How long does it take to get divorced in Oregon?

Oregon's minimum waiting period is 90 days after filing for couples with children, and 60 days for couples without children. Uncontested divorces where both parties agree on everything can be finalized in 3–4 months. Contested divorces with custody or property disputes can take 6 months to 2+ years. The more you and your spouse agree on ahead of time (through negotiation or mediation), the faster and cheaper your divorce will be.

How is property divided in an Oregon divorce?

Oregon is an 'equitable distribution' state — meaning marital property is divided fairly, but not necessarily 50/50. Courts consider: length of marriage, each party's contributions (including non-financial like homemaking), each party's earning capacity, and the economic circumstances of each party. Separate property (owned before marriage or inherited during marriage) usually stays with the original owner. Debts acquired during marriage are generally split between the parties. Document all assets and debts before filing.

Can I get divorced in Oregon without going to trial?

Yes. Most Oregon divorces are finalized without a trial through: (1) Agreement — both parties sign a marital settlement agreement covering all issues; (2) Default — if one party doesn't respond to the divorce filing, the other party can proceed without them; or (3) Summary dissolution — available to couples with no children, limited assets, and who meet certain criteria. Mediation (often required by courts anyway) can help you reach agreement without the cost and time of a trial. Oregon Judicial Department has free and low-cost mediation resources.

How much does a divorce cost in Oregon and do I need a lawyer?

Oregon divorce costs vary widely: DIY (forms only) costs around $300 in court fees; mediated settlement can run $2,000–$5,000 total; contested litigation can cost $10,000–$50,000+ depending on complexity and duration. You do not legally need a lawyer to get divorced in Oregon if your case is simple. Legal Aid Services of Oregon offers free and reduced-cost family law help for qualifying individuals. If there are significant assets, children, or abuse history — strongly consider at least consulting an attorney.

What are the residency requirements to file for divorce in Oregon?

To file for divorce in Oregon under ORS 107.075, you or your spouse must have been a resident of Oregon for at least 6 months before filing. You file in the circuit court of the county where either spouse resides. If only one spouse lives in Oregon, you can still file here as long as the 6-month residency requirement is met, though there may be limitations on what the court can order about property or children located outside Oregon.

How is property divided in an Oregon divorce?

Oregon follows 'equitable distribution' — not necessarily a 50/50 split, but what the court deems fair. Marital property (acquired during the marriage) is divided equitably. Separate property (owned before marriage, or received as a gift or inheritance) generally stays with the original owner. Factors courts consider include: length of marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking), and future earning potential. Spouses can agree to any property division in a settlement.

How does child custody work in Oregon divorce?

Oregon courts prioritize the child's best interests under ORS 107.137. There are two types: legal custody (decision-making about education, healthcare, religion) and physical custody (where the child lives). Courts strongly favor parenting arrangements that allow the child to maintain a meaningful relationship with both parents. Joint custody is common when parents can cooperate. Courts consider: child's emotional ties to each parent, willingness to facilitate the other parent's relationship, child's adjustment to home/school/community, and any history of domestic violence.

How long does an Oregon divorce take?

Oregon has a mandatory 90-day waiting period after filing before a divorce can be finalized. An uncontested divorce where spouses agree on everything can be done in 90–120 days total. A contested divorce with disputed property, custody, or support can take 6–18 months or longer, depending on court schedules and the complexity of issues. Using mediation can significantly reduce the timeline and cost compared to litigation.

Can I get a divorce in Oregon without a lawyer?

Yes — Oregon allows self-represented (pro se) divorce, and many simple uncontested divorces are handled this way. If you and your spouse agree on all issues (property, custody, support), and there are no complex assets or significant disagreements, you can file using Oregon's standard court forms. However, if there are children, significant property, a business, pension/retirement accounts, or any disputes, an attorney is strongly recommended. Mistakes in divorce decrees are very difficult to correct later.

Oregon Divorce: What You Need to Know

✓ Oregon Legal Guide Updated March 2026 ORS 107 — Dissolution of Marriage

Divorce is one of the most significant legal events in a person's life. Oregon calls it "dissolution of marriage" — and while the state makes it relatively straightforward for uncontested cases, the decisions you make about property, custody, and support will affect you for years. This guide walks you through everything you need to know.

Oregon is a No-Fault Divorce State

Under ORS 107.025, Oregon only requires "irreconcilable differences" as grounds for divorce. You do not need to prove fault (adultery, abuse, etc.) to get a divorce. Either spouse can file for divorce at any time, and the other spouse cannot legally prevent it.

Filing Requirements

To file for divorce in Oregon, you must meet:

Residency (ORS 107.075): At least one spouse must have been an Oregon resident for 6 months before filing. There is no required separation period before you can file.
Venue: File in the circuit court of the county where either spouse lives. Filing fee is approximately $275–$325 (varies by county). Fee waivers available if you qualify based on income.
Basic forms: Petition for Dissolution of Marriage, Summons, and (if applicable) a Parenting Plan, Financial Affidavit, and Uniform Support Declaration.

