Oregon divorce laws
To file for divorce in Oregon, you or your spouse must have lived there for at least 6 months (with some exceptions). How long you must wait depends on your case; the rule is below.
Checked against official sources: Oct 24, 2026
Were you served in Oregon?
Enter the day you got the papers (the summons and the petition). We show the deadline to answer.
Guides for Oregon
Uncontested divorce
The process for agreed cases, the waiting period and the steps.
Forms and filing fees
Official forms, the filing fee, fee waivers and e-filing.
Alimony
When spousal support can be ordered, its limits and how to ask.
Custody and child support
The custody term, parenting class, calculator and agency.
Serving divorce papers
How your spouse gets the papers and the deadline to respond.
Where and how to file in Oregon
- Who can file (residency)
- For a divorce based on irreconcilable differences, at least one spouse must live in (or be domiciled in) Oregon when you file and have lived there continuously for the 6 months before filing. (The shorter 'married in Oregon' rule in the statute applies only to annulment-type grounds.)
- Waiting period
- No statutory waiting period after filing was found. Your spouse has 30 days after service to respond; after that you can ask for a default judgment or the case moves forward.
- Court
- Circuit Court in the county where you or your spouse lives
- Official forms
- Divorce forms (Oregon courts)
- Court self-help
- Divorce self-help (Oregon courts)
- Filing fee
- $301 for the first appearance by the petitioner, and $301 for the respondent (ORS 21.155(1); OJD 2026 Circuit Court Fee Schedule, effective Jan. 1, 2026).
- If you can't afford the fee
- Apply for a fee deferral or waiver with the packet in the OJD Forms Center: courts.oregon.gov: Fee waiver
- Simpler process for agreed cases
- Summary dissolution: no children (and no pregnancy), marriage of 10 years or less, no real estate, debts from the marriage of $15,000 or less, personal property under $30,000, the petitioner waives spousal support, and no other divorce case between you is pending (ORS 107.485-107.490). You still must serve your spouse. OJD iForms guided interviews help fill out the forms.
- E-filing
- Self-represented people can register for an individual OJD eFile account: courts.oregon.gov
- Law
- ORS 107.075(2) · ORS ch. 107; ORCP 7
Divorce in Oregon, step by step
Check that you can file in Oregon
For a divorce based on irreconcilable differences, at least one spouse must live in (or be domiciled in) Oregon when you file and have lived there continuously for the 6 months before filing.
Get the official forms
Use the court's official divorce forms: Divorce forms (Oregon courts) Summary dissolution: no children (and no pregnancy), marriage of 10 years or less, no real estate, debts from the marriage of $15,000 or less, personal property under $30,000, the petitioner waives spousal support, and no other divorce case between you is pending (ORS 107.485-107.490).
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court in the county where you or your spouse lives. Filing fee: $301 for the first appearance by the petitioner, and $301 for the respondent (ORS 21.155(1); OJD 2026 Circuit Court Fee Schedule, effective Jan. 1, 2026). Can't afford it? Apply for a fee deferral or waiver with the packet in the OJD Forms Center: courts.oregon.gov: Fee waiver.
Serve your spouse
Your spouse must be served with the summons and petition under ORCP 7 (personal delivery by an adult who is not you, or another allowed method).
Your spouse responds
30 days after service. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
No statutory waiting period after filing was found.
Agree, or go to mediation or a hearing
Every county must offer mediation orientation in family law cases; in some counties parents must attend mediation orientation or mediation before a custody/parenting-time hearing. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: The court must order a change of either spouse's name to a name held before the marriage if that spouse asks.
Free tools for Oregon
Pre-set for Oregon.
Divorce timeline estimator for Oregon
See the earliest date the law lets a judge sign your final divorce decree, from your filing date.
Grounds for divorce in Oregon
- No-fault ground
- irreconcilable differences that have caused the irremediable breakdown of the marriage
- Fault grounds
- Not available: no-fault only
- Law
- ORS 107.025, 107.036 (fault doctrines abolished)
Property and debts in Oregon
- System
- Equitable distribution
- The rule
- The court divides property in a way that is 'just and proper.' It presumes both spouses contributed equally to property acquired during the marriage, counts homemaking as a contribution, and treats retirement plans as property. Gifts to one spouse kept separate aren't covered by the presumption.
- Law
- ORS 107.105(1)(f)
Alimony (spousal support) in Oregon
Called spousal support. The court can order transitional support (to get education or job skills), compensatory support (for a significant contribution to the other spouse's education, training or career), and spousal maintenance (for a set or indefinite time), based on factors like length of marriage, age, health, income and earning capacity. No formula. Support ends at either spouse's death unless the judgment says otherwise. ORS 107.105(1)(d).
