Find Legal Topics > Divorce Laws > Divorce Process in Oregon

Divorce Process in Oregon

Guide to Divorce Process in Oregon

The divorce process in Oregon is fairly similar to other states.  A divorce process in OR may vary according to each spouse’s commitment to reaching a settlement and other conditions such as children and property.  Most people hire a family law attorney when entering a divorce, but the state of Oregon makes it fairly easy for a spouse to file all the divorce paperwork themselves.  If you are unconfident in reaching a settlement you want, you should hire a lawyer to help you with the following:

• Deciding when the marriage will end

• Deciding upon custody of the children and when the other parent gets to see them

• Who pays a certain amount of child support

• Who will pay health insurance if there are any children

• Who will pay past bills

• Deciding if spousal support is needed

Filing for Divorce

The filing process for divorce in Oregon is fairly simple in some cases.  The state of OR allows a “no fault” divorce, which means a married couple can separate simply because of “irreconcilable differences.”  The only condition stopping someone from petitioning for divorce is their residency within the state and county.  A spouse must live in Oregon for at least six months before filing for divorce, and they must file in the county they reside.  In order to officially file for divorce, you must:

1) File a petition for the dissolution of marriage at the circuit court clerk’s office

2) Have the documents delivered to your spouse

3) Pay or be excused from paying the fees associated with filing the divorce.  Filing a petition in Oregon can range anywhere from $100 to $400.  

Serving Divorce Papers

If you hire a lawyer for your divorce, he or she will normally send the papers to the other spouse.  The “do it yourself” forms within the state provide instruction for serving the papers.  Another divorce petition is sent to the Division of Child Support if a petitioner receives public assistance benefits or if the child support has been set already.  

If the receiver of the petition agrees with the documents, they do not need to respond.  However, a response must be filed with the court within 30 days if the spouse does not agree with the terms of the petition. 

Mediation

The length of mediation correlates with the complexity of the divorce.  If the divorce is uncontested, the divorce process in Oregon is very simple.  Most time, a spouse can fill out all paperwork and reach a settlement without a lawyer.  However, if a divorce becomes complex, mediation is required in order to reach a settlement.

If an agreement can’t be reached in the mediation divorce process in OR, the case will be brought in front of a judge until he or she can make a final decision.  

Numerous counties around OR provide services for free mediation.  Mediation is the most important divorce process in Oregon because matters such as property division, child support, spousal support, and child custody.  

Related Topics