Oregon Divorce Laws

Every state has specific laws governing the divorce process. Oregon is no different. If you’re considering divorce, you should become familiar with the divorce laws in the state. This will help make the divorce proceedings less intimidating.

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’ll also help fight to get you child custody, spousal support, and a fair property division.

Here, we’ll discuss the basic divorce laws in Oregon. We’ll also briefly explain the divorce process.

Legal Requirements for Divorce in Oregon

You must meet the state’s residency requirements 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’s license, state ID card, or a copy of your lease/mortgage.

The good news is that, unlike many other states, Oregon law doesn’t have a waiting period. 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. They have 30 days to do this.

How quickly the courts finalize your divorce depends on the type of divorce case you file.

Oregon Law Dictates Where You File Your Divorce Petition

According to Oregon law, you must file your divorce petition in your county of residence. You will meet the state's residency requirements if you have lived in that county for six months.

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.

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.

Contested and Uncontested Divorce

There are two types of divorce in Oregon: contested and uncontested. With an uncontested divorce, 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.

With a contested divorce, the parties disagree on the divorce terms. The parties’ lawyers go back and forth to negotiate a settlement. If they can't agree, the judge will schedule a trial.

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.

Issues at Stake in a Contested Divorce

If you and your spouse have no children, your divorce will likely be more straightforward than most. The same is true if you don’t own significant marital assets. You can agree to the divorce terms and go your separate ways.

If you have kids and valuable assets/debts, it could take more than a year to resolve your divorce case.

Some of the material issues you and your spouse may disagree on include:

• Alimony/spousal maintenance
• Child custody
• Child support
• Health insurance for minor children
• Parenting time (visitation)
• Equitable distribution of property
• Division of assets and liabilities

Once you resolve child custody issues, your fight will likely turn to property division. Dividing property between competing spouses can be challenging, especially if the marital assets are valuable.

Assets subject to equitable distribution in Oregon include the following:

• Real property (marital home, rental properties, etc.)
• Retirement accounts and retirement benefits
• Personal property (vehicles, jewelry, art, etc.
• Bank accounts, stocks, investments, etc.
• Family pets

It can be challenging to negotiate the division of property during a divorce. This is another reason it may be best to hire a divorce lawyer. They can work with your spouse’s attorney to negotiate a fair distribution of marital debts and assets.

No-Fault Divorce Laws

Oregon, like every other state, offers a no-fault divorce. You don't have to prove any specific wrongdoing to get a divorce. You can also file for an annulment or legal separation as well. The Oregon courts have different rules for these types of court action.

If you have children with your soon-to-be ex, Oregon child custody laws will apply. The Circuit Court will rely on Oregon’s child support guidelines to determine the amount of support the non-custodial parent must pay.

You can find more information and resources in FindLaw's section on Divorce. You can also contact an Oregon divorce attorney for legal advice on a divorce matter.

Oregon Divorce Laws

The details of Oregon's divorce statutes are listed in the chart below.

Note: State laws are always subject to change through the passage of new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct legal research to verify your state laws.

Going Through an Oregon Divorce? An Attorney Can Help

Going through a divorce can be an emotional and complex process. You'll have to decide how to divide your marital property and determine child custody, child support, and alimony. The divorce process in Oregon can be overwhelming.

An Oregon divorce lawyer can help make the process as smooth and favorable as possible. They’ll also ensure you get what you deserve in the divorce settlement agreement.