Understanding the fundamentals of divorce in Oregon.
Divorce is never easy, but understanding the basics can help reduce anxiety and allow you to make informed decisions. Oregon is a "no-fault" divorce state, which means you don't need to prove wrongdoing by either spouse to obtain a divorce.
In Oregon, the only ground for divorce is "irreconcilable differences" — meaning the marriage cannot be saved and there's no reasonable likelihood of reconciliation.
To file for divorce in Oregon, at least one spouse must have been a resident of the state for at least six months prior to filing. If you were married in Oregon but neither spouse currently lives there, you'll need to file in your current state of residence.
Every divorce involves several key issues that must be resolved, either through agreement or by the court:
"Understanding these issues early helps you prepare for productive conversations with your attorney and leads to better outcomes."
In Oregon, divorce proceedings generally fall into one of these categories:
At Crawley Law, we work with you to determine the best approach for your specific situation, always keeping your interests and the well-being of any children as our top priorities.
To file for divorce in Oregon, at least one spouse must have been a resident of the state for at least six months prior to filing. This residency requirement is established under Oregon Revised Statutes (ORS) 107.075. If you meet this requirement, you can file your divorce petition in the county where you or your spouse resides.
One important note: Oregon does not have a mandatory separation period. Unlike some states that require couples to live apart for a certain amount of time before a divorce can be finalized, Oregon allows you to file for divorce immediately and proceed with the case. The only waiting period is the mandatory 90-day waiting period from when the petition is filed to when the divorce can be finalized, which is established to provide time for reflection and negotiation.
You need only one spouse to be an Oregon resident for six months. The six-month period must be completed before the divorce is filed. If you recently moved to Oregon, you may need to wait until you meet this requirement before filing. Once you file, you must wait 90 days before the divorce can be finalized.
Oregon is a no-fault divorce state, which simplifies the divorce process considerably. Under ORS 107.025, "irreconcilable differences" is the only ground for divorce in Oregon. This means you don't need to prove wrongdoing, adultery, abandonment, or any other misconduct by either spouse.
Irreconcilable differences simply means that the marriage cannot be saved and there is no reasonable likelihood of reconciliation. This is a practical and compassionate approach that reduces conflict and allows both parties to move forward. Neither spouse needs to blame the other — the mere fact that the marriage is no longer working is sufficient grounds for divorce.
"Oregon's no-fault divorce law means you can dissolve your marriage without having to prove anything about your spouse's behavior or character."
Oregon law requires equitable (fair) distribution of marital property, as outlined in ORS 107.105. Equitable distribution does not necessarily mean equal 50/50 division — rather, it means a fair and just division based on the specific circumstances of each case.
One key distinction in Oregon property division is the difference between marital and separate property. Marital property is generally assets or debts acquired during the marriage by either spouse. Separate property includes assets owned before the marriage, property received as a gift or inheritance, and property that the parties agree is separate.
The court considers factors such as the duration of the marriage, each spouse's contribution to acquiring the property, and the economic circumstances of each party when determining a fair distribution. At Crawley Law, we work to protect your interests and ensure a fair outcome in property division.
It depends. However, Oregon courts generally require that a trial be set within 210 days of the initial filing of the Petition for Dissolution.
In Lane County specifically, the court strongly encourages that trials be set within six months of the initial filing.
Timelines vary by county and by case complexity, but courts are tasked with moving cases forward in a timely manner.
The filing fee for divorce in Oregon is currently $301 (as of February 2026).
Additional costs may include service fees, motion filing fees, deposition costs, and expert witness fees.
An attorney can provide a more specific estimate based on the complexity of your case.
While you are not required to hire an attorney, if you own a home, have children, retirement accounts, or significant assets or debts, you should strongly consider hiring one.
A divorce involves five primary issues.
Three involving children:
Two involving the financial partnership:
An attorney helps protect your rights, ensure paperwork is properly filed, negotiate on your behalf, and help you understand your options.
Typically, the family home is considered a marital asset if it was acquired during the marriage and is subject to equitable distribution. Oregon law begins with the presumption that both parties contributed equally to assets acquired during the marriage.
Courts will usually adopt any agreement the parties reach regarding the home.
If the parties cannot agree, the court may order the home sold and divide the proceeds, allow one spouse to buy out the other's interest, or award the home to one spouse in exchange for other assets.
Courts consider equitable factors, including each party's financial situation and custodial arrangements for children. If the parties cannot resolve financial issues themselves, the court will divide and disentangle the marital estate.
Debt incurred during the marriage is generally considered marital debt and is subject to equitable division.
Like assets, Oregon law begins with the presumption that both parties contributed equally to debts incurred during the marriage.
The court may assign responsibility for specific debts based on who incurred the debt, who benefited from it, each party's financial situation, and overall fairness in division.
Even if a divorce judgment assigns a debt to one spouse, creditors are not bound by that judgment. If both names remain on an account, both parties may still be legally responsible to the lender.
Retirement accounts that were contributed to during the marriage are subject to equitable division. Often, retirement accounts have accumulated value during the course of the marriage. The portions that accumulated during the marriage are presumed to be equally divided between the parties.
However, the court looks at the totality of the circumstances to adjust and make an equitable division of these retirement accounts.
Division of retirement accounts often requires a separate court order called a Qualified Domestic Relations Order (QDRO).
The federal Tax Cuts and Jobs Act removed the federal tax deduction for spousal support (alimony) payments for agreements finalized on or after January 1, 2019. Payors can no longer deduct these payments, and recipients do not report them as taxable income.
Child support payments are not tax-deductible for the payer, nor are they considered taxable income for the recipient. The IRS considers these payments a personal expense and they do not reduce the payer's taxable income. This applies regardless of state law.
Property division is generally not a taxable event at the time of division, though tax consequences may arise later when assets are sold or distributed.
You should consult a qualified tax professional regarding your specific situation.
Oregon is a no-fault divorce state. Dating during a divorce is not illegal, but it can complicate negotiations, increase conflict, and in some cases affect custody dynamics depending on the circumstances.
In Oregon, there are two types of property the court considers. Marital property is any property that either party has at the time of divorce, which the court is ordered to divide in a just and equitable manner.
Within marital property, there is a subset called marital assets. Once property is designated as a marital asset, there is a presumption that both parties contributed equally to the acquisition of that asset. This means marital assets are presumptively divided equally, though the court may adjust based on the circumstances.
Similarly, debts that were acquired during the marriage and incurred for the betterment of the family unit would likely be considered by the court as debts that both parties equally contributed to, or that should be divided in an equitable fashion. However, the court can determine what constitutes a just and equitable division of these debts as well.
Yes. Most divorces resolve through negotiation, mediation, or settlement conferences before reaching trial.
Mediation is a confidential process where a neutral third party helps spouses attempt to reach a voluntary settlement agreement.
Under ORS 107.137, the court must give primary consideration to the best interests and welfare of the child. The statute requires the court to consider the following factors:
No single factor controls the court's decision. The court evaluates the totality of the circumstances, and no preference is given to either parent based solely on gender.
Yes. Child support may be modified if there has been a substantial change in circumstances.
It depends on the type of support ordered. Some support awards are modifiable and others are not.
Oregon courts require full financial disclosure. Concealing assets can result in sanctions and other court penalties.
Not necessarily. If the case fully resolves by agreement, a trial may not be required.
Disclaimer: The information provided above is for general informational purposes only and does not constitute legal advice. Every case is different. Reading this information does not create an attorney-client relationship. You should consult directly with a qualified Oregon attorney regarding your specific situation.
Schedule a consultation to discuss your situation and options.
Schedule a Consultation