Oregon's rule on how to file for divorce turns on a feature the national template does not capture: At least one party must have resided in Oregon for 6 months before filing (venue generally where either resides). Grounds: No-fault: irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. Property: equitable distribution. Oregon is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. The controlling authority is Or. Rev. Stat. §§ 107.025 to 107.115. Waiting period: No lengthy mandatory cooling-off beyond ordinary circuit-court caseflow; uncontested dissolutions can finalize after service and disclosures. File in Circuit court in the county where either party resides.
Key takeaways
- Residency: At least one party must have resided in Oregon for 6 months before filing (venue generally where either resides).
- Grounds: No-fault: irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
- Property: equitable distribution — Oregon is an equitable-distribution state.
- Waiting period: No lengthy mandatory cooling-off beyond ordinary circuit-court caseflow; uncontested dissolutions can finalize after service and disclosures.
- Filing forum: Circuit court in the county where either party resides.
- Primary authority: Or. Rev. Stat. §§ 107.025 to 107.115.
Worked example under Oregon law
The illustration below uses only rules already stated for Oregon. It is a research hypothetical, not a prediction of what a court will do.
A spouse wants to file for divorce in Oregon and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in Oregon for 6 months before filing (venue generally where either resides).
- Plead grounds Oregon recognizes: No-fault: irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
- Expect property division under equitable distribution: Oregon is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No lengthy mandatory cooling-off beyond ordinary circuit-court caseflow; uncontested dissolutions can finalize after service and disclosures. A petition for dissolution is filed in circuit court. Temporary relief can address support and parenting. Contested property is divided equitably. The judgment dissolves the marriage and resolves support and a parenting plan.
Oregon Judicial Department family-law forms and Legal Aid Services of Oregon assist with uncontested filings.
Residency and where to file
At least one party must have resided in Oregon for 6 months before filing (venue generally where either resides). File in the Circuit court in the county where either party resides. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Oregon
No-fault: irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Oregon.
Property division: equitable distribution
Oregon is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No lengthy mandatory cooling-off beyond ordinary circuit-court caseflow; uncontested dissolutions can finalize after service and disclosures.
The typical Oregon divorce process
A petition for dissolution is filed in circuit court. Temporary relief can address support and parenting. Contested property is divided equitably. The judgment dissolves the marriage and resolves support and a parenting plan.
Self-help and when to hire counsel
Oregon Judicial Department family-law forms and Legal Aid Services of Oregon assist with uncontested filings.
Related Oregon guides
Case law: divorce in Oregon
Phillips v. Thorp
Phillips v. Thorp, 10 Or. 494 (1883)
…o between the plaintiff and defendant, pendente lite, for a divorce, in which it was agreed, in consideration of the same and to settle all questions of property and alimony, the plaintiff was to release all claim to the real and personal property of the defendant, and to prosecute to final determination the said divorce suit, paying all costs and expenses therefor, and the def…
Oregon opinions such as Phillips v. Thorp are cited where divorce is disputed. The court stated: "o between the plaintiff and defendant, pendente lite, for a divorce, in which it was agreed, in consideration of the same and to settle all questions of property and alimony, the plaintiff was to release all claim to the real and personal property of the defendant, and to prosecu" That is the language to brief; the rest of the decision supplies the procedural posture.
OREGON STATE BAR, Respondent, v. GILCHRIST Et Al, Appellants
OREGON STATE BAR, Respondent, v. GILCHRIST Et Al, Appellants, 272 Or. 552 (1975)
…cing law through the advertising and sale of do-it-yourself divorce kits. Defendant Bev Coloma consented to the entry of a decree against her as prayed for in the complaint and is not a party to this appeal. Prom an adverse decree the defendants Gilchrist and Lavorato appeal. The defendants John W. Gilchrist and Robert J. Lavorato, neither of whom are licensed to practice law,…
Oregon opinions such as OREGON STATE BAR, Respondent, v. GILCHRIST Et Al, Appellants are cited where divorce is disputed. The court stated: "Defendant Bev Coloma consented to the entry of a decree against her as prayed for in the complaint and is not a party to this appeal. Prom an adverse decree the defendants Gilchrist and Lavorato appeal. The defendants John W. Gilchrist and Robert J." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of the Marriage of Linda A. GROSSMAN, Respondent on Review, and Richard M. GROSSMAN, Petitioner on Review
…roperty settlement or spousal support in any dissolution or divorce decree.” The agreement also contained the following paragraph: “5. The parties now contemplate that they will physically separate within the next week or so and that they may thereafter seek a dissolution of their marriage. In contemplation of a dissolution, the parties desire to make a complete and final settl…
Practitioners open In the Matter of the Marriage of Linda A. GROSSMAN, Respondent on Review, and Richard M. GROSSMAN, Petitioner on Review when Oregon divorce turns on the distinction in this sentence: "The agreement also contained the following paragraph: “5. The parties now contemplate that they will physically separate within the next week or so and that they may thereafter seek a dissolution of their marriage." Do not lift it out of the facts the court was deciding.
