Oregon's approach to dissolution of marriage combines straightforward no-fault divorce principles with equitable distribution of property, comprehensive parenting plans, and flexible spousal support arrangements. This guide explains the legal framework governing divorce in Oregon, the court process from filing through finalization, and the key decisions you'll need to make regarding property division, child custody, and financial support.
Fundamental Principles of Oregon Divorce Law
Oregon divorce law operates under several core principles that distinguish it from other states and shape how marriages are dissolved. Understanding these foundational concepts helps you navigate the process more effectively and set realistic expectations for outcomes.
No-Fault Divorce System
Oregon adopted no-fault divorce decades ago, making it unnecessary to prove that your spouse did something wrong to obtain a dissolution of marriage. The only ground required for divorce is "irreconcilable differences that have caused the irremediable breakdown of the marriage." This legal phrase simply means you and your spouse cannot resolve your problems and the marriage cannot be saved.
The no-fault system eliminates the need to prove adultery, cruelty, abandonment, or any other wrongdoing. Either spouse can request a divorce without the other's permission or agreement. Your spouse cannot stop the divorce from happening simply by refusing to cooperate or by contesting that irreconcilable differences exist.
This doesn't mean fault is entirely irrelevant in Oregon divorce proceedings. While fault won't affect whether you can obtain a divorce, evidence of domestic violence, abuse, or extreme misconduct may influence custody decisions when children are involved. The court considers abuse when determining what custody arrangements serve the children's best interests.
Equitable Distribution Standard
Oregon follows the equitable distribution model for dividing marital property and debts rather than the community property approach used in neighboring California and Washington. Under equitable distribution, the court divides assets and liabilities in a manner deemed "just and proper" rather than automatically splitting everything 50/50.
The "just and proper" standard gives Oregon judges considerable discretion when dividing property. Courts presume that both spouses contributed equally to all property acquired during the marriage, regardless of whose name appears on titles or who earned the money to purchase assets. This presumption of equal contribution typically results in relatively equal property division, but judges can deviate from equal splits when fairness requires a different approach.
Factors influencing property division include the length of marriage, each spouse's contribution to acquiring assets, each party's economic circumstances at the time of divorce, and the needs of any children. The court also considers whether one spouse dissipated marital assets through wasteful spending or hiding property.
Residency Requirements for Filing
Before filing for divorce in Oregon, you must satisfy specific residency requirements that establish the state's jurisdiction over your case.
Standard Residency Rule
If you were not married in Oregon, either you or your spouse must have continuously lived in Oregon for at least six months immediately before filing the divorce papers. The six-month period must be complete before filing, not before the divorce becomes final.
Exception for Oregon Marriages
If you were married in Oregon, either you or your spouse need only be an Oregon resident at the time of filing, regardless of how recently you moved to or returned to the state. The six-month waiting period doesn't apply when the marriage occurred in Oregon.
You can file for divorce in the circuit court of the county where either you or your spouse currently resides. This gives you some flexibility in choosing your filing location, which may matter if different counties have varying local rules or processing times.
Starting the Divorce Process
Every Oregon divorce begins with one party filing specific court forms with the appropriate county circuit court. Understanding the filing process and initial paperwork requirements helps ensure your case starts correctly.
Required Initial Forms
The petitioner (the person starting the divorce) must file several documents:
Petition for Dissolution of Marriage
This primary document identifies both spouses, states the grounds for divorce (irreconcilable differences), indicates whether children are involved, and specifies what you're asking the court to order regarding custody, support, and property division.
Summons for Family Law Cases
This document notifies your spouse of the divorce filing and explains their rights and obligations, including the deadline to respond and the statutory restraining order that takes effect immediately upon filing.
Confidential Information Form (CIF)
Both spouses must complete separate CIF forms providing contact information, Social Security numbers, and other personal details. This information remains confidential and doesn't become part of the public court record. You must also file a Notice of CIF Filing.
Record of Dissolution of Marriage
This form collects statistical data about marriage and divorce for state vital records purposes.
Filing Fee and Fee Waivers
The filing fee for dissolution of marriage in Oregon is currently $301, though this amount changes periodically. The respondent (the spouse being served with divorce papers) must also pay $301 when filing a response, making the total court filing costs $602 if the divorce is contested.
If you cannot afford to pay the filing fee, you can request that the court waive or defer these costs by completing an Application for Deferral or Waiver of Fees and Declaration in Support. This form requires detailed information about your income, expenses, assets, and debts. A judge reviews your application and decides whether to waive the fee entirely, allow deferred payment, or require full payment. The fee waiver option ensures that financial constraints don't prevent access to divorce proceedings.
