To file for divorce, you must file a Petition for Dissolution of Marriage with the appropriate circuit court. The Petition identifies the parties, describes the marriage, and outlines the relief being requested. Depending on the circumstances, this may include requests relating to:

• Child custody
• Parenting time
• Child support
• Spousal support
• Property division
• Attorney fees

Importantly, filing the Petition does not mean every issue has already been decided. Many requests are made simply to preserve the opportunity to negotiate those issues later.

Before filing for divorce in Oregon, at least one spouse must generally have lived in Oregon for six months immediately before filing. If you recently moved or your spouse lives in another state, the residency requirements can become more complicated. An attorney can help determine where your divorce should be filed.

Oregon is a no-fault divorce state. This means that neither spouse has to prove adultery, abandonment, abuse, or any other misconduct to obtain a divorce. Instead, the spouse filing for divorce generally alleges that the marriage has suffered "irreconcilable differences" that cannot be resolved.

Unfortunately, there is no single answer. Some uncontested divorces are completed within a couple of months. Highly contested cases involving custody disputes, businesses, or substantial assets may take a year or longer. The timeline often depends upon (among other factors):

• Whether children are involved
• The complexity of the financial issues
• Court scheduling
• Whether mediation is successful
• The willingness of the parties to negotiate

Yes. If you and your spouse agree on all issues, you may be able to complete an Oregon divorce without attending a trial or appearing at a contested court hearing. You must still file the required documents, submit a stipulated judgement, and obtain a judge’s approval. You are not legally divorced until the court signs and enters the judgment. If disputes remain, a hearing or trial may be necessary. 

Your spouse cannot prevent an Oregon divorce simply by refusing to sign the papers. After your spouse is served, they generally have 30 days to file a response. If they do not respond, you may ask the court for a default judgment. We recommend consulting with an attorney as you take this route.

Once a divorce is finalized by a judge in Oregon, the marriage is legally ended. A legal separation, by contrast, does not terminate the marriage, meaning that both the parties are unable to marry another person. Some couples may choose to legally separate instead of divorce for financial, religious, or cultural reasons.

 In Oregon, both proceedings can address property, debt division, spousal support, child custody, parenting time, and other issues.

Temporary orders are court orders that remain in effect while a divorce or legal separation is pending. Their purpose is to establish practical rules that allow the parties to continue living their lives while the legal process moves forward. Without temporary orders, important questions might remain unanswered for months, including:

• Where will the children live?
• When will each parent see the children?
• Who will pay the mortgage?
• Who will remain in the family home?
• How will bills be paid?
• Will one spouse need temporary financial support?

Temporary orders help answer these questions until the court enters a final judgment or the parties reach their own agreement. Please see our blog post on Temporary Matters.

The cost of an Oregon divorce largely depends on the path that you take. An uncontested, self-represented divorce may cost little beyond filing and service fees. In a contested case, however, attorney fees, mediation, custody evaluations, and trial preperation can raise the total cost signficantly. 

Choose a Portland divorce attorney with substantial Oregon family-law experience, especially in cases involving issues similar to yours, such as custody, support, complex assets, or domestic violence. During consultations, ask about strategy, communication practices, experience with settlement versus litigation, billing, retainers, and likely next steps. Look for someone who explains risks clearly, does not guarantee results, and whose priorities and values align with your own.

Make sure to bring personal identification, any existing court papers, prior judgments or orders, a timeline of important events, and your questions or goals. For divorce or support matters, gather marriage documents, recent tax returns, pay stubs, bank and retirement statements, property and debt information, and monthly expenses. For custody issues, bring the current parenting schedule, relevant communications, and records concerning the children. Organizing documents beforehand helps the attorney assess the case efficiently. 

You should gather essential financial documents, including monthly bank statements, tax returns, tax payments, pay stubs, mortgage records, insurance policies, information about property and debts, and a full credit report. Additionally, prepare a realistic post-divorce budget, and avoid any unusual or unnecessary withdrawals or new debt.