{"id":375889,"date":"2016-03-31T21:36:26","date_gmt":"2016-04-01T02:36:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-legal-requirements-for-divorce.html"},"modified":"2024-09-06T16:48:51","modified_gmt":"2024-09-06T21:48:51","slug":"oregon-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-legal-requirements-for-divorce.html","title":{"rendered":"Oregon Divorce Laws"},"content":{"rendered":"\n
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Oregon Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Every state has specific laws governing the divorce process. Oregon is no different. If you\u2019re considering divorce, you should become familiar with the divorce laws in the state. This will help make the divorce proceedings less intimidating.<\/p>\r\n

Even if you feel comfortable with Oregon divorce laws, you may still want to hire an experienced Oregon divorce attorney. It can be difficult to navigate the family courts in Oregon. You must follow many rules if you want your divorce to go smoothly. Your divorce lawyer will help ensure you follow these rules. They\u2019ll also help fight to get you child custody, spousal support, and a fair property division.<\/p>\r\n

Here, we\u2019ll discuss the basic divorce laws in Oregon. We\u2019ll also briefly explain the divorce process.<\/p>\r\n

Legal Requirements for Divorce in Oregon<\/h2>\r\n

You must meet the state\u2019s residency requirements<\/a> to file for divorce in Oregon. According to Oregon law, you (or your spouse) must live in the state for at least six months before filing for divorce. You can prove residency with a driver\u2019s license, state ID card, or a copy of your lease\/mortgage.<\/p>\r\n

The good news is that, unlike many other states, Oregon law doesn\u2019t have a waiting period<\/a>. The family law judge can issue final judgment at any time after you file your petition for dissolution of marriage. Of course, your spouse has the right to file an answer<\/a>. They have 30 days to do this.<\/p>\r\n

How quickly the courts finalize your divorce depends on the type of divorce case you file.<\/p>\r\n

Oregon Law Dictates Where You File Your Divorce Petition<\/h2>\r\n

According to Oregon law, you must file your divorce petition in your county of residence<\/a>. You will meet the state’s residency requirements if you have lived in that county for six months.<\/p>\r\n

If you live in Portland, Oregon, you would file divorce papers with Multnomah County. You must submit your divorce papers, court forms, and filing fee to the court clerk. You can request a fee waiver if you can’t afford the filing fee.<\/p>\r\n

After submitting your papers, you must prove that you served a copy of your petition on your spouse (respondent). Your spouse will have 30 days to file their answer. After that time, the clerk will schedule a court hearing to start your divorce action.<\/p>\r\n

Contested and Uncontested Divorce<\/h2>\r\n

There are two types of divorce in Oregon: contested and uncontested. With an uncontested divorce<\/a>, the parties agree to the divorce terms. Their divorce attorneys have drafted their marital settlement agreement. You provide a copy of this agreement to the judge for their approval. Once they approve your divorce agreement, they will issue your final divorce decree<\/a>.<\/p>\r\n

With a contested divorce<\/a>, the parties disagree on the divorce terms. The parties\u2019 lawyers go back and forth to negotiate a settlement. If they can’t agree, the judge will schedule a trial.<\/p>\r\n

At trial, both parties get a chance to argue before the judge. The judge will review your divorce papers and the information both sides present during the trial. The judge will then decide on the issues you and your spouse disagree on and enter a court order for divorce.<\/p>\r\n

Issues at Stake in a Contested Divorce<\/h2>\r\n

If you and your spouse have no children, your divorce will likely be more straightforward than most. The same is true if you don\u2019t own significant marital assets<\/a>. You can agree to the divorce terms and go your separate ways.<\/p>\r\n

If you have kids and valuable assets\/debts, it could take more than a year to resolve your divorce case.<\/p>\r\n

Some of the material issues you and your spouse may disagree on include:<\/p>\r\n