In this section, you will find state-specific information about divorce in Oregon.
What are the grounds for divorce in Oregon?
The most common ground (reason) for divorce in Oregon is “irreconcilable differences,” which basically means that there are issues in the marriage that cannot be resolved.* A divorce or an annulment can also be based on one of the following grounds:
- Either party to the marriage was incapable of making the marriage contract because they were not of a legal age or sufficient understanding; or
- The consent of either party was obtained by force or fraud.**
However, you lose the right to get a divorce or annulment based on one of these two grounds if certain actions were taken after the marriage. For more information, talk to a lawyer who specializes in divorce.
* O.R.S. § 107.025(1)
** O.R.S. § 107.015(1)
What are the residency requirements to file for divorce in Oregon?
If you were married in Oregon, you can file for divorce in Oregon if either you or your spouse is a resident Oregon at the time you file for divorce.*
If you were not married in Oregon, you can file for divorce in Oregon if you or your spouse currently are a resident of Oregon and has lived in Oregon continuously for at least six months prior to filing for divorce.**
* O.R.S. § 107.075(1)
** O.R.S. § 107.075(2)
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
- Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. This is called “contesting the divorce.” If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you. If your spouse agrees with everything and signs the papers, this is called an “uncontested divorce.” Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce).
- Fifth, if there is property that you need divided or if you need financial support from your spouse, then you will have to work that out either in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.
Where can I find additional information about divorce?
We hope the following links to outside sources may be helpful.
WomensLaw.org is unrelated to the above organization and cannot vouch for the accuracy of the sites. We provide these links for your information only.