Oregon Divorce Laws (2026): Grounds, Residency, and Process

Oregon is a pure no-fault divorce state: fault grounds such as adultery and cruelty were abolished, and virtually every dissolution proceeds on irreconcilable differences causing an irremediable breakdown of the marriage (ORS 107.025). At least one spouse must have resided in or been domiciled in Oregon continuously for six months before filing, regardless of where the marriage took place. Oregon has no waiting period and no separation requirement.

Grounds for divorce in Oregon

Oregon abolished fault-based divorce grounds and replaced them with a no-fault standard. Under ORS 107.025, a judgment dissolving a marriage may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. That is the ground in virtually every Oregon dissolution.

ORS 107.015, titled grounds for annulment or dissolution of marriage, separately allows a judgment of annulment or dissolution in two narrow situations: where a party was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding, or where consent was obtained by force or fraud. Neither applies if the marriage contract was afterward ratified. These are rarely used and are not fault grounds in the traditional sense.

One spouse simply needs to assert that the differences are irreconcilable and that there is no reasonable prospect of saving the marriage. The other spouse does not need to agree. Because Oregon eliminated fault grounds entirely, courts do not consider misconduct such as adultery or cruelty when deciding whether to grant a divorce.

Oregon is not one of the states that requires mutual consent for the no-fault ground. Either spouse can file unilaterally, and the court will grant the dissolution once the statutory requirements are met.

Residency requirement

Oregon's residency rule turns on the ground alleged and on where the marriage was solemnized. Because an ordinary dissolution is brought on irreconcilable differences (ORS 107.025), which is not one of the grounds set out in ORS 106.020 or 107.015, at least one party must be a resident of or domiciled in Oregon when the suit is commenced and continuously for the six months before that, no matter where the marriage took place (ORS 107.075(2)).

ORS 107.075(1) sets out the narrower alternative: if the marriage was solemnized in Oregon and the ground alleged is one set out in ORS 106.020 (void marriages) or 107.015 (want of legal age or sufficient understanding, or consent obtained by force or fraud), a suit for annulment or dissolution may be maintained as long as either party is a resident of or domiciled in Oregon when the suit is commenced, with no six-month minimum. That route reaches a dissolution as well as an annulment, but only on those grounds, so it does not help an ordinary irreconcilable-differences case.

Divorce cases in Oregon are heard in the Circuit Court of the county where either spouse resides. You file in that county's circuit court clerk's office. Oregon's Circuit Courts have family-law divisions in the more populous counties that handle all divorce, custody, and support matters together.

Waiting period and separation

Oregon stands apart from most states because it has neither a statutory waiting period nor a separation requirement. The 90-day cooling-off period that used to exist was repealed in 2011, so there is no mandatory delay between filing and entry of the judgment.

A separation requirement would mean the spouses must live apart for a set period before a court can grant a divorce. Oregon has no such rule. Spouses can be living together at the time of filing and at the time judgment is entered. The judgment is effective the moment the judge signs it.

This means a simple uncontested Oregon divorce can be finalized in a matter of weeks rather than months, once service is completed and the parties agree on all issues.

How property is divided

Oregon uses equitable distribution. The state is not one of the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), so there is no presumption that marital property will be split exactly 50/50.

Under equitable distribution, a court divides marital property in a manner that is just and proper under all the circumstances (ORS 107.105). Factors the court weighs include the duration of the marriage, each spouse's economic circumstances, contributions to the marital estate (including homemaking and child-rearing), and the tax consequences of different divisions.

Separate property generally remains with the spouse who owns it. Separate property is typically property a spouse owned before the marriage, or received during the marriage as an individual gift or inheritance, as long as it was kept separate from marital funds. Property that was commingled with marital assets can lose its separate character.

Courts can also set aside a portion of property for the support of a dependent party even when the total division would otherwise be equitable.

Alimony, custody, and child support

Oregon courts resolve alimony (called spousal support), child custody, and child support as part of, or alongside, the dissolution proceeding. These are separate legal determinations that the divorce judgment will address.

Spousal support in Oregon may be transitional (to help a spouse gain skills or education), compensatory (to recognize a spouse's contributions to the other's career), or maintenance (ongoing support based on the couple's standard of living). The court weighs length of the marriage, each spouse's earning capacity, and the relative financial positions of the parties. For a detailed breakdown of how Oregon calculates and awards spousal support, see our Oregon alimony laws page.

