How to File for Divorce in Oregon

Before you file your divorce papers, you should have a basic understanding of the Oregon divorce process and the decisions you will need to make. You and your partner will need to discuss and hopefully agree on dividing your marital property, whether or not one of you will receive alimony, and where your kids will live. 

Ending a marriage requires a lot of decisions. If you can’t come to an agreement, then you’ll need to involve a third party, such as attorneys or a divorce mediator, who can help you. This eight-step guide will help you prepare.

Before you get too set on filing for divorce, you need to ensure you meet a few legal requirements first. You’ll need to meet the state’s residency requirements, have grounds for divorce, and know the difference between a contested and uncontested divorce. 

Residency requirements

In order to file for dissolution of marriage in Oregon, you must meet the residency requirements. 

If you were married in Oregon, either you or your spouse must currently be a resident. If you were not married in the state, one of you must be a resident for at least six months. 

You may file in the circuit court in the county where either of you resides.

Grounds for divorce

Grounds for dissolution of marriage are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Oregon, like most states, has what are commonly called no-fault grounds for dissolution, and several traditional fault-based grounds.

To get a no-fault dissolution in Oregon, you need to state in the Petition for Dissolution of Marriage that “there are irreconcilable differences between the parties which have caused the irremediable breakdown of the marriage.” Irreconcilable differences mean that the problems in your marriage cannot be resolved by you and your spouse. 

The fault-based grounds for dissolution are: 

• Consent to the marriage was obtained by fraud, duress, or force
• The marriage involved a minor without parental consent
• One party lacked the mental capacity to consent to marriage (including due to the influence of alcohol or drugs). 

However, in most cases, there is no reason to file for a fault-based divorce because it adds complexity to the process by requiring proof. A no-fault divorce is much simpler,

Contested vs. uncontested divorce in OR

Before filing your divorce petition, you’ll need to decide whether to file for a contested or uncontested divorce. 

A contested divorce is one in which you and your spouse do not agree to the terms of the divorce ahead of time and dispute on key points. In this case, the person who files for divorce is known as the petitioner, and the other spouse is known as the respondent. The process of a contested divorce is more expensive and lengthier than an uncontested divorce.

If you and your spouse do agree on the key points of the divorce, you will have an uncontested divorce. For an uncontested divorce, you and your spouse file as co-petitioners. The uncontested process is a shorter version of the process below. It’s also typically much less stressful and more cost-effective.

When you and your spouse agree on the aspects of the divorce and file for an uncontested divorce, there are two options. 

• Standard uncontested dissolution: You file with your spouse, state your agreement on specific terms, and appear before a judge who will approve of your divorce agreement.
• Summary dissolution: If you meet certain criteria when you file for an uncontested divorce, you can end the marriage without ever having to appear before a judge or go to court. If you choose this route, you waive the right to spousal support.

To be eligible for the shorter summary dissolution, you must:

• Have both lived in Oregon for at least six months
• Have been married for less than 10 years
• Not have minor children
• Not have children between 18-21 years old who are attending school
• Not be pregnant
• Not own interest in real estate (in Oregon or any other state)
• Own less than $30,000 in personal property, shared or joint
• Not have debt totaling more than $15,000
• Not have other divorce actions pending 

After filing your dissolution paperwork, it can take a few days to weeks to process the documents and receive approval. Oregon doesn’t have a waiting period.

How to file for divorce in 8 steps

If you meet the residency requirements and expect a contested divorce with your spouse, follow the eight steps below to file for and receive your divorce. 

1. Consult a divorce attorney

If you expect your divorce to be contested or are looking for advice to best prepare yourself for the divorce process, you can choose to work with a divorce attorney.

A divorce lawyer is an expert at navigating this complicated process and can offer advice alone the way to protect yourself and your best interests. Working with an attorney can be beneficial, especially if you own a significant amount of property, your spouse has debts, you have children together, or there are a number of aspects of your marriage that will need to be agreed upon.

Working with an attorney is not required in the state of Oregon, but they can provide you with guidance and support throughout the process to help ensure your best interests are respected and represented.

2. Prepare divorce papers

Whether you’ve chosen to get the help of an attorney or not, the first step in starting the divorce process is to fill out your divorce papers.

