Oregon Divorce Petition

Filing a Divorce Petition in Oregon

In Oregon, ending a marriage is legally called a "dissolution of marriage," and the two parties are the Petitioner, the spouse who files, and the Respondent. The case begins when the Petitioner files a Petition for Dissolution of Marriage along with a Summons in the Circuit Court of the county where either spouse resides (/legal-document/divorce-petition). The filing fee is $301.

Who Can File: Residency

Oregon's residency rule under ORS 107.075 has two paths. If the marriage was solemnized in Oregon and either party lives in the state when the suit is commenced, no durational residency applies. In every other situation, one party must have resided in Oregon continuously for the 6 months immediately preceding filing. A couple married in Oregon can often file the same day one spouse returns, while newcomers must wait out the full six-month clock.

The Only Ground: Irreconcilable Differences

Oregon is a pure no-fault state. Under ORS 107.025, the sole ground for dissolution is "irreconcilable differences between the parties [that] have caused the irremediable breakdown of the marriage." Neither spouse alleges adultery, cruelty, or other misconduct, and Oregon requires no period of living separate and apart before filing. That single ground keeps Oregon dissolutions focused on the future rather than on assigning blame.

No Statutory Waiting Period

Oregon sets no mandatory waiting period between filing and a judgment of dissolution. Unlike states that impose a fixed cooling-off interval, Oregon lets the circuit court enter the judgment as soon as the case is ready. In practice, the timeline is driven by the court's docket and by how long the parties take to complete service, financial disclosures, parenting plans, and any contested property issues. An uncontested case with a stipulated judgment can conclude comparatively quickly, while contested matters take longer to work through.

Dividing Property: Equitable Distribution

Oregon is an equitable-distribution state, not a community-property state. Under ORS 107.105(1)(f), the circuit court divides the marital estate as is "just and proper in all the circumstances." A rebuttable presumption of equal contribution applies to property acquired during the marriage, so both spouses are treated as having contributed equally, including a homemaker's contributions, unless the evidence shows otherwise. Equitable means fair, which is not always a mechanical 50/50 split.

What to Expect After Filing

Once the Petition and Summons are filed and the Respondent is served, the Respondent may appear and respond. If the parties agree on terms, they can present a stipulated judgment; if they disagree, the circuit court resolves the contested issues. Either way, the court can sign the final judgment once the case is ready, since Oregon imposes no statutory waiting period. Because the Petition for Dissolution of Marriage frames every later decision about support, custody, and the division of assets and debts, accuracy at the filing stage matters. A complete petition that names the right county, states irreconcilable differences, and reflects Oregon's equitable-distribution framework keeps your dissolution moving through the Circuit Court without avoidable delay.