Child custody is decided in the best interests of the child. Oregon allows joint legal and physical custody by agreement; if the parties cannot agree, the court may award sole or joint custody after considering the child's relationship with each parent, each parent's willingness to support the other's relationship with the child, and any history of domestic violence. For more, see our Oregon child custody laws page.

Child support follows Oregon's income-shares guidelines and is calculated based on both parents' incomes and the parenting schedule. Estimate your payment with our Oregon child support calculator.

How to file for divorce in Oregon

Filing for divorce in Oregon follows a standard sequence. First, confirm that at least one spouse meets the residency requirement. Then prepare the Petition for Dissolution of Marriage (and, if both spouses agree on everything, a Co-Petition for Dissolution). File the petition in the Circuit Court of the county where either spouse resides and pay the filing fee, which varies by county.

After filing, the non-filing spouse must be formally served with the summons and petition. They then have 30 days from the date of service to appear and defend, whether they were served inside Oregon or in another state (ORCP 7 C(2)). Once the response period passes, or both parties have appeared, both sides exchange financial disclosures, including a Statement of Assets and Liabilities. If you are the spouse who was served, get a free case evaluation from an Oregon family lawyer on your response within those 30 days (attorney advertising).

If the parties reach a complete settlement on property, support, and any custody or child-support issues, they submit a stipulated judgment or marital settlement agreement. The court reviews it and, if it is legally adequate, the judge signs the dissolution judgment. There is no cooling-off period; the judgment is effective when signed.

If the parties cannot agree, the case proceeds to trial. The Circuit Court judge hears testimony and evidence on contested issues and issues a judgment. Contested Oregon divorces can take six months to a year or more depending on the docket and the complexity of the financial issues.

After entry of the dissolution judgment, the parties can divide accounts, re-title property, and update beneficiary designations according to the judgment's terms.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Oregon.

Related: Divorce Laws by State (Hub) | Oregon Alimony Laws | Oregon Child Custody Laws

More Oregon Laws

• Oregon Alimony Laws
• Oregon Child Custody Laws
• Oregon Child Support Laws
• Oregon Common Law Marriage Laws
• Oregon Restraining Order Laws
• Oregon Unclaimed Property

Frequently Asked Questions

How long does it take to get a divorce in Oregon?

Oregon has no mandatory waiting period, so an uncontested divorce can be finalized in as little as four to six weeks once the other spouse is served and all paperwork is in order. Contested divorces involving disputed property or custody typically take six months to a year or longer.

How much does a divorce cost in Oregon?

The filing fee varies by county, typically ranging from around $100 to $300 for the petition. If both parties have attorneys, total legal costs can range from a few thousand dollars for a simple uncontested case to tens of thousands for a contested trial. Oregon courts also offer self-help resources for parties representing themselves.

Do I need a reason to divorce in Oregon?

No. Oregon is a pure no-fault state. You only need to state that you and your spouse have irreconcilable differences causing an irremediable breakdown of the marriage. No fault or wrongdoing needs to be proven.

Is Oregon a community property state?

No. Oregon is an equitable distribution state. Marital property is divided fairly based on the circumstances of the marriage, but not necessarily in a 50/50 split. Only nine states use community property rules, and Oregon is not among them.

How long do I have to be separated to divorce in Oregon?

Oregon has no separation requirement. You do not need to live apart from your spouse before filing or before the court enters a divorce judgment. The judgment is effective as soon as the judge signs it.

Can I get divorced without my spouse agreeing in Oregon?

Yes. Oregon's no-fault ground does not require mutual consent. One spouse can file a petition, serve the other, and proceed to judgment even if the other spouse objects or does not participate. The court will still grant the dissolution if the statutory requirements are met.

Do I have to live in Oregon to file for divorce there?

At least one spouse must be a resident of or domiciled in Oregon continuously for at least 6 months before filing (ORS 107.075), regardless of where you were married. ORS 107.075(1) sets out a narrower alternative with no minimum duration, but it applies only where the marriage was solemnized in Oregon and the ground alleged is one set out in ORS 106.020 or 107.015, so it does not help an ordinary irreconcilable-differences dissolution.