CFP®, CDFA® | Divorce Financial Planner and Mediator
Divorce is a highly stressful and, at times, lonely process, but it’s a step that affects more people than you might realize. State health statistics in Oregon recorded about 13,500 divorces statewide in 2019, or a rate of 8.3 new divorces per 1,000 women.
If you’re an Oregon resident who is considering filing for divorce, or if you’ve received divorce papers, it’s important to prepare yourself for the decisions ahead so that you can and navigate property division and other financial challenges with confidence. While you may need legal advice or a family law attorney, depending on your situation, we’ve aimed to provide you with information to help you learn more about the divorce process in Oregon. This includes how to petition for a dissolution of marriage, child support, spousal support, and more.
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How to File for Divorce in Oregon
In Oregon, a divorce also is called a “dissolution of marriage.” The Oregon State Bar says a divorce judgment decides:
- the end date of your marriage
- a parenting plan, if necessary, that specifies child custody, visitation of minor children, child support, and payment of health insurance and medical expenses
- whether one spouse pays spousal support, also known as alimony
- how to divide assets and debts–for instance, dividing property such as real estate and retirement benefits
If you have a Registered Domestic Partnership, you’ll file a similar petition for dissolution that also covers dividing assets and debts, alimony, and a parenting plan if necessary.
Divorce Requirements in Oregon
To file for divorce (or the dissolution of a domestic partnership) in Oregon, you must meet the state’s residency requirements. Oregon law requires that either you or your spouse or partner be a state resident. Even if you weren’t married in Oregon, one spouse must have lived in Oregon for at least six months.
Either you or your spouse can file for divorce or dissolution in the county where you live, or you can file as co-petitioners.
Types of Divorce in Oregon
Like many other states, Oregon is a no-fault divorce state, meaning that you can get a divorce without specifying fault-based grounds such as:
- marriage to a minor without parental consent
- marriage to someone who lacked the mental capacity to consent
- marriage under duress, fraud, or force
In a no-fault divorce, you only need to say in the divorce petition that the marriage cannot continue because of irreconcilable differences.
Oregon also has a summary dissolution, a fairly simple divorce process that the state bar says applies if:
- you were married less than 10 years
- you and your spouse owe no more than $15,000 in debt
- you and your spouse have personal property totaling less than $30,000
- you and your spouse do not own real estate
- neither you nor your spouse has minor children, nor are you expecting a child together
- neither party has children older than 18 who are attending school
- neither party seeks spousal support
Some childless couples who do not meet those other requirements can file for an uncontested divorce if both parties agree on all other matters, such as division of property and division of child support. However, if either party contests the divorce, the couple has children, or the parties disagree about any major issue such as child custody, you likely need to hire a divorce attorney before filing for divorce.
Paperwork Needed to Get a Divorce in Oregon
The Oregon Judicial Department has posted divorce papers online for both petitioners and respondents divided by those with and without children.
If you meet the summary dissolution requirements, you can file as co-petitioners using a short form available at your county courthouse. Some Oregon counties also have family court facilitators available to assist people filing divorce papers, such as the short form or self-help forms.
How Do I Begin Getting a Divorce in Oregon?
The first step in filing for divorce in Oregon is completing the paperwork for the dissolution of marriage. You (or your divorce attorneys, if needed) will file this divorce petition with the court clerk’s office at your county courthouse.
The petition includes information such as how long you have been married and facts about your assets, including real property, personal property, business interests, and pensions. It also includes facts about your liabilities or debts, including mortgages, student loans, vehicle loans, and credit card debts.
After you file your petition, the next step is that you must arrange to deliver the petition and other documents to your spouse. You cannot serve your spouse with this form yourself. Oregon law says that you must use a process server or a “competent person” age 18 years or older. If your spouse or partner has attorneys, you must arrange to deliver the divorce papers to them as well. After acceptance of service, your spouse or partner has 30 days to respond to the court papers.
How Much Does It Cost to File for Divorce in Oregon?
Even if you don’t have divorce attorneys, the cost of divorce in Oregon isn’t free. There are several filing fees, including:
- the petition filing fee (about $290, as of 2019)
- the cost to serve your spouse (about $40 and up, depending on difficulty in reaching your spouse and the process serving company that you use)
- response fee (same as the petition filing fee, but the spouse who receives the divorce papers pays this)
- motion filing/respondent fees (which either party may pay whenever filing a motion or response to a motion with the court)
- trial fee (a cost that the petitioner pays if the divorce case goes to trial)
How Long Does a Divorce Take in Oregon?
As you might imagine, the time it takes for a dissolution of marriage or domestic partnership depends on your situation’s complexity. On average, a divorce can take about six months to a year. The Oregon State Bar says that some courts require that both parties resolve a divorce case within a year of filing the petition. However, filings related to child support, custody, and alimony often require court hearings, which affect the timeline. So do any disputes in the case over dividing assets, property, and debts.
You or your spouse also may decide to pursue an alternative resolution method for your case, such as mediation or arbitration instead of attorneys.
Oregon Divorce Requirements You Need to Know
Oregon divorce forms vary slightly depending on whether you’re filing a petition for dissolution of marriage with or without children. In general, the paperwork in a divorce case includes:
- the petition
- information regarding the continuation of health coverage
- a confidential information form for each party
- a notice of filing this confidential information form
- a certificate of service
- acceptance of service
- a notice of proposed judgment
- a declaration in support of that judgment
- a general judgment of dissolution of marriage or registered domestic partnership
If your divorce case involves children, the paperwork also will include forms such as a certificate of mailing to the division of child support.
Protecting Your Assets After a Divorce
Simplify My Divorce is not a law firm or a lawyer referral service. Rather, we’re a group of financial professionals who understand how confusing and difficult a divorce can be and want to help you protect your financial future. We believe that financial guidance about a divorce shouldn’t be available solely by paying a high-priced lawyer or another financial professional.
Learn how we can prepare you to navigate your divorce with confidence by clicking on “more information about our Free Divorce Preparation Bootcamp.”