HARDER, Appellant—Cross-Respondent, v. HARDER, Respondent—Cross-Appellant — Fort, J., dissenting
…of the court’s opinion 346which holds that a motion in the divorce suit to set aside a divorce decree entered in August 1970 on the ground of fraud in obtaining the property settlement agreement entered into in July 1970 and incorporated in the decree is proper. In Miller v. Miller, 228 Or 301, 365 P2d 86 (1961), the court said: " The appropriate procedure for attacking a…
Oregon opinions such as HARDER, Appellant—Cross-Respondent, v. HARDER, Respondent—Cross-Appellant — Fort, J., dissenting are cited where divorce is disputed. The court stated: "August 1970 on the ground of fraud in obtaining the property settlement agreement entered into in July 1970 and incorporated in the decree is proper. In Miller v." That is the language to brief; the rest of the decision supplies the procedural posture.
HODLER v. HODLER
HODLER v. HODLER, 95 Or. 180 (1919)
…e and child. He alleges that *195Emma Roe Hodler obtained a divorce from Mm in Iowa on November 21,1888, and it appears that soon thereafter she married his brother. He also alleges that on January 13, 1896, he instituted a suit for divorce against her in the Circuit,Court of the State of Oregon for Yamhill County, in which findings of fact were made and a decree was rendered i…
On divorce, HODLER v. HODLER speaks to the Oregon dispute in this passage: "He alleges that *195Emma Roe Hodler obtained a divorce from Mm in Iowa on November 21,1888, and it appears that soon thereafter she married his brother." The surrounding opinion shows how the court applied that language to the record.
Mignot v. Mignot
Mignot v. Mignot, 187 Or. 142 (1949)
…aintiff Maxine Mignot brought this suit seeking a decree of divorce, custody of the minor child, support for said child and attorney’s fees and costs. The complaint alleged cruel and inhuman treatment. The defendant answered seeking a divorce from the plaintiff and custody of the minor child. It was alleged in the complaint and admitted in the answer that there were no property…
Practitioners open Mignot v. Mignot when Oregon divorce turns on the distinction in this sentence: "Maxine Mignot brought this suit seeking a decree of divorce, custody of the minor child, support for said child and attorney’s fees and costs. The complaint alleged cruel and inhuman treatment." Do not lift it out of the facts the court was deciding.
SHARP, Appellant, v. SHARP (No. 371-957), Respondent
SHARP, Appellant, v. SHARP (No. 371-957), Respondent, 12 Or. App. 421 (1973)
FORT, J. This divorce appeal presents a challenge by the appellant-wife only to the property division made by the trial judge, who granted dissolution of the marriage res on the grounds of irreconcilable differences. No appeal is taken from that portion of the decree. Although both the complaint and the cross-complaint were filed pr…
Oregon opinions such as SHARP, Appellant, v. SHARP (No. 371-957), Respondent are cited where divorce is disputed. The court stated: "FORT, J. This divorce appeal presents a challenge by the appellant-wife only to the property division made by the trial judge, who granted dissolution of the marriage res on the grounds of irreconcilable differences. No appeal is taken from that portion of the decree." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
How long do I have to live in Oregon before filing for divorce?
At least one party must have resided in Oregon for 6 months before filing (venue generally where either resides).
Is Oregon a community-property state?
Oregon follows equitable distribution. Oregon is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in Oregon?
Oregon Judicial Department family-law forms and Legal Aid Services of Oregon assist with uncontested filings.
What happens to child custody in a Oregon divorce?
Custody and parenting time are decided under Oregon’s best-interests framework. See child custody and parenting time in Oregon.
This guide covers Oregon law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.