The main form you must fill out and submit is the Petition for Dissolution of Marriage. All of the forms can be found online, downloaded, printed, and filled out. 

3. File the petition

Your divorce papers should be filed in the circuit court of the county where either you or your spouse lives. This will depend upon your residency. If you have not lived in Oregon for six months, you’ll need to file divorce papers in your spouse’s county. If you both meet the residency requirements, you can file court forms in either county.

4. Serve divorce papers

If you are filing for a contested divorce, that means you have likely filed divorce papers without telling your spouse. Once the papers have been filed, you must officially notify your spouse. 

This is known as serving divorce papers. You must provide your spouse with the divorce papers (even if they already know) by official service.

To serve divorce papers, you must have someone other than yourself who is over 18 give the divorce papers to your spouse. That person must then fill out and submit the Certificate of Service to the court.

If you don’t have anyone to do this for you, you can request that the county sheriff serve your spouse.

You can skip this step if your spouse agrees and signs an Acceptance of Service form. This allows you to waive the requirement of serving them with divorce papers. If they do not agree to sign this, you must serve them with papers.

Once your spouse has been served, they have 30 days to respond. Their response will include their opinions on how you will end the marriage. They may:

• Respond in agreement. If they do not contest any part of the divorce you’ve proposed, they respond and agree to the terms.
• Respond and contest some or all of the proposed divorce settlement. This will result in a hearing to determine the division of assets and other key points of the divorce.
• Not respond. If your spouse doesn’t respond within 30 days, you may be granted a default judgment and granted your divorce.

5. Financial disclosure

After you have filed your petition for divorce and served your spouse with divorce papers, your next step will be to gather your financial information to share with your spouse and the courts. (Your spouse will also have to share this information with you.)

This financial disclosure should include details about your assets, income, and debts. You will need to include documents such as:

• Three years of tax returns 
• Records to show any income for the past calendar year
• Financial statements about net worth
• Two years of credit card statements
• Loans taken out in the last two years
• Real estate deeds, contracts, and appraisals
• Any documents showing debts
• Title and registration for any owned vehicle
• Documentation of stocks, bonds, mutual funds, or other investments
• Statements with information about retirement plans, such as IRAs, pension plans, or deferred compensation plan

If you hide assets or lie during the financial disclosure, you may be penalized. Your spouse could take legal action and you could receive a penalty or fine from the judge in your divorce case. 

6. Attend mediation

If your spouse disagrees with any of the points in the divorce, an option for resolving your differences is to go through mediation. 

Mediation means hiring a neutral third party to help you and your spouse come to an agreement over the contested points of the divorce. 

This period of negotiation can be managed by your lawyer and your spouse’s lawyer, or you can work together with a training mediator. Working with a mediator might be more cost-effective than hiring lawyers. 

7. Negotiate and settle

The next step is for you and your spouse to negotiate until you agree on as many points of your divorce as possible. Once you’ve settled on an agreement, you can submit your final agreement to the court. 

8. Court hearing and final judgment

The final step in the divorce process is to go through a hearing in one of the Oregon courts and receive your final judgment. 

During this part of the process, your judge can make a final decision on any points that you and your spouse still disagree upon.

Once everything has been resolved and settled, the judge will issue a final judgment. This is your final document certifying that your divorce is complete.

How much does it cost to file for divorce in OR?

The cost for divorce can vary greatly and depends upon whether you and your spouse agree to the terms of the divorce. The more terms of the divorce you and your spouse can agree upon together and not need to bring in outside help, the less your divorce will cost.

The minimum cost of a divorce will be $301, which is the court filing fee for your divorce petition.

If you cannot afford the filing fee, you can submit an application to have it waived by the court. 

While that is the minimum price of a divorce, it could cost thousands of dollars. Hiring a lawyer, working with mediators, and going through the negotiation process with your spouse can be costly in time and money. The average cost of working with an experienced family law attorney for a divorce is $11,300. 

