Oregon Divorce: What You Need to Know

The judicial procedure that formally dissolves a marriage in Oregon is referred to as a divorce, or more formally as a dissolution of marriage. Divorces in Oregon are conducted by the Circuit Court, Family Law Division, in the county where either spouse resides. Each state has its regulations. This guide to divorce in Oregon covers court procedures, waiting periods, types of divorces, residency requirements, county-level filing information, and how to access divorce records. Discussed here are the legal and procedural aspects of divorce, not relationship counseling.

How Does Divorce Work in Oregon?

In Oregon, you have to be a resident before you can file for divorce. At least one spouse must have been a resident of the state at the time of filing, or one spouse must have resided in Oregon for at least six months before filing.

The state of Oregon allows divorces without blame. “Irreconcilable differences” is the only prerequisite, and this means the marriage cannot be saved. While the divorcing couple does not need to establish fault, such as adultery or cruelty, misconduct may influence custody or property decisions.

In Oregon, there is no required waiting period. Depending on the nature of disagreements and trial dates, a contested divorce may take several months or more to complete. In contrast, an uncontested divorce can be finalized in a few weeks after the necessary paperwork is submitted.

Types of Divorce in Oregon

Oregon law provides several types of divorce:

• Uncontested divorce: Both spouses agree on all aspects of the divorce, including custody, property division, and financial matters. These cases are faster and less expensive.
• Contested divorce: Disagreements exist, requiring hearings and possibly a trial. These cases are more time-consuming and costly.
• No-fault divorce: Based on irreconcilable differences, the only ground recognized in Oregon.
• Summary dissolution: A simplified process available to couples with no children, limited property, and short marriages.
• Collaborative divorce: Couples may use attorneys and mediators to negotiate settlements outside of trial.
• Legal separation: Oregon allows legal separation, which does not dissolve the marriage but sets custody, property, and support arrangements while spouses live apart.

Oregon Divorce Court Process and Forms

In Oregon, divorces are filed in the Circuit Court, Family Law Division, of the county where one spouse resides. When one spouse, known as the petitioner, submits a Petition for Dissolution of Marriage, the procedure starts.

Other required documents may include:

• Summons
• Certificate of Residency
• Financial Affidavit
• Parenting Plan (if children are involved)
• Child Support Worksheets
• Marital Settlement Agreement (for uncontested cases)

The petition and summons must be served to the other spouse, known as the respondent, typically by a sheriff, process server, or by acceptance of service. The respondent has 30 days to respond.

Both parties must disclose their financial information, including income, debts, assets, and expenses. Before custody orders are completed, parents of minor children involved must finish a Parent Education Class.

If the divorce involves a custody or parenting conflict between the couple, judges may order them to attend mediation. However, if they cannot reach an agreement during mediation, the case proceeds to hearings and trial.

To officially dissolve the marriage and establish some guidelines for spousal maintenance, property distribution, custody, and support, the judge will have to sign a General Judgment of Dissolution of Marriage.

City- and County-Level Filing Details

Divorces in Oregon are filed at the county level in Circuit Courts. Here are details for some of the largest counties:

• Multnomah County (Portland):
  • Courthouse: The Circuit Court in Multnomah County is located in Portland, specifically at 1200 SW 1st Avenue, Portland, OR 97204.
  • Services: This court offers an online case lookup service and orders mandatory parenting classes in custody cases.
• Washington County (Hillsboro):
  • Courthouse: The Circuit Court for Washington County is in Hillsboro, and you may find it at 145 NE 2nd Avenue, Hillsboro, OR 97124.
  • Services: The Washington County Circuit Court offers self-help forms online and provides mediation, which is often required in family disputes.
• Clackamas County (Oregon City):
  • Courthouse: To visit the Circuit Court serving Clackamas County, please locate it at 807 Main Street, Oregon City, OR 97045.
  • Services: The Clerk of this Court can help with the necessary guidance on properly filing your divorce documents; the court also requires parenting education when children are involved.
• Lane County (Eugene):
  • Courthouse: The circuit court for Lane County is located in Eugene. You can visit the court at 125 E. 8th Avenue, Eugene, OR 97401.
  • Services: Filing packets for this court are available online; Lane County offers mediation services in custody disputes.
• Marion County (Salem):
  • Courthouse: Marion County Circuit Court can be located at 100 High Street NE, Salem, OR 97301.
  • Services: The Clerk of this court provides self-help packets; the court typically requires a parenting education program in custody cases.

How to Search for Divorce Records in Oregon

In Oregon, divorce documents are typically made public, although private information, including bank account details, Social Security numbers, and information about young children, is redacted. The Circuit Court Clerk in the county where the divorce was finalized is responsible for maintaining the records.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested for a fee.
• Online: The Oregon Judicial Case Information Network (OJCIN) provides docket summaries, though full documents must be obtained from the courthouse.
• Vital Records: The Oregon Centre for Health Statistics, Vital Records Office issues divorce certificates (summary records, not full decrees) for divorces finalized since 1925. This list names the spouses, date, and county of divorce.
• Third-party services: Some private record search sites may offer case details, but only the court or Vital Records can issue certified documents.

The names of both spouses, the divorce date and county, the case number, and the court's rulings on support, custody, and property distribution are typically included in divorce records. The formal document attesting to the legal dissolution of the marriage is the General Judgment of Dissolution of Marriage.

Key Points

• Divorce in Oregon is filed in the Circuit Court of the county where either spouse resides.
• Residency requires six months in the state unless the marriage occurred in Oregon.
• Oregon is strictly a no-fault divorce state, based only on irreconcilable differences.
• Parents are required to attend parenting education programs, and mediation is often used in custody disputes.
• Summary dissolution is available for couples with short marriages and limited assets.
• Divorce records are public and available through county clerks, with online access via OECI, and certificates available from Oregon Vital Records.