Children: custody and support in Oregon
- What Oregon calls custody
- custody and parenting time (parenting plan)
- Parenting class
- Depends on the county: many circuit courts require a parenting class for separating or divorcing parents (Oregon Judicial Department, Parent Education).
- Child support agency
- Oregon Department of Justice, Division of Child Support
Serving your spouse in Oregon
- How your spouse gets the papers
- Your spouse must be served with the summons and petition under ORCP 7 (personal delivery by an adult who is not you, or another allowed method). Your spouse can sign an Acceptance of Service instead.
- Time to respond
- 30 days after service
- Law
- ORCP 7; ORS 107.490(2)
Going back to a former name in Oregon
The court must order a change of either spouse's name to a name held before the marriage if that spouse asks. ORS 107.105(1)(h).
Mediation in Oregon
Every county must offer mediation orientation in family law cases; in some counties parents must attend mediation orientation or mediation before a custody/parenting-time hearing. Not required where there is a restraining order (OJD Mediation page).
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Oregon: Oregon protective order (FAPA) forms: courts.oregon.gov: Protective orders
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Free help in Oregon
Good to know in Oregon
- Oregon presumes both spouses contributed equally to property bought during the marriage, even if titled to one. (ORS 107.105(1)(f)(C))
- Summary dissolution is available for short marriages (10 years or less) with no kids or real estate. (ORS 107.485)
- The 6-month residency applies to divorces even if you married in Oregon. (ORS 107.075)
Changes in 2024–2026
OJD circuit court fee schedule updated effective Jan. 1, 2026 (divorce first appearance $301).
Divorce checklist for Oregon
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it.
Questions about divorce in Oregon
How long do you have to live in Oregon to file for divorce?
For a divorce based on irreconcilable differences, at least one spouse must live in (or be domiciled in) Oregon when you file and have lived there continuously for the 6 months before filing. (The shorter 'married in Oregon' rule in the statute applies only to annulment-type grounds.)
How long does a divorce take in Oregon?
No statutory waiting period after filing was found. Your spouse has 30 days after service to respond; after that you can ask for a default judgment or the case moves forward.
What are the grounds for divorce in Oregon?
Oregon's no-fault ground is irreconcilable differences that have caused the irremediable breakdown of the marriage. Oregon has no fault grounds.
Is Oregon a community property state?
No. Oregon uses equitable distribution. The court divides property in a way that is 'just and proper.' It presumes both spouses contributed equally to property acquired during the marriage, counts homemaking as a contribution, and treats retirement plans as property. Gifts to one spouse kept separate aren't covered by the presumption.
How much does it cost to file for divorce in Oregon?
$301 for the first appearance by the petitioner, and $301 for the respondent (ORS 21.155(1); OJD 2026 Circuit Court Fee Schedule, effective Jan. 1, 2026).
Can I get the divorce filing fee waived in Oregon?
Apply for a fee deferral or waiver with the packet in the OJD Forms Center: courts.oregon.gov: Fee waiver
Is there a simpler divorce process in Oregon?
Summary dissolution: no children (and no pregnancy), marriage of 10 years or less, no real estate, debts from the marriage of $15,000 or less, personal property under $30,000, the petitioner waives spousal support, and no other divorce case between you is pending (ORS 107.485-107.490). You still must serve your spouse. OJD iForms guided interviews help fill out the forms.
How long does my spouse have to respond in Oregon?
30 days after service
Can I change my name back in a divorce in Oregon?
Yes. The court must order a change of either spouse's name to a name held before the marriage if that spouse asks. ORS 107.105(1)(h).
Is mediation required in a divorce in Oregon?
Every county must offer mediation orientation in family law cases; in some counties parents must attend mediation orientation or mediation before a custody/parenting-time hearing. Not required where there is a restraining order (OJD Mediation page).
Do divorcing parents have to take a class in Oregon?
Depends on the county: many circuit courts require a parenting class for separating or divorcing parents (Oregon Judicial Department, Parent Education).
How does alimony work in Oregon?
Called spousal support. The court can order transitional support (to get education or job skills), compensatory support (for a significant contribution to the other spouse's education, training or career), and spousal maintenance (for a set or indefinite time), based on factors like length of marriage, age, health, income and earning capacity. No formula. Support ends at either spouse's death unless the judgment says otherwise. ORS 107.105(1)(d).