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Oregon Divorce Petition

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Introduction

In Oregon, the Petition for Dissolution of Marriage is the formal court pleading one spouse files to open a case and ask a judge to legally end the marriage. Filing this document starts the case and names the two parties, the Petitioner who files and the Respondent. Oregon requires no durational residency when the marriage was solemnized in Oregon and either spouse lives in the state at the time the suit is commenced; in every other case, one party must have resided in Oregon continuously for the 6 months immediately preceding filing (ORS 107.075). The state is pure no-fault, so the only ground is irreconcilable differences that have caused the irremediable breakdown of the marriage (ORS 107.025), and no separation period is required. Oregon imposes no statutory waiting period after filing, so the circuit court may enter the judgment of dissolution once the case is ready.

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Key Things to Know

  1. 1

    What a Divorce Petition Is: Oregon labels this opening filing a Petition for Dissolution of Marriage, the formal pleading one spouse submits to the circuit court to start the case and ask the court to legally end the marriage.

  2. 2

    Residency (ORS 107.075): No durational residency applies if you married in Oregon and either spouse lives here when the suit begins. Otherwise, one party must have resided in Oregon continuously for the 6 months immediately before filing.

  3. 3

    Grounds (ORS 107.025): Oregon is purely no-fault. The sole ground is 'irreconcilable differences' that have caused the 'irremediable breakdown of the marriage,' and no separation period is required.

  4. 4

    No Statutory Waiting Period: Oregon sets no mandatory waiting period between filing and a judgment of dissolution. The circuit court may enter the judgment once the case is ready, so timing depends mainly on the court's docket and how quickly the parties resolve financial and parenting matters.

  5. 5

    Property Division (ORS 107.105(1)(f)): Oregon is an equitable-distribution state. The court divides marital property as is 'just and proper in all the circumstances,' with a rebuttable presumption of equal contribution to property acquired during the marriage.

  6. 6

    Required Forms and Where to File: You start the case by filing a Petition for Dissolution of Marriage together with a Summons, in the Circuit Court of the Oregon county where either the Petitioner or the Respondent resides.

  7. 7

    Filing Fee: Oregon charges $301 to file the Petition for Dissolution of Marriage, and low-income filers may ask the court for a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Oregon, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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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.

Oregon Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: If the marriage was solemnized in Oregon and either party is an Oregon resident at the time the suit is commenced, no durational residency is required; otherwise one party must....

Residency (County)

Must file in the correct county Circuit Court the circuit.

Grounds for Divorce

Must properly plead grounds: Pure no-fault. The sole ground is 'irreconcilable differences between the parties [that] have caused the irremediable breakdown of the marriage' (ORS 107.025)..

Waiting Period

Oregon imposes no statutory waiting period. The court may enter a judgment of dissolution once the case is ready; timing depends on the court's docket and completion of required disclosures.

Required Forms

Must file correct state forms: Petition for Dissolution of Marriage and Summons..

Property Division

Property is divided according to: Equitable distribution. Oregon is an equitable distribution state; the court divides the marital property as... laws.

Filing Fee

Filing fee is typically $301 unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the opening pleading that starts a divorce case. In Oregon the document is called a Petition for Dissolution of Marriage, and filing it with the circuit court asks the court to legally end your marriage and to decide related issues such as property, support, and custody. The person who files is the Petitioner, and the other spouse is the Respondent.

In Oregon there is no substantive difference. 'Divorce' is the everyday word, while 'dissolution of marriage' is the statutory term the courts use for the same process. The divorce petition, formally the Petition for Dissolution of Marriage, is simply the document you file to begin that dissolution.

It depends on where you married. If the marriage was solemnized in Oregon and either party is an Oregon resident when the suit is commenced, no durational residency is required. Otherwise, one party must have resided in Oregon continuously for the 6 months immediately before filing (ORS 107.075).

Oregon is a pure no-fault state. The sole ground is 'irreconcilable differences between the parties that have caused the irremediable breakdown of the marriage' (ORS 107.025). You do not have to prove misconduct or live separately before filing.

Oregon imposes no statutory waiting period. The court may enter a judgment of dissolution once the case is ready, so an uncontested divorce can conclude relatively quickly, while contested cases take longer as the parties resolve financial and parenting issues. Timing depends on the court's docket and how quickly the required disclosures and paperwork are completed.

The initial filing fee in Oregon is $301. Low-income filers can ask the court for a fee waiver or deferral if they cannot afford the cost.

Oregon follows equitable distribution. Under ORS 107.105(1)(f), the court divides the marital property as is 'just and proper in all the circumstances,' with a rebuttable presumption of equal contribution to property acquired during the marriage. Equitable means fair, which is not always an even split.

Yes. Once you properly serve the Respondent with the summons and petition, the case can proceed even if your spouse will not participate. If the Respondent fails to appear, the circuit court can grant a default judgment of dissolution.