How to File for Divorce in Oregon (2026)
Reviewed by DocDraft Legal Team · Oregon · Last updated 2026-05-18
In Oregon, divorce is a creature of the Oregon code, not a one-size national form. Oregon splits property under equitable distribution (a fair, not automatically equal, split) and treats a divorce as available on irreconcilable differences. Residency is the gate: When the marriage was not solemnized in Oregon or the ground alleged is irreconcilable differences, at least one party must be a resident of or domiciled in Oregon at the time the suit is commenced and continuously for a period of 6 months prior to filing. When the marriage was solemnized in Oregon and the ground is a void or voidable marriage under ORS 106.020 or 107.015, only domicile or residency at commencement is required. This guide lays out the Oregon-specific filing sequence and the statutes, beginning with Or. Rev. Stat. § 107.025, that govern it.
Key Considerations
When a Oregon court divides what a couple owns, it applies fair-but-not-equal equitable-distribution. Equitable distribution: the court divides the real and personal property of the parties as may be just and proper considering all relevant factors. There is a rebuttable presumption that both spouses contributed equally to the acquisition of property during the marriage. Separate property is set aside to the owning spouse. The controlling authority is Or. Rev. Stat. § 107.105(1)(f).
Where children are involved, Oregon applies an income-shares model Income-shares model under Or. Rev. Stat. § 25.270 and the Oregon Child Support Guidelines administered by the Department of Justice Division of Child Support; both parents' adjusted gross incomes are applied to the Basic Child Support Obligation Scale with parenting-time adjustments (using 'overnight' percentages), health insurance, and child-care. See Or. Rev. Stat. § 25.270 et seq.; OAR Chapter 137 Division 50, with the official calculator.
Maintenance is its own analysis here. Three categories of spousal support under ORS 107.105(1)(d): transitional support, compensatory support, and spousal maintenance. Each category has its own factors (e.g., compensatory support requires significant financial or other contribution to the other spouse's education, training, vocational skills, career, or earning capacity) The controlling sections are Or. Rev. Stat. § 107.105(1)(d).
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Relevant Documents
For a Oregon case specifically, Petition for Dissolution of Marriage (statewide forms with separate packets for cases with and without minor children); Oregon Judicial Department Guide & File interactive interview generates the forms
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Oregon Revised Statutes Chapter 107 - Dissolution of Marriage, Annulment and Separation
This is the primary statute governing divorce (legally called 'dissolution of marriage') in Oregon. It establishes the grounds for divorce, which is 'irreconcilable differences' as Oregon is a no-fault divorce state. This means you don't need to prove wrongdoing by your spouse to get divorced.
Oregon's Residency Requirement - ORS 107.075
To file for divorce in Oregon, either you or your spouse must have been a resident of the state for at least six months before filing. This residency requirement must be met for Oregon courts to have jurisdiction over your divorce case.
Oregon Property Division Laws - ORS 107.105
Oregon follows equitable distribution principles for dividing property in a divorce. This means marital property is divided fairly but not necessarily equally. The court considers factors such as length of marriage, financial needs, and contributions of each spouse when dividing assets and debts.
Oregon Child Custody Laws - ORS 107.137
Oregon courts determine child custody based on the best interests of the child. The law outlines specific factors courts must consider, including the emotional ties between child and parents, interest of parents in the child, and the desirability of continuing existing relationships.
Oregon Child Support Guidelines - ORS 25.275
Oregon has established guidelines for calculating child support based on the income shares model. These guidelines consider both parents' incomes and the needs of the children. The Oregon Child Support Calculator is used to determine the presumptive amount of support.
Oregon Spousal Support (Alimony) Laws - ORS 107.105(1)(d)
Oregon recognizes three types of spousal support: transitional, compensatory, and maintenance. The court considers factors such as length of marriage, standard of living during marriage, age and health of parties, and earning capacity when determining support amounts and duration.
Oregon Mandatory Waiting Period - ORS 107.065
After filing for divorce in Oregon, there is a mandatory 90-day waiting period before the divorce can be finalized. This cooling-off period applies even if both spouses agree to all terms of the divorce.
Regional Variances
Portland Metro Area
Multnomah County has specific local court rules for divorce cases, including mandatory parent education classes for divorcing parents with minor children. The county also has a specialized Family Court Services department that provides mediation services. Divorce filings in Multnomah County typically have longer processing times due to higher case volumes compared to rural counties.
Washington County requires divorcing couples with children to attend a parent education program and complete mediation before a trial date will be set. The county has specific local forms that must be used in addition to state forms. Washington County also offers facilitated settlement conferences to help resolve cases without trial.
Clackamas County has its own local court rules for family law cases. The county requires parents to complete a parent education program within 45 days of filing for divorce if minor children are involved. Clackamas County also offers free family law facilitation services to help self-represented litigants navigate the divorce process.
Willamette Valley
Lane County has specific local rules for divorce cases and offers family court assistance through its Family Court Assistance Office. The county requires mediation for custody and parenting time disputes. Lane County also has specialized procedures for cases involving domestic violence.
Marion County requires divorcing couples with children to attend parent education classes. The county has a Family Court Services department that provides mediation for custody and parenting time issues. Marion County also has specific local forms that must be used in addition to state forms.
