When we’re planning a wedding, often the last thing on our mind is the legal hoops we’ll have to jump through. Similarly, when a marriage is ending, we may not be thinking of the divorce laws that dictate the process married couples must go through to get divorced. This is a brief overview of divorce laws in Oregon.
Oregon Divorce Laws
State laws governing divorce can vary. If you and your spouse were married in Oregon and one of you still lives in Oregon, divorce documents can be filed immediately. Otherwise, one of you must be a state resident for at least six months in order to file for divorce. Once the other legal requirements are met, Oregon has no waiting period before a divorce becomes final. The details of Oregon’s divorce statutes are listed in the chart below.
| Code Section | Oregon Revised Statutes 107 et seq.: Marital Dissolution, Annulment and Separation |
| Residency Requirements | One party resident for 6 months prior unless marriage solemnized in state, either is resident at time of filing, dissolution based on void marriage. |
| Waiting Period | Decree final immediately; no trial until 90 days after service (unless emergency). |
| 'No Fault' Grounds for Divorce | Irremediable breakdown; separation for 1 yr. |
| Defenses to a Divorce Filing | Abolished by §107.036. |
| Other Grounds for Divorce | When either party was incapable of making contract or consenting for want of legal age or sufficient understanding. Doctrines of fault and in pari delicto abolished by §107.036 |
No Fault Divorce Laws
Oregon, along with many other states, offers what has come to be known as a “no fault†divorce wherein you don’t have to allege or prove any specific wrongdoing in order to get a divorce. Instead, you only have to demonstrate that irreconcilable differences between you and your spouse “have caused the irremediable breakdown of the marriage.†There are alternatives to the standard divorce, known as an annulment and legal separation, which have separate requirements and only apply to certain circumstances.
If you have any children with your soon-to-be ex together, Oregon child custody laws will apply, as well as the state statutes pertaining to child support guidelines and child support enforcement. You can find more information and resources in FindLaw’s section on Divorce. You can also contact an Oregon divorce attorney if you would like legal advice regarding a divorce matter.
Going Through an Oregon Divorce? An Attorney Can Help
Going through a divorce can be an emotionally and legally complicated process. You'll have to figure out matters such as dividing up your property, child custody arrangements (if applicable), and more. While this can all seem a bit overwhelming, an Oregon divorce lawyer can help make the process as smooth and favorable as possible.