Property division in Oregon

A divorce involves dividing property and debts between you and your spouse. Oregon follows an equitable distribution model, which means that assets and debts are divided fairly. However, fair does not always mean equal. For example, equal distribution might mean each spouse gets 50% of an asset. Equitable distribution might mean that one spouse gets 75% of the asset when considering factors such as earning power, financial contribution, age of the spouses, and financial misconduct.

Generally, each party may keep their separate property, which is property acquired by a party by gift or inheritance, and held separately on a continuing basis. 

All other property is marital property. Absent an agreement of the parties, the court will divide marital property “as may be just and proper in all the circumstances” after considering the following factors:

• any contribution of a party as a homemaker to the acquisition of marital assets
• the reasonable costs of the sale of assets and any other costs reasonably anticipated
• tax consequences, and
• whether support (alimony) was awarded to a party in lieu of property

Alimony in OR

Alimony, referred to as spousal maintenance or spousal support in Oregon, is a payment from one spouse to another after getting a divorce. 

There are three types of spousal support in Oregon law.

• Transitional spousal support: This is support to enable a party to obtain education and training to be able to reenter the job market or for job advancement.
• Compensatory spousal support: This may be awarded when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career, or earning capacity of the other party.
• Spousal maintenance: This is “a contribution by one spouse to the support of the other for either a specified or an indefinite period.”

In determining the type, amount, and duration of support, the court will consider the following factors:

• Duration of the marriage
• Each party’s training, job skills, work experience, and relative earning capacity
• Each party’s financial needs and resources
• Tax consequences to each party
• Either party’s custodial and child support responsibilities
• Amount, duration, and nature of a party’s contribution to the education, training, vocational skills, career, or earning capacity of the other party
• Extent to which the marital estate has already benefited from the contribution
• Each party’s age and physical, mental, and emotional health
• Standard of living established during the marriage

The court may also consider any other factor that it deems necessary to make a just and equitable decision. 

Child custody and support in OR

A custody determination basically comes down to figuring out how the children’s time will be divided between the parents and how decisions will be made. A decision must also be made about how the children will be financially supported. This almost always comes down to one parent paying money to the other. Child support is determined by reference to the Oregon Child Support Guidelines.

Oregon child custody law requires each party (or both parties if there is an agreement) to propose a parenting plan outlining matters such as a schedule of where the child will live at various times (on a weekly basis, as well as for holidays, birthdays, vacations, etc.); transportation; telephone contact; decision-making responsibility; information sharing and access; and methods for resolving disputes.

If you and your spouse reach an agreement on a parenting plan, it will be accepted by the judge unless it is determined not to be in the child’s best interest. 

If you cannot reach an agreement, the judge will decide the issue after considering the following factors:

• The emotional ties between the child and other family members
• The interest of the parties in, and attitude toward, the child
• The desirability of continuing an existing relationship
• Any abuse of one party by the other
• The preference of the child
• Each party's willingness and ability to facilitate and encourage a close and continuing relationship between the other party and the child, and
• The conduct, marital status, income, social environment, and lifestyle of a party, IF any of these factors cause or may cause emotional or physical damage to the child

FAQs

How long does a divorce take in Oregon?

The length of time it takes to get a divorce in Oregon depends upon whether or not your partner agrees to the terms of the divorce. The less you agree upon, the longer the divorce process will take because you must negotiate and come to an agreement.

If you do agree on the key points of the divorce, you may be able to skip the court process and get your final divorce decree within a few days to a few weeks. Most divorces in Oregon are finalized within three to nine months. A complicated divorce can last for years. 

Oregon has no waiting period, so you and your spouse get to determine how long the divorce process will take. The court generally processes your application and final decree within a week or two.

What if my spouse doesn’t respond after being served divorce papers?

If your spouse does not respond after they’ve been served with divorce papers, your divorce can still proceed. You must wait for the 30-day period to pass before moving forward.

If your spouse doesn’t respond in that period of time, a judge can review your requests for the divorce and either amend or approve them. Once approved by a judge, you receive your final divorce decree and are divorced. 

How do I change my name after divorce in Oregon?

You can change your name as part of the divorce decree or request a name change after the divorce is finalized. If you change your name as part of the divorce, you can only change it back to a name you’ve had previously.

Edward A. Haman, Esq., contributed to this article.