Southern Oregon
Jackson County has its own supplemental local rules for family law cases. The county requires parents to complete a parent education program and offers mediation services through its Family Support Services. Jackson County also has specific procedures for cases involving domestic violence.
Josephine County has more limited court resources than larger counties, which can affect processing times. The county requires parent education classes for divorcing parents and offers mediation services. Self-represented litigants may find fewer support services available compared to larger counties.
Eastern Oregon
Deschutes County has specific local rules for family law cases and requires parent education classes. The county offers family court assistance through its Family Law Facilitator program. Due to its growing population, Deschutes County has more resources available than other eastern Oregon counties.
Umatilla County has more limited court resources, which can result in different processing times for divorce cases. The county follows state guidelines but may have fewer support services available for self-represented litigants compared to more populated counties.
Coastal Oregon
Lincoln County has specific local rules for family law cases. The county offers mediation services for custody and parenting time disputes. Due to its smaller size, divorce cases may be processed more quickly than in larger counties, but there may be fewer court dates available.
Clatsop County follows state guidelines for divorce proceedings but has fewer specialized family court services than larger counties. The county offers basic mediation services and requires parent education classes for divorcing parents with minor children.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingWhen the marriage was not solemnized in Oregon or the ground alleged is irreconcilable differences, at least one party must be a resident of or domiciled in Oregon at the time the suit is commenced and continuously for a period of 6 months prior to filing. When the marriage was solemnized in Oregon and the ground is a void or voidable marriage under ORS 106.020 or 107.015, only domicile or residency at commencement is required (Or. Rev. Stat. § 107.075).
State the grounds
Before filing days after startingPure no-fault: the sole ground is irreconcilable differences between the parties that have caused the irremediable breakdown of the marriage (Or. Rev. Stat. § 107.025).
Open the case by filing the petition
At filing days after startingPetition for Dissolution of Marriage (statewide forms with separate packets for cases with and without minor children); Oregon Judicial Department Guide & File interactive interview generates the forms The filing fee is $287 filing fee for a Petition for Dissolution of Marriage effective January 1, 2026 (response fee $301 for the responding party). A fee waiver is available: Fee Deferral or Waiver Application and Declaration waives or defers filing fee when household income is at or below 125% of federal poverty level.
Handle service and disclosure
After filing days after startingAfter filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support.
Finalize the decree
After filing days after startingOnce the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage.
Plan for the mandatory timing rule
Final step days after starting90 days from the service of process or appearance of the respondent before a default decree may be entered; no broader cooling-off requirement for cases with full appearance and agreement Set by Or. Rev. Stat. § 107.065; Or. Rev. Stat. § 107.095.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | When the marriage was not solemnized in Oregon or the ground alleged is irreconcilable differences, at least one party must be a resident of or domiciled in Oregon at the time the suit is commenced and continuously for a period of 6 months prior to filing. When the marriage was solemnized in Oregon and the ground is a void or voidable marriage under ORS 106.020 or 107.015, only domicile or residency at commencement is required (Or. Rev. Stat. § 107.075). | - | Before filing |
| State the grounds | Pure no-fault: the sole ground is irreconcilable differences between the parties that have caused the irremediable breakdown of the marriage (Or. Rev. Stat. § 107.025). | - | Before filing |
| Open the case by filing the petition | Petition for Dissolution of Marriage (statewide forms with separate packets for cases with and without minor children); Oregon Judicial Department Guide & File interactive interview generates the forms The filing fee is $287 filing fee for a Petition for Dissolution of Marriage effective January 1, 2026 (response fee $301 for the responding party). A fee waiver is available: Fee Deferral or Waiver Application and Declaration waives or defers filing fee when household income is at or below 125% of federal poverty level. | divorce-petition | At filing |
| Handle service and disclosure | After filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support. | - | After filing |
| Finalize the decree | Once the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage. | - | After filing |
| Plan for the mandatory timing rule | 90 days from the service of process or appearance of the respondent before a default decree may be entered; no broader cooling-off requirement for cases with full appearance and agreement Set by Or. Rev. Stat. § 107.065; Or. Rev. Stat. § 107.095. | - | Final step |
Frequently Asked Questions
When the marriage was not solemnized in Oregon or the ground alleged is irreconcilable differences, at least one party must be a resident of or domiciled in Oregon at the time the suit is commenced and continuously for a period of 6 months prior to filing. When the marriage was solemnized in Oregon and the ground is a void or voidable marriage under ORS 106.020 or 107.015, only domicile or residency at commencement is required. This is set by Or. Rev. Stat. § 107.075.
Pure no-fault: the sole ground is irreconcilable differences between the parties that have caused the irremediable breakdown of the marriage. The governing statute is Or. Rev. Stat. § 107.025.
Oregon uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: the court divides the real and personal property of the parties as may be just and proper considering all relevant factors. There is a rebuttable presumption that both spouses contributed equally to the acquisition of property during the marriage. Separate property is set aside to the owning spouse. See Or. Rev. Stat. § 107.105(1)(f).
$287 filing fee for a Petition for Dissolution of Marriage effective January 1, 2026 (response fee $301 for the responding party) Fee Deferral or Waiver Application and Declaration waives or defers filing fee when household income is at or below 125% of federal poverty level
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