How Oregon Divides Property

Oregon follows equitable distribution under ORS 107.105. "Equitable" means fair, not necessarily equal:

Marital property: Assets and debts acquired during the marriage are subject to division. Oregon courts start with a presumption of equal division, but adjust based on circumstances.
Separate property: Assets owned before marriage, or received as gifts or inheritance during marriage, are generally not divided — but can be if commingled with marital assets.
What courts consider: Length of marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking and child-rearing), taxes, and which parent has primary custody of children.
Retirement accounts: 401(k)s, pensions, and IRAs accumulated during marriage are marital property. Division typically requires a QDRO (Qualified Domestic Relations Order) — a separate court order.
Debts: Marital debts (credit cards, mortgages, car loans taken during marriage) are also divided, even if only one spouse's name is on the account.

Child Custody in Oregon

Oregon courts make custody decisions based solely on the best interests of the child under ORS 107.137. There are two components:

Legal custody: Who makes major decisions about the child's education, healthcare, and religious upbringing. Can be joint (both parents decide together) or sole (one parent decides).
Physical custody (parenting time): Where the child lives and how time is divided. Even with sole physical custody, the other parent typically gets substantial parenting time.

Joint Custody

Both parents share decision-making
Requires parental cooperation
Cannot be ordered over objection of both parents
Preferred when parents communicate well

Sole Custody

One parent makes major decisions
Other parent still gets parenting time
Common when parents can't cooperate
Or when one parent is unfit or unavailable

Factors courts consider include: the child's emotional ties to each parent, each parent's willingness to support the child's relationship with the other parent, the child's adjustment to home, school, and community, and any history of domestic violence or abuse.

Parenting plans are required in all Oregon divorces involving children. A detailed plan specifying regular parenting time, holidays, school breaks, and decision-making procedures is included in the divorce decree.

Child Support

Oregon uses the Income Shares Model under ORS 25.275. Child support is calculated based on:

Both parents' gross income
Number of children
Parenting time split
Work-related childcare costs
Health insurance costs

Oregon has an online child support calculator at oregonchildsupport.gov. Support continues until the child turns 18 (or 21 if still in school and not self-supporting).

Spousal Support (Alimony)

Oregon courts may award spousal support under ORS 107.105 in three forms:

Transitional support: Short-term support while a lower-earning spouse retrains or gains employment — typically 1–3 years.
Compensatory support: Compensates a spouse for significant contributions to the other's career or education.
Maintenance support: Long-term or permanent support in long marriages where there is a significant income disparity and the lower-earning spouse cannot become self-supporting.

Timeline and Costs

Oregon has a mandatory 90-day waiting period — your divorce cannot be finalized until at least 90 days after the other spouse is served.

Scenario	Typical Timeline	Estimated Cost
Uncontested, no children, simple assets	90–120 days	$300–$800 (filing + forms)
Uncontested with children, mediated agreement	3–6 months	$1,500–$5,000
Contested custody or property	6–18 months	$10,000–$30,000+
High-conflict, trial required	1–3 years	$30,000–$100,000+

Mediation vs. Litigation

Oregon courts strongly encourage mediation before contested hearings. Mediation is:

Faster: Usually resolves in 1–3 sessions vs. months of court litigation
Cheaper: Mediators charge $150–$300/hour; attorneys charge $250–$500+/hour
More control: You decide the outcome, not a judge
Less adversarial: Better for co-parenting relationships after divorce
Required in some counties: Some Oregon circuit courts require mediation for custody disputes before setting a contested hearing

Get Guidance for Your Family Law Situation

Divorce questions are specific to your circumstances. Get personalized analysis of your situation, what to expect, and what to prioritize.

Analyze My Family Law Situation

Do You Need a Lawyer?

Oregon allows self-represented (pro se) divorce. Whether you need an attorney depends on your situation:

You might be OK without one if: Both spouses agree on all terms, there are no children or minor disputes about custody, you don't own real estate or significant assets, and there are no domestic violence concerns.
You should strongly consider a lawyer if: You have children and disagree on custody, you own a home, business, or retirement accounts, there is any history of domestic violence or power imbalance, your spouse has an attorney, or the marriage lasted more than 5 years with significant assets.

Even if you represent yourself, a one-time consultation with a family law attorney ($150–$300) to review your paperwork before filing is worth the cost.

Oregon Divorce Resources

Oregon Judicial Department — courts.oregon.gov — Free divorce forms and instructions, self-help center locator
Oregon State Bar Lawyer Referral — osbar.org — Find family law attorneys; first consult often $35 for 30 minutes
Legal Aid Services of Oregon — legalaidservices.org — Free legal help for low-income Oregonians
Oregon Child Support Program — oregonchildsupport.gov — Calculate support, manage orders
Oregon Mediation Association — mediate-oregon.org — Find mediators for family law matters

Remember: Your divorce decree is a permanent legal document. Mistakes are very difficult to correct after the fact. Take the time to understand what you're agreeing to — especially regarding custody, retirement accounts, and real estate.