How to Get a Divorce in Oregon

Oregon divorce laws allow couples to divorce on a no-fault basis.

Ending a marriage is rarely an easy process. In Oregon, the state allows married couples to get divorced as long as the required legal conditions are met. Oregon marriages can be granted on the basis of irreconcilable differences, meaning neither party must accuse nor prove the other spouse of wrongdoing. Getting divorced in Oregon allows both spouses to remarry.

Instructions

1. Research the law or talk to an attorney. While you don't necessarily need an attorney to get divorced in Oregon, the divorce laws in the state can be complicated and you need to at least do some research.

2. Meet the residency requirements. According to the Oregon Bar Association, at least one spouse must have been a resident of Oregon for at least six months before filing for divorce. The party filing the divorce doesn't need to meet the requirement, but one spouse does. If neither qualify as an Oregon resident the court will likely dismiss the divorce case.

3. Draft your petition. Every Oregon divorce starts with the filing of a divorce petition, called a "Petition for Dissolution of Marriage," with the court. This petition tells the court who you are and asks it to grant your divorce. Your petition must contain all required information, including your name, the name of your spouse, the court where the petition is filed and your plea for divorce.

4. File the divorce and pay the filing fee. Once your petition is ready you must file it in an Oregon county courthouse where one of the spouses lives. You may file in any county where a spouse lives regardless of whether the filing party meets the residency requirements. The filing fees differ, so contact your county courthouse before filing.

5. Serve your spouse. The petitioner (the person filing for divorce) must ensure a copy of the filed divorce petition is personally served on the respondent. You can do this by having the sheriff's department serve the papers, hire a process server, or otherwise have someone deliver the divorce papers in person. You may not serve the divorce papers on your own spouse.

6. Go to court. The court must approve every divorce petition and enter an order dissolving the marriage. Depending on how complicated your case is, what issues are involved and whether you and your spouse can come to an agreement, this can take time. No matter what, you'll have to attend at least one hearing. When you file your petition, the clerk will assign your case a number and schedule it for your first hearing, which will be a scheduling conference. You must attend this and any other hearing ordered by the court.

Tips & Warnings

• Contact your local county courthouse. Most Oregon county courthouses have family court facilitators that can help you with self-filed divorce papers. Call and ask if they have any divorce packets or premade forms you can use.

References

• Oregon State Bar: Divorce in Oregon
• Divorce.net: Oregon Divorce FAQ's