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Oregon divorce guide

Divorce in Oregon

Everything you need to file in Oregon: who can file, how long it takes, what it costs, how property and support work, and the forms you will use.

Crater Lake, Oregon

Oregon at a glance

The fast facts

Residency

6 continuous months in Oregon before filing if married outside the state; only current residency is required if married in Oregon

Waiting period

None; Oregon eliminated its mandatory waiting period in 2011

Filing fee

$301, fee waivers available

Property

Equitable distribution

Grounds

No-fault only

Legal separation

Available

Reviewed September 2026 from Oregon's court self-help pages and statutes. Fees and local rules change, so confirm with your county clerk before you file.

How to file for divorce in Oregon

  1. Check residency. 6 continuous months in Oregon before filing if married outside the state; only current residency is required if married in Oregon.
  2. Prepare and file the Petition for Dissolution of Marriage with the Circuit Court in your county. The filing fee is typically $301, and you can ask for a fee waiver if you cannot afford it.
  3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
  4. Exchange financial disclosures. Both parties must exchange documentation of income, assets, and debts; no single statewide mandatory form is specified.
  5. Settle the issues in a written agreement, and a parenting plan if you have children.
  6. Wait out the waiting period. None; Oregon eliminated its mandatory waiting period in 2011. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 continuous months in Oregon before filing if married outside the state; only current residency is required if married in Oregon.

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: Not required before filing.

How property is divided

Oregon uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Oregon uses the terms legal custody and parenting time. Every decision is made in the child's best interests.

Parenting class: Required in many, but not all, counties for cases involving minor children before a General Judgment of Dissolution can be entered.

Child support: Oregon uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Three types of spousal support exist (transitional, compensatory, and maintenance), awarded at court discretion with no fixed formula.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Co-Petition (Joint Petition) for Dissolution: Both spouses file jointly as co-petitioners, bypassing formal service requirements; this can finalize in a few weeks when the spouses fully agree.

Legal separation: available in Oregon, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: none; Oregon eliminated its mandatory waiting period in 2011. A typical timeline is a few weeks for a co-petition; 1 to 3 months for a sole-petition uncontested case. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Oregon

  • Oregon uses the term dissolution of marriage rather than divorce in its statutes and forms.
  • Each spouse pays a $301 filing fee, including co-petitioners, who each pay separately.
  • Fault and misconduct play no role in the dissolution itself; irreconcilable differences is the only ground.

Some local details vary by county in Oregon, including financial disclosure. Check with your county clerk.

Official resources

Official forms and instructions come from Oregon's courts. Sources we reviewed:

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.

Straight answers

Oregon divorce, plain answers

How long does a divorce take in Oregon?

The waiting period is none; Oregon eliminated its mandatory waiting period in 2011. A typical timeline is a few weeks for a co-petition; 1 to 3 months for a sole-petition uncontested case.

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

The court filing fee is typically $301. You can ask for a fee waiver if you cannot afford it. Service, classes and professional help are extra.

How long do I have to live in Oregon to file?

6 continuous months in Oregon before filing if married outside the state; only current residency is required if married in Oregon.

Is Oregon a community property state?

No. Oregon uses equitable distribution, so marital property is divided fairly, which is not always equally.

Can I divorce in Oregon if my spouse will not agree?

Yes. Your spouse cannot stop the divorce. Once they are properly served, the case can go ahead, by default if they do not respond.

Does Oregon have legal separation?

Yes. Oregon offers legal separation.

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