How to File for Divorce in Oregon

You can only start a divorce in Oregon if you or your spouse has lived in Oregon for six months or you were married in Oregon. Oregon has other filing rules as well.

Before filling out any divorce forms, it's important to understand your rights and what's fair in an Oregon divorce.

Find free divorce forms on the Oregon Judicial Department website. The names of the forms you need are: 

• "Summons for Family Law Cases"
• "Petition for Dissolution of Marriage"
• "Confidential Information Form" (CIF) (complete two, one for you and one for your spouse)
• "Notice of CIF Filing"
• "Record of Dissolution of Marriage, Annulment, or Registered Domestic Partnership"

If you get stuck, you can get help from a family law facilitator at your local court.

After you've completed your forms, you need to file them at one of Oregon's circuit courts. You can file in the county where you live or where your spouse lives. You'll also need to pay a filing fee of $301 or ask for a waiver of this fee if you can't afford to pay it.

After filing your forms, you need to give your spouse a copy of your divorce paperwork to let them know you started a divorce. This is called "serving" your spouse. The court will not serve your spouse for you. 

• The easiest way to serve your spouse is to personally hand your spouse a copy of your divorce papers. Then, ask your spouse to sign the court's "Acceptance of Service" form.
• You can also have an adult friend or relative hand your divorce papers to your spouse. If you choose this method, you need to have your server fill out the court's "Certificate of Service" form with details about how they served your spouse. 

If your spouse files a response, you have a "contested divorce." To finish your divorce, you'll either need to reach an agreement with your spouse, or, if you can't reach an agreement, you'll need to have a trial, and a judge will decide the terms of your divorce for you.

If your spouse doesn't file a response, you have an "uncontested divorce." This means you can wrap up your divorce without your spouse's involvement and get a divorce on the terms you laid out in your divorce paperwork. But this won't happen automatically. You need to complete a few more forms to finalize your divorce. The forms you need are:

• "Ex Parte Motion for Order of Default and Declaration in Support"
• "Order on Motion for Default"
• "General Judgment of Dissolution of Marriage