Divorce in Oregon — the plain-English overview

Oregon calls divorce dissolution of marriage and was one of the first states to adopt pure no-fault divorce (1971). The statute is procedurally light by national standards — no statutory waiting period, no required separation, no fault grounds — and the substantive rules around property, support, and custody track most other Western states. None of this replaces talking to an Oregon family-law attorney about your specifics, but knowing the basics helps you read your own paperwork.

Where you file

Oregon dissolutions are filed in the Circuit Court of the county where either spouse lives. At least one spouse must have been an Oregon resident for 6 months before the petition is filed (ORS 107.075).

Circuit Court is the trial court of general jurisdiction in Oregon. Multnomah (Portland), Washington, Clackamas, Lane (Eugene), and Marion (Salem) counties handle the largest family-law caseloads. Each judicial district has its own family-law calendar and local rules.

How long it takes

Oregon doesn't impose a statutory cooling-off period between filing and the entry of a decree. The only ground is that irreconcilable differences have caused the irremediable breakdown of the marriage (ORS 107.025). If one spouse alleges it and the other doesn't deny it, the court accepts the finding.

If kids are involved, Oregon requires both parents to complete an approved parent-education program before the final judgment.

Property — what state law assumes

Oregon is an equitable distribution state. The court divides marital assets in a manner that is just and proper in all the circumstances (ORS 107.105). The statute carries a rebuttable presumption that both spouses contributed equally to the acquisition of marital assets — which, in practice, means Oregon courts often start at 50/50 and require a documented reason to deviate.

Pre-marital property, inheritances, and individual gifts can stay separate, but the same statute gives the court significant discretion to reach those assets if the just-and-proper analysis requires it.

Custody — the starting framework

Oregon has no statutory presumption in favor of joint or sole custody. The court decides based on the best interest of the child, weighing the factors at ORS 107.137 — the emotional ties between the child and other family members, the interest and attitude of each parent toward the child, the desirability of continuing an existing relationship, any abuse of one parent by the other, the preference for the primary caregiver if fit, and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

The statute uses legal custody (decision-making) and parenting time (when the child is with each parent). Joint legal custody requires both parents' agreement in Oregon — the court cannot impose joint legal custody over either parent's objection. If the parents can't agree, the court awards sole legal custody to one parent.

Parenting time can be set by agreement or — if the parents can't agree — through the court's adoption of a parenting plan. Oregon courts often refer contested matters to mediation through the county's Conciliation Services before a contested hearing.

Filing fees and fee waivers

The Circuit Court filing fee for an Oregon dissolution petition is approximately $301 statewide. The responding spouse pays a separate appearance fee (around $301).

If you can't afford the fee, Oregon lets you apply for a fee deferral or waiver under ORS 21.682. You file an application showing your income, household expenses, and assets; eligibility is set by reference to federal poverty guidelines. If granted, the court either defers payment to a later date or waives the fees outright.

What this page can't tell you

Oregon's 27 judicial districts run dissolution practice with some local variation:

• Whether your county has dedicated Conciliation Services for mediation (Multnomah, Washington, and several others do; smaller counties may not).
• Local rules on status conferences and case-management scheduling.
• Whether your court requires e-filing for self-represented parties.
• The specific parent-education provider your county approves.

The Oregon Judicial Department (courts.oregon.gov) hosts statewide forms (the Family Law packets), self-help resources, and procedural guides. Your county's Circuit Court Clerk is the authoritative source for local rules and fee schedules. For anything strategic — especially around equitable division, spousal support, or contested parenting time — talk to an Oregon family-law attorney.

Statutes referenced

• Residency — ORS 107.075
• No-fault grounds (irreconcilable differences) — ORS 107.025
• Equitable distribution & equal-contribution presumption — ORS 107.105
• Custody — best-interest factors — ORS 107.137
• Fee deferral / waiver — ORS 21.682

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.