Oregon
Oregon Divorce Laws (2026): Grounds, Residency, and Process
Oregon is a pure no-fault divorce state: the only ground is irreconcilable differences causing an irremediable breakdown of the marriage (). 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 single no-fault standard. Under , the only ground for dissolution of marriage is irreconcilable differences causing an irremediable breakdown of the marriage.
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 for an ordinary dissolution turns on the ground alleged, not on where you were married. Because the sole ground for dissolution is irreconcilable differences (ORS 107.025), and that ground is not one of the grounds listed in ORS 106.020 or 107.015, at least one party must be a resident of or domiciled in Oregon at the time of filing and continuously for the six months before filing, no matter where the marriage was solemnized ((2)). The no-minimum-duration exception in (1) applies only to annulment actions brought on the grounds in ORS 106.020 (void marriages) or 107.015 (incapacity or fraud).
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 The 90-day cooling-off period that used to exist was repealed in 2011, so there is no mandatory delay between filing and entry of the judgment.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 to respond (or 60 days if served outside Oregon). Once the response period passes, or both parties have appeared, both sides exchange financial disclosures, including a Statement of Assets and Liabilities.
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
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. A narrower exception with no minimum duration applies only to annulment actions under ORS 106.020 or 107.015, not to an ordinary irreconcilable-differences dissolution.
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Updates
Corrected Oregon's residency rule: the no-minimum-duration carve-out in ORS 107.075(1) applies only to annulment actions under ORS 106.020 or 107.015, not to an ordinary irreconcilable-differences dissolution (ORS 107.025) -- so the 6-month continuous residency/domicile requirement applies to a standard Oregon divorce regardless of where the marriage took place.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 2 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Oregon Revised Statutes, Chapter 107: Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
§ 107.025Irreconcilable differences as grounds for dissolution or separationIn force
(1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. (2) A judgment for separation may be rendered when: (a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage; (b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as spouses, and the court finds such agreement to be just and equitable; or (c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest.
Official text (excerpt) · as of 2026-07-29 · Read the full section at oregonlegislature.gov
Cited in 11 court opinionsMost recently applied by a court: 2012
Leading cases: In Re the Dissolution of the Marriage of Dunn (Court of Appeals of Oregon 1973, 13 Or. App. 497) · Graziano v. City Council of Canby (Court of Appeals of Oregon 1978, 35 Or. App. 271) · Matter of Marriage of Ballard (Court of Appeals of Oregon 1988, 93 Or. App. 463)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 107.075Residence requirementsIn force
(1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015. (2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto. (3) In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced. (4) Residence or domicile under subsection (2) or (3) of this section is sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or where the cause of suit arose.
Official text (excerpt) · as of 2026-07-29 · Read the full section at oregonlegislature.gov
Cited in 9 court opinionsMost recently applied by a court: 2021
Leading cases: Matter of Marriage of Pirouzkar (Court of Appeals of Oregon 1981, 51 Or. App. 519) · In the Matter of the Marriage of Goode (Court of Appeals of Oregon 2000, 165 Or. App. 327) · In re the Marriage of Ewald (Court of Appeals of Oregon 2012, 254 Or. App. 170)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- ORS 107.025 - Grounds for dissolution of marriage (irreconcilable differences)(oregonlegislature.gov).gov
- ORS 107.075 - Jurisdiction; residency requirement(oregonlegislature.gov).gov
- Oregon Judicial Department - Self-Help Divorce Center(courts.oregon.gov).gov