Oregon divorce laws

Where and how to file in Oregon

Who can file (residency)

For a divorce based on irreconcilable differences, at least one spouse must live in (or be domiciled in) Oregon when you file and have lived there continuously for the 6 months before filing. (The shorter 'married in Oregon' rule in the statute applies only to annulment-type grounds.)

Waiting period

No statutory waiting period after filing was found. Your spouse has 30 days after service to respond; after that you can ask for a default judgment or the case moves forward.

Court

Circuit Court in the county where you or your spouse lives

Official forms

Divorce forms (Oregon courts)

Court self-help

Divorce self-help (Oregon courts)

Filing fee

$301 for the first appearance by the petitioner, and $301 for the respondent (ORS 21.155(1); OJD 2026 Circuit Court Fee Schedule, effective Jan. 1, 2026).

If you can't afford the fee

Apply for a fee deferral or waiver with the packet in the OJD Forms Center: https://www.courts.oregon.gov/forms/Pages/fee-waiver.aspx

Simpler process for agreed cases

Summary dissolution: no children (and no pregnancy), marriage of 10 years or less, no real estate, debts from the marriage of $15,000 or less, personal property under $30,000, the petitioner waives spousal support, and no other divorce case between you is pending (ORS 107.485-107.490). You still must serve your spouse. OJD iForms guided interviews help fill out the forms.

E-filing

Yes. Self-represented people can register for an individual OJD eFile account: https://www.courts.oregon.gov/services/online/Pages/efile.aspx

Law

ORS 107.075(2) · ORS ch. 107; ORCP 7

Divorce in Oregon, step by step

1. Check that you can file in Oregon

   For a divorce based on irreconcilable differences, at least one spouse must live in (or be domiciled in) Oregon when you file and have lived there continuously for the 6 months before filing.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Oregon courts) Summary dissolution: no children (and no pregnancy), marriage of 10 years or less, no real estate, debts from the marriage of $15,000 or less, personal property under $30,000, the petitioner waives spousal support, and no other divorce case between you is pending (ORS 107.485-107.490).

3. File the papers and pay the fee, or ask for a waiver

   File with the Circuit Court in the county where you or your spouse lives. Filing fee: $301 for the first appearance by the petitioner, and $301 for the respondent (ORS 21.155(1); OJD 2026 Circuit Court Fee Schedule, effective Jan. 1, 2026). Can't afford it? Apply for a fee deferral or waiver with the packet in the OJD Forms Center: https://www.courts.oregon.gov/forms/Pages/fee-waiver.aspx.

4. Serve your spouse

   Your spouse must be served with the summons and petition under ORCP 7 (personal delivery by an adult who is not you, or another allowed method).

5. Your spouse responds

   30 days after service. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   No statutory waiting period after filing was found.

7. Agree, or go to mediation or a hearing

   Every county must offer mediation orientation in family law cases; in some counties parents must attend mediation orientation or mediation before a custody/parenting-time hearing. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. The court must order a change of either spouse's name to a name held before the marriage if that spouse asks.

Free tools for Oregon

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Divorce timeline estimator for Oregon

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Oregon

No-fault ground

irreconcilable differences that have caused the irremediable breakdown of the marriage

Fault grounds

Not available: no-fault only

Law

ORS 107.025, 107.036 (fault doctrines abolished)

Property and debts in Oregon

System

Equitable distribution

The rule

The court divides property in a way that is 'just and proper.' It presumes both spouses contributed equally to property acquired during the marriage, counts homemaking as a contribution, and treats retirement plans as property. Gifts to one spouse kept separate aren't covered by the presumption.

Law

ORS 107.105(1)(f)

Alimony (spousal support) in Oregon

Called spousal support. The court can order transitional support (to get education or job skills), compensatory support (for a significant contribution to the other spouse's education, training or career), and spousal maintenance (for a set or indefinite time), based on factors like length of marriage, age, health, income and earning capacity. No formula. Support ends at either spouse's death unless the judgment says otherwise. ORS 107.105(1)(d).

Children: custody and support in Oregon

What Oregon calls custody

custody and parenting time (parenting plan)

Parenting class

Depends on the county: many circuit courts require a parenting class for separating or divorcing parents (Oregon Judicial Department, Parent Education).

Child support agency

Oregon Department of Justice, Division of Child Support

Serving your spouse in Oregon

How your spouse gets the papers

Your spouse must be served with the summons and petition under ORCP 7 (personal delivery by an adult who is not you, or another allowed method). Your spouse can sign an Acceptance of Service instead.

Time to respond

30 days after service

Law

ORCP 7; ORS 107.490(2)

Going back to a former name in Oregon

Yes. The court must order a change of either spouse's name to a name held before the marriage if that spouse asks. ORS 107.105(1)(h).

Mediation in Oregon

Every county must offer mediation orientation in family law cases; in some counties parents must attend mediation orientation or mediation before a custody/parenting-time hearing. Not required where there is a restraining order (OJD Mediation page).

Free help in Oregon

• Oregon Judicial Department: Family Law
• OJD iForms (interactive forms)

Good to know in Oregon

• Oregon presumes both spouses contributed equally to property bought during the marriage, even if titled to one. (ORS 107.105(1)(f)(C))
• Summary dissolution is available for short marriages (10 years or less) with no kids or real estate. (ORS 107.485)
• The 6-month residency applies to divorces even if you married in Oregon. (ORS 107.075)

Changes in 2024–2026

OJD circuit court fee schedule updated effective Jan. 1, 2026 (divorce first appearance $301).

Divorce checklist for Oregon

Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.

Questions about divorce in Oregon

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