Statutory Restraining Order
When you file a petition for dissolution, an automatic statutory restraining order immediately takes effect for both spouses. This order prohibits both parties from:
- Transferring, selling, or disposing of any real estate, vehicles, or other significant assets without written permission from the other spouse or court authorization
- Canceling, modifying, or allowing to lapse any insurance policies including health, life, auto, or homeowner's insurance
- Changing beneficiaries on life insurance policies or retirement accounts
- Making extraordinary expenditures without providing written notice and accounting to the other spouse
This statutory restraining order protects marital assets during the divorce process and prevents one spouse from dissipating property before the court divides it. Violating this order can result in contempt sanctions including fines, requirement to pay the other spouse's attorney fees, or adverse property division.
Service of Process Requirements
After filing your divorce papers, you must provide your spouse with copies of all filed documents through a process called "service of process." The court will not proceed with your case until you prove your spouse received proper notice.
Methods of Service
Oregon law recognizes several acceptable service methods:
Acceptance of Service
The simplest and least expensive method involves giving your spouse copies of the divorce papers and asking them to sign an Acceptance of Service form. If your spouse cooperates by signing this form, no formal service is necessary. This voluntary method works well for amicable divorces where both parties agree on most issues.
Personal Service by Third Party
An adult who is not involved in the case and is an Oregon resident can personally hand the divorce papers to your spouse. This server must be at least 18 years old and cannot be you. After completing service, the server must complete a Certificate of Service describing when, where, and how they served your spouse. Professional process servers and county sheriffs commonly provide this service for fees ranging from $40 to $150.
Service by Mail
In some circumstances, you may serve your spouse by certified mail with return receipt requested, though this method requires court approval and is less commonly used than personal service.
Service by Publication
If you cannot locate your spouse despite reasonable efforts, you may ask the court for permission to serve by publishing notice in a newspaper. This method requires proof of diligent attempts to locate your spouse and is expensive, as newspapers charge substantial fees for publishing legal notices for the required four consecutive weeks.
You cannot serve divorce papers yourself. Service must be completed by someone else to ensure proper legal notice.
Response Deadline and Default
After being served with divorce papers, your spouse has 30 days to file a response with the court. The response indicates which aspects of your petition your spouse agrees with and which they dispute.
If your spouse doesn't file a response within 30 days, you can request a default judgment. A default doesn't happen automatically, you must prepare additional paperwork including an Ex Parte Motion for Order of Default and Declaration in Support, Order on Motion for Default, and General Judgment of Dissolution of Marriage. The court then grants the divorce on the terms you requested in your original petition since your spouse chose not to contest.
Property Division Under Oregon Divorce Law
How the court divides your property and debts significantly impacts your financial future after divorce. Oregon's equitable distribution system provides flexibility but also some uncertainty compared to community property states.
Marital vs. Separate Property
Oregon divorce law distinguishes between marital property subject to division and separate property that typically remains with the original owner.
Marital Property includes anything either spouse acquired during the marriage regardless of whose name appears on the title, deed, or account. This encompasses:
- Real estate purchased during marriage
- Vehicles, furniture, and personal belongings
- Bank accounts and investment accounts
- Retirement accounts, pensions, and 401(k) plans
- Business interests acquired or increased in value during marriage
- Stock options and deferred compensation
The court presumes both spouses contributed equally to acquiring all marital property, even if only one spouse earned income while the other managed the household and cared for children.
Separate Property generally includes:
- Property owned before the marriage
- Gifts received by one spouse from someone other than their spouse
- Inheritances received by one spouse
- Personal injury settlements for one spouse's injuries
However, separate property can become marital property through commingling (mixing with marital funds) or if marital efforts increased its value. For example, if you owned a house before marriage but both spouses paid the mortgage and made improvements during marriage, the increase in value may be considered marital property subject to division.
Division Process
Spouses can agree on how to divide their property and debts by creating a marital settlement agreement that details who receives which assets and who pays which debts. If both parties agree, they submit this agreement to the court for approval. Judges generally approve negotiated settlements unless they appear grossly unfair or don't adequately address child support obligations.
If spouses cannot agree on property division, the court decides through a process called a trial. At trial, each party presents evidence about assets, debts, and their contributions to the marriage. The judge then divides property according to what seems just and proper under the circumstances.
Oregon courts can award one spouse's separate property to the other spouse if doing so is necessary for a just and proper division. This authority is rarely exercised but provides flexibility in cases where fairness requires it.
