperwork can finalize in as little as 4–8 weeks. Contested cases typically take 9–15 months depending on complexity and court schedules.

Effective: 2024

Any person who has been the victim of abuse within the last 180 days and is in imminent danger of further abuse may petition for a restraining order. The court holds an ex parte hearing the same day or next judicial day. Orders can include prohibiting contact, granting temporary custody, and requiring the abuser to leave the residence. No filing fees are charged. FAPA applies to family members, household members, former household members, and people in sexual relationships.

Effective: 2024

Oregon provides special protections for deployed military parents. A deployed parent may request expedited hearings and provide testimony by alternate means when unable to appear in person. Temporary custody orders can be entered during deployment without constituting a permanent change. If the other parent is in active military service and has not responded, the court must comply with additional procedural requirements before proceeding.

Effective: 2024

Oregon adopted the Uniform Premarital Agreement Act. Prenuptial agreements must be in writing and signed by both parties but do not require witnesses. An agreement is unenforceable if a party proves they did not sign voluntarily, or if the agreement was unconscionable when signed and the other party failed to provide fair financial disclosure. Child support cannot be waived. If eliminating spousal support would make a party eligible for public assistance, the court may override that provision.

Effective: 2024

As part of the divorce judgment, the court may order the restoration of a former name for either party. This eliminates the need for a separate name change petition, allowing a spouse to resume a maiden name or prior married name through the dissolution process itself.

Effective: 2024

If a parent has committed abuse as defined by FAPA (ORS 107.705), there is a rebuttable presumption that awarding sole or joint custody to that parent is not in the child's best interests. The abusive parent can overcome this presumption by demonstrating genuine remorse and satisfactory completion of intervention programs. The court may not consider a parent's willingness to facilitate the other parent's relationship if that parent has been sexually assaulted or subjected to a pattern of abuse.

Effective: 2024