If you are considering a divorce in Oregon, you may have some questions
about how it works. Below, we have briefly summarized the process so that
you have a better idea of what to expect.
If you are looking for a fuller explanation of the process and the issues
at stake in divorce, check out our extensive online resource,
“A Guide to Divorce in Oregon.”
Here’s what you need to know about divorce in Oregon:
If you have further questions about divorce in Oregon,
contact McKinley Irvin
to request a meeting with a Portland divorce attorney. We serve clients
throughout Multnomah County, including Beaverton, Hillsboro, West Linn,
Lake Oswego, and the surrounding areas.
- Oregon is a no-fault state, which means that you don’t need to provide
a legal reason for a divorce other than claiming that you and your spouse
simply cannot get along. This is what it known as “irreconcilable
- You must have lived in Oregon for at least six months before you can file
for divorce in the county in which either of you resides. If you haven’t
lived in Oregon that long, it is still possible to obtain a legal separation
and then convert it to a divorce after you meet the residency requirement.
- To get started on your divorce, you must file a petition for dissolution
of marriage with the local county courthouse and the circuit court clerk’s
office. Then, you must have the petition, which outlines what you are
asking for in the divorce, and all other required documents served to
your spouse. You will also have to pay the required fees for the filing
and serving of the petition. Currently, it costs each party $260 to file
- After your spouse receives the petition, they will have 30 days to file
a response if they wish to challenge any of the items listed in the petition.
If they agree with all terms, no response is required – they simply
have to show up for the indicated court date. If they fail to appear after
being served, the case will be decided by default.
- Divorcing couples should hire legal representation for their divorce, especially
if the terms of the divorce are contested or if the couple has significant
assets or children together. The best time to consult an attorney is before
you file (or as soon in the process as possible).
- Mediation is a smart option for couples who wish to work out the terms
of their divorce as cooperatively and amicably as possible.
If the spouses cannot come to an agreement on things like
child support, and
spousal support, their attorneys can litigate the matter in court. The more complex the
divorce, the longer it will take to resolve and the more it will cost.
- The divorce process ends when the judge signs a judgment of dissolution
of marriage. It will then be each ex-spouse’s responsibility to
begin carrying out the court orders. If a divorce case goes to trial and
a spouse is unhappy with the outcome, Oregon does give the right to appeal
- A spouse can request a return to a former name, although one spouse cannot
force the other to change their name.