Special Considerations for Retirement Accounts
Retirement accounts including 401(k)s, IRAs, pensions, and deferred compensation plans are marital property subject to division if contributions were made or value accrued during the marriage. Dividing these accounts requires special procedures to avoid tax penalties.
For most retirement accounts, after the court orders division, you must prepare a Qualified Domestic Relations Order (QDRO) and submit it to the court for approval. The QDRO is a specialized legal document that instructs the retirement plan administrator to split the account according to the divorce judgment without triggering early withdrawal penalties or immediate tax consequences.
QDROs are complex documents requiring specific language that varies by retirement plan. Many divorce attorneys refer QDRO preparation to specialists to ensure compliance with both court orders and plan requirements. Mistakes in QDRO drafting can result in unexpected tax liabilities or inability to access retirement funds as intended.
Debt Division in Oregon Divorces
Just as the court divides assets, it also allocates responsibility for debts incurred during the marriage.
Marital Debts include all obligations either spouse incurred during the marriage:
- Credit card balances
- Auto loans
- Personal loans
- Mortgages
- Medical bills
- Student loans (if incurred during marriage)
Like property, marital debts are divided equitably regardless of whose name appears on the account or who incurred the charges. The court presumes both spouses benefited from debts taken on during the marriage.
Non-Marital Debts are obligations one spouse had before marriage or new debts incurred after permanent separation. These debts typically remain the responsibility of the spouse who incurred them, though the court has authority to allocate them differently if fairness requires.
An important limitation: while the court can order one spouse to pay certain debts, this order only binds the spouses, not creditors. If both names appear on a credit card or loan, the creditor can still pursue either or both spouses for payment regardless of what the divorce judgment says. This makes it important to refinance or close joint accounts when possible as part of the divorce settlement.
Child Custody and Parenting Time
When divorcing parents have minor children, the court must address legal custody (decision-making authority) and parenting time (the schedule of when children stay with each parent).
Legal Custody Determinations
Legal custody refers to the authority to make major decisions about children's welfare including:
- Non-emergency medical and dental care
- Educational decisions including school choice and special education services
- Religious training and participation
Oregon recognizes two custody arrangements:
Sole Custody
One parent has exclusive authority to make major decisions for the children. The non-custodial parent typically retains parenting time and the right to information about the children, but the custodial parent makes final decisions.
Joint Custody
Both parents share decision-making authority and must consult with each other before making major decisions affecting the children. Joint custody requires cooperation and effective communication between parents.
Critically, Oregon courts cannot order joint custody over a parent's objection. Joint custody must be voluntary. If one parent opposes joint custody, the court must award sole custody to one parent. This means if you don't agree to share decision-making authority, you'll have a custody case where the judge decides which parent gets sole custody.
Factors for Custody Decisions
When determining which parent should have sole custody, Oregon divorce law directs courts to consider:
- The emotional ties between the child and other family members
- Each parent's interest in and attitude toward the child
- The desirability of continuing existing relationships
- Any history of domestic violence or abuse between the parents
- Preference for the primary caregiver if that parent is fit
- Each parent's willingness and ability to encourage a close relationship between the child and the other parent
Courts cannot favor one parent solely because they are the mother or father, have more money, or own a larger home. The decision must be based on what arrangement serves the children's best interests.
The last factor, willingness to facilitate the other parent's relationship with the children, is particularly important. A parent who attempts to alienate the children from the other parent or interferes with parenting time typically faces unfavorable custody decisions.
Parenting Time Schedules
Oregon gives parents flexibility to create parenting time schedules that work for their families. Common schedules include:
- Week on/week off alternating
- 60/40 split with children spending weekdays with one parent and weekends with the other
- 3-4-4-3 pattern where children alternate between three-day and four-day blocks with each parent
- Every other weekend plus a mid-week overnight
- Various holiday and summer vacation rotations
Parents can agree on any schedule that serves their children's needs. If parents cannot agree, the court creates a schedule at trial based on each parent's proposal and testimony about what arrangement best serves the children.
Parenting Plans
All Oregon custody orders must include a parenting plan, a written document detailing how parents will share responsibilities and make decisions affecting their children. Parenting plans address:
- The specific parenting time schedule including regular weekly schedules, holidays, school breaks, and summer vacations
- How parents will make decisions (joint custody vs. sole custody)
- How parents will exchange the children
- How parents will communicate about the children
- How parents will handle disputes
- How the plan can be modified
Oregon provides parenting plan templates that parents can customize. Courts strongly prefer that parents develop their own detailed parenting plans rather than asking judges to create plans for them. When parents must ask for a court-ordered plan, each can propose their preferred plan and the judge will select one, combine elements of both, or create an entirely different plan.
Child Support Under Oregon Divorce Law
Oregon uses a standardized guideline for calculating child support that ensures consistency across cases while accounting for individual circumstances.
Child Support Calculation
The Oregon Department of Justice provides a child support calculator that determines the presumptively correct support amount based on:
- Each parent's gross monthly income from all sources
- The number of overnights each parent has annually with the children
- Health insurance costs for the children
- Childcare expenses necessary for employment or education
- Child support obligations either parent has for children from other relationships
- Any spousal support being paid
The calculator produces a monthly support amount that the non-custodial parent (or the parent with less parenting time) typically pays to the other parent. This calculation applies regardless of custody arrangements, support is based primarily on income disparity and parenting time percentage.
Duration and Modification
Child support typically continues until the child turns 18 or graduates from high school, whichever occurs later, but no later than age 19. Support can be extended for children with disabilities requiring ongoing care.
Either parent can request modification of child support if circumstances substantially change, such as significant income changes, changes in parenting time, or changes in the child's needs. The court can modify support prospectively from the date of filing a modification motion but generally cannot modify support retroactively.
Spousal Support (Alimony) in Oregon
Oregon divorce law recognizes three types of spousal support, each serving different purposes and governed by different factors.
Temporary Orders During Divorce
Oregon divorce cases can take months or even years to resolve. During this time, spouses often need court guidance about immediate issues like who lives in the family home, how bills get paid, and what happens with the children.
Temporary orders are court decisions made while the divorce is pending that establish rules for both spouses to follow until the final judgment. Temporary orders can address:
- Temporary custody and parenting time
- Temporary child support
- Temporary spousal support
- Exclusive use of the family home or vehicles
- Payment of specific bills and expenses
- Restraining orders prohibiting contact or harassment
Either spouse can request temporary orders by filing appropriate motions with the court. In urgent situations involving domestic violence or child safety, courts can issue emergency temporary orders very quickly, sometimes even the same day.
Temporary orders remain in effect until the divorce is final, at which point they're replaced by the permanent orders in the general judgment. Temporary orders don't necessarily predict what the final orders will be, as courts have more limited information when making temporary decisions.
Mediation Requirements
Many Oregon counties require divorcing couples to attempt mediation before proceeding to trial, particularly when disputes involve children.
Mediation is a process where both spouses meet with a neutral third party (the mediator) who facilitates negotiation toward settlement. The mediator doesn't make decisions or represent either party but helps spouses communicate effectively and explore potential compromises.
All Oregon counties provide free mediation services for custody and parenting time disputes. Some counties, including Multnomah County, also require mediation for financial issues including property division and support.
Advantages of mediation include:
- Lower costs compared to trial
- Faster resolution
- More control over outcomes
- Reduced conflict
- Confidential process
- Creative solutions courts cannot order
If mediation produces an agreement, the mediator typically prepares a written summary that becomes part of your divorce settlement. If mediation fails to resolve all issues, the unresolved matters proceed to court for decision.
Parent Education Classes
Every Oregon county requires both parents in divorcing families with minor children to complete a parent education class early in the divorce process. The court will not finalize your divorce until both parents complete the class and file certificates of completion.
These classes typically last four hours and cover topics including:
- How children experience and are affected by divorce
- Age-appropriate expectations for children's reactions
- Effective co-parenting strategies
- Communication techniques for separated parents
- How to minimize conflict around children
- Supporting children's relationships with both parents
Class costs vary by county, typically ranging from $50 to $100 per person. Some counties offer classes in Spanish and other languages. Many counties provide online class options in addition to in-person sessions.
Oregon divorce law provides a comprehensive framework for ending marriages while addressing property division, child custody, and ongoing support obligations. The no-fault divorce system makes dissolution accessible without requiring proof of wrongdoing, while equitable distribution principles aim for fair outcomes tailored to individual circumstances.
The court process from filing through final judgment involves multiple steps, potential temporary orders, mandatory parent education classes, and often mediation to encourage settlement. While many people successfully represent themselves in straightforward cases, complex situations involving substantial assets, retirement accounts, contested custody, or domestic violence typically benefit from professional legal representation.
By approaching your divorce with accurate information about Oregon divorce law, realistic expectations about timelines and costs, and willingness to negotiate in good faith when appropriate, you can work toward dissolution that protects your interests while minimizing conflict and expense.