By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 10, 2023
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Just as states have regulations on the marriage process, so to do they have them for divorce. The legal requirements for divorce define the procedures a person must go through in order to get divorced. State laws governing divorce can vary.
If you and your spouse were married in Oregon and one of you still lives in Oregon, divorce documents can be filed immediately. Otherwise, one of you must be a state resident for at least six months in order to file for divorce. Once the other legal requirements are met, Oregon has no waiting period before a divorce becomes final.
This is a brief overview of divorce laws in Oregon.
The details of Oregon's divorce statutes are listed in the chart below.
Code Section |
§ 107 et seq. of the Oregon Revised Statutes |
|---|---|
Residency Requirements |
One party resident for six months prior unless marriage solemnized in the state, either is resident at the time of filing, dissolution based on void marriage |
Waiting Period |
There is no waiting period for Oregon |
'No-Fault' Grounds for Divorce |
Irreconcilable differences; separation for one year |
Defenses to a Divorce Filing |
- |
Other Grounds for Divorce |
When either party was incapable of making a contract or consenting for want of legal age or sufficient understanding. Doctrines of fault and in pari delicto abolished by § 107.036 |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Oregon, like every other state, offers what has come to be known as a “no-fault" divorce wherein you don't have to allege or prove any specific wrongdoing in order to get a divorce. There are alternatives to the standard divorce, known as annulment and legal separation, which have separate requirements and only apply to certain circumstances.
If you have any children with your soon-to-be ex, Oregon child custody laws will apply, as well as the state statutes pertaining to child support guidelines and child support enforcement. You can find more information and resources in FindLaw's section on Divorce. You can also contact an Oregon divorce attorney if you would like legal advice regarding a divorce matter.
Going through a divorce can be an emotionally and legally complicated process. You'll have to figure out matters such as dividing up your property, child custody arrangements (if applicable), and more.
While this can all seem a bit overwhelming, an Oregon divorce lawyer can help make the process as smooth and favorable as possible.
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