Oregon Filing for Divorce

When a marriage reaches its end, understanding the process of filing for divorce in Oregon can help you navigate this challenging time with confidence. Whether you're contemplating an uncontested divorce where you and your spouse agree on all terms, or facing a contested situation requiring court intervention, knowing the requirements, procedures, and options available under Oregon law is essential for protecting your rights and moving forward with your life.

Oregon Divorce Basics

Oregon operates as a no-fault divorce state, meaning you don't need to prove wrongdoing by your spouse to obtain a dissolution of marriage. The legal basis for divorce in Oregon is "irreconcilable differences" that have caused the marital breakdown with no reasonable prospect of reconciliation. This approach streamlines the divorce process and reduces conflict by eliminating the need to assign blame.

Residency Requirements for Filing

Before you can file for divorce in Oregon, you must meet specific residency requirements. Generally, either you or your spouse must have lived in Oregon for at least six continuous months before filing your divorce papers. The only exception to this rule applies when you were married in Oregon and are claiming either inability to consent to the marriage or that your consent was obtained through fraud, in these limited circumstances, you need only be an Oregon resident at the time of filing.

You can file your forms at the circuit court in the county where either you or your spouse lives, giving you some flexibility in choosing your filing location.

Types of Divorce in Oregon

Understanding which type of divorce applies to your situation helps you choose the right path forward and prepare the appropriate divorce forms.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues including property division, debt allocation, spousal support, and if applicable, child custody and support arrangements. This cooperative approach typically resolves faster and costs significantly less than contested proceedings.

Oregon offers a particularly streamlined option called "short-form summary dissolution" for couples meeting specific criteria. To qualify for this expedited process, you must meet all of the following requirements:

Eligibility Requirements for Summary Dissolution

• Married for 10 years or less
• One or both spouses have lived in Oregon for at least six months
• No minor children together (biological or adopted)
• No children together who are 18-21 and attending school
• Neither spouse is pregnant
• Neither spouse owns real estate in any state
• Combined personal property worth less than $30,000
• Combined debts from the marriage totaling less than $15,000
• The petitioner waives spousal support rights
• No pending divorce, separation, or annulment actions in any state

If you qualify for summary dissolution, you can complete your divorce without ever appearing in court, making it the quickest and simplest option available.

Contested Divorce

A contested divorce involves disputes over one or more issues that require court resolution. These disagreements might concern asset division, spousal support amounts, child custody arrangements, or other significant matters. When spouses cannot reach agreement through negotiation or mediation, a judge will make these decisions after reviewing evidence and hearing testimony at trial.

Contested divorces typically take between six months and two years to finalize, depending on case complexity and court scheduling. The extended timeline reflects the need for discovery (gathering financial and other relevant information), possible expert evaluations, settlement negotiations, and potentially a trial.

Essential Divorce Forms for Oregon

The Oregon Judicial Department website provides free divorce forms that you'll need to initiate and complete your dissolution of marriage. The specific forms required depend on whether you have children and whether your divorce is contested or uncontested.

Forms to Start Your Divorce (Without Children)

• Summons for Family Law Cases
• Petition for Dissolution of Marriage
• Confidential Information Form (CIF) - complete two copies, one for each spouse
• Notice of CIF Filing
• Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership

If you're filing as co-petitioners in an uncontested case, you'll use a slightly different form called the "Co-Party Petition" instead of the standard petition.

Forms to Finalize an Uncontested Divorce

After filing your initial paperwork and allowing appropriate waiting periods, you'll need additional forms to complete your uncontested divorce:

Finalization Documents:

• Declaration in Support of Judgment
• General Judgment of Dissolution of Marriage

For contested cases where your spouse doesn't file a response, you'll need:

• Ex Parte Motion for Order of Default and Declaration in Support
• Order on Motion for Default
• General Judgment of Dissolution of Marriage

Step-by-Step Filing Process

Each step in the Oregon filing for divorce process helps ensure you complete everything correctly and avoid delays.

Step 1: Prepare Your Forms

Carefully complete all required divorce forms using the Oregon Judicial Department website resources. Take your time with this step, errors or omissions can delay your case. If you get stuck, family law facilitators at your local circuit court can provide general guidance, though they cannot give legal advice or tell you what to write in your forms.

Many people find it helpful to gather all necessary information before starting the forms, including:

• Complete legal names and contact information for both spouses
• Date and location of marriage
• Social Security numbers
• Details about children (if applicable)
• Financial information including assets, debts, income, and expenses
• Information about any registered domestic partnership

Step 2: File With the Circuit Court

After completing your divorce forms, file them with the circuit court clerk in the county where you or your spouse lives. You can file in person at the courthouse or, in many counties, you can now file your divorce papers completely online through the Oregon courts' electronic filing system.

The filing fee for dissolution of marriage in Oregon is currently $301, though this amount may change. You must pay this filing fee when you submit your forms unless you qualify for a fee waiver.

Step 3: Request a Fee Waiver If Needed

If you cannot afford to pay the filing fee, you can request that the court waive or defer these costs. Complete the "Application for Deferral or Waiver of Fees & Declaration in Support" form, which requires detailed information about your financial situation including income, expenses, assets, and debts.

A judge will review your application and decide whether to:

• Waive the fee entirely
• Allow you to pay the fee later (deferral)
• Require you to pay the full fee

The ability to request fee waivers ensures that financial constraints don't prevent access to the legal system for those who cannot afford to pay.

Step 4: Serve Your Spouse

After filing your divorce papers, you must provide your spouse with copies of all filed documents. This process, called "service of process," ensures your spouse receives notice of the divorce and has an opportunity to respond. The circuit court will not serve your spouse for you, this is your responsibility.

You cannot serve the divorce papers yourself, service must be completed by someone else.

Step 5: File Proof of Service

After your spouse receives the divorce papers, file your proof of service (either the signed Acceptance of Service or the Certificate of Service) with the circuit court. This documentation confirms that your spouse received proper notice and allows your case to proceed.

Step 6: Wait for Response Period

Oregon law gives your spouse 30 days after service to file a response to your petition. During this waiting period, your spouse can file divorce forms indicating agreement or disagreement with the terms you've proposed.

If your spouse files a response disagreeing with your proposed terms, you have a contested divorce and will need to work toward settlement through negotiation, mediation, or ultimately trial. If your spouse doesn't file a response within 30 days, you can proceed with finalizing an uncontested divorce or request a default judgment.

Comparison of Oregon Divorce Options

Working With Professionals

While Oregon allows you to file for divorce without an attorney (called proceeding "pro se"), many people benefit from at least some professional assistance.

Family Law Facilitators

Most Oregon counties provide family law facilitators who offer free help to self-represented individuals. These court employees can:

• Explain court procedures and requirements
• Help you locate and understand the correct divorce forms
• Provide general information about Oregon family law
• Review your completed forms for technical compliance

However, facilitators cannot provide legal advice, tell you what to write in your forms, or predict how a judge will rule. They remain neutral and cannot advocate for your interests.

Limited Scope Representation

If you cannot afford full legal representation but need more help than facilitators can provide, consider limited scope representation (sometimes called "unbundled services"). Under this arrangement, you hire an attorney to help with specific tasks rather than handling your entire case. For example, an attorney might:

• Review your completed divorce forms for accuracy
• Provide advice about property division or support issues
• Draft a marital settlement agreement
• Represent you at a specific hearing

This approach provides professional legal assistance at a fraction of the cost of full representation.

Divorce Mediation

Oregon courts strongly encourage mediation in contested cases, and some judges require it before scheduling a trial. In mediation, a neutral third party helps you and your spouse negotiate agreements on disputed issues. Successful mediation can convert a contested case into an uncontested one, saving substantial time and money.

Mediators don't make decisions for you or advocate for either party. Instead, they facilitate productive discussions and help you explore settlement options. Many couples find that mediation produces better outcomes than court-imposed decisions because you maintain control over the results.

Property Division in Oregon Divorces

Oregon follows the equitable distribution model for dividing marital property. Under this approach, the court divides marital assets and debts in a manner deemed fair and just, though not necessarily equal. The court has broad discretion in making these determinations.

Marital vs. Separate Property

Generally, property acquired during the marriage is considered marital property subject to division, while property owned before marriage or received as a gift or inheritance remains separate property. However, separate property can become marital property through commingling or if marital funds increase its value.

Understanding property characterization is crucial because it affects what gets divided in your divorce. The declaration in support that you file should accurately describe all assets and debts, distinguishing between marital and separate property.

Spousal Support Considerations

Oregon courts may award spousal support (also called maintenance or alimony) when appropriate. The court considers factors including:

• The duration of the marriage
• Each spouse's age and physical condition
• The standard of living established during marriage
• Each spouse's earning capacity and financial resources
• The contribution each spouse made to the marriage
• The education and training of each spouse
• Any career sacrifices one spouse made for the other's benefit

Spousal support can be temporary (during the divorce process), transitional (to help a spouse gain skills for employment), compensatory (reimbursing contributions to the other's education or career), or maintenance (ongoing support).

In your divorce forms, you can request spousal support or state that you waive this right. Once waived, you generally cannot later seek spousal support, so carefully consider this decision before filing.

Getting Help With Your Oregon Divorce

Several resources are available to help you navigate filing for divorce in Oregon:

Oregon Judicial Department Website

Provides free forms, instructions, and general information about the divorce process

Oregon Law Help

Offers comprehensive self-help resources about family law and divorce procedures

Family Law Facilitators

Available at most county circuit courts to assist self-represented parties

Oregon State Bar Referral Service

Helps connect you with qualified family law attorneys in your area

Legal Aid Organizations

Provide free or reduced-cost legal services to qualifying low-income individuals

Online Divorce Services  

Offer form preparation assistance for a fee, typically less expensive than hiring an attorney

Finalizing Your Oregon Divorce

Once the court approves your divorce, you'll receive a General Judgment of Dissolution of Marriage. This legal document officially terminates your marriage and sets forth all terms regarding property division, support, and if applicable, custody and parenting time.

Obtain several certified copies of your judgment from the circuit court clerk. You may need these for:

• Updating identification documents if you changed your name
• Transferring property titles
• Dividing retirement accounts
• Modifying insurance policies
• Proof of marital status for future legal matters

The judgment becomes effective immediately upon signing by the judge, though you cannot remarry until the judgment is filed with the court clerk.

Moving Forward After Filing

Oregon filing for divorce represents the beginning of a legal process that will reshape your life. Whether you pursue an uncontested divorce with your spouse's cooperation or face a contested case requiring court intervention, understanding the requirements and procedures helps you navigate this transition more confidently.

Take advantage of the resources available through the Oregon Judicial Department website, family law facilitators, and if needed, professional legal assistance. While divorce inevitably involves challenges, being informed about your rights, responsibilities, and options empowers you to make decisions that serve your best interests and set a foundation for your future.

Remember that the dissolution of marriage process, while difficult, is also an opportunity for a fresh start. By handling the legal aspects thoroughly and thoughtfully, you can resolve your marriage with dignity and position yourself for success in the next chapter of your life.