Oregon Divorce Guide
Everything you need to know about filing for divorce in Oregon — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Oregon Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 0 days — Oregon has no mandatory waiting period. The state previously required a 90-day waiting period, but this was eliminated. A dissolution can become final as soon as all requirements are met, including proper service and either a response or default. In practice, uncontested cases typically take 4-6 weeks to finalize. |
| Filing Fee | $301(fee waiver available) |
| No-Fault Grounds | Irreconcilable Differences |
| Fault Grounds | None |
| Property Division | Equitable Distribution |
| E-Filing | Available — Oregon uses the Odyssey File & Serve system (oregon.tylertech.cloud/ofsweb) as part of the Oregon eCourt initiative. Electronic filing is available 24 hours a day from any location. The OJD Guide & File system provides interactive online forms for self-represented filers. E-filing is available in all 36 Oregon circuit courts. |
| Response Window | 30 days — Under ORCP 7C(2), the respondent has 30 days from the date of service to file a response or appearance. If the respondent files a notice of intent to appear but no response, the petitioner must give 10 days' notice before filing a motion for default. If no response is filed, the petitioner may seek a default judgment. |
Grounds for Divorce in Oregon
Irreconcilable differences between the parties have caused the irremediable breakdown of the marriage (ORS § 107.025)
No-Fault Grounds
- Irreconcilable Differences — Under ORS § 107.025, a judgment for dissolution may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. Oregon abolished the doctrines of fault and in pari delicto in suits for annulment, dissolution, or separation (ORS § 107.036). The court shall not receive evidence of specific acts of misconduct, except where child custody is at issue and such evidence is relevant, or when the court finds such evidence necessary to prove irreconcilable differences.
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How to File for Divorce in Oregon
Meet Residency Requirements
You must have lived in Oregon for at least 6 months before filing. Under ORS § 107.075, if the marriage was not solemnized in Oregon or if grounds other than those in ORS § 106.020 or § 107.015 are alleged, at least one party must be a resident of or domiciled in Oregon at the time the suit is commenced and continuously for six months prior thereto. If the marriage was solemnized in Oregon and either party is a resident at the time of filing, no durational residency requirement applies when alleging grounds under ORS § 106.020 or § 107.015. The petition may be filed in the county where either the petitioner or respondent resides (ORS § 107.086).
Complete Your Forms
Oregon requires 8 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $301 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service, Substitute Service, Office Service, Service by Mail, Service by Publication, Alternative Service. Service cannot be made by a party to the case or by the attorney for a party. A Certificate of Service or Affidavit of Service must be filed with the court as proof of service. Co-petitioner filings do not require service as both parties file jointly.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 0-day waiting period, the court can issue your final decree.
Special Rules in Oregon
Purely No-Fault State
Oregon is a purely no-fault divorce state. Under ORS § 107.036, the doctrines of fault and in pari delicto are abolished in suits for annulment, dissolution, or separation. The court shall not receive evidence of specific acts of misconduct except where child custody is at issue.
Automatic Statutory Restraining Order
Under ORS § 107.093, upon filing and service of a dissolution petition, an automatic restraining order takes effect against both parties. It prohibits transferring, encumbering, concealing, or disposing of property; changing beneficiaries on insurance policies; and making extraordinary expenditures without court approval or written agreement.
Rebuttable Presumption of Equal Contribution
Under ORS § 107.105(1)(f), there is a rebuttable presumption that both parties contributed equally to the acquisition of property during the marriage, whether held jointly or separately. This presumption can be overcome by evidence of unequal contribution, but homemaking contributions are valued equally to monetary contributions.
Summary Dissolution Available
Under ORS § 107.485–107.510, Oregon offers a simplified summary dissolution procedure for marriages meeting specific criteria including no minor children, marriage of 10 years or less, limited debts (under $15,000), and limited personal property assets (under $30,000 fair market value).
Co-Petitioner Filing
Oregon allows both spouses to file jointly as co-petitioners when they agree on all terms. Only one filing fee is required, and no service of process is needed. Both parties are labeled petitioner and respondent with no legal distinction between them.
Mandatory Requirements
Parenting Course Required
Under ORS § 3.425, many Oregon counties require parents to complete a parent education class before a judgment can be entered in cases involving child custody and parenting time. Requirements vary by county. The course covers helping children adjust to family structure changes and effective co-parenting skills. Some counties also require a mediation orientation.
Mediation Required
In counties with mediation programs, parents in contested custody or parenting time cases may be required to attend a mediation orientation and attempt mediation before proceeding to trial. Most counties provide free custody and parenting time mediation services. Mediation may cover child support, spousal support, custody, parenting time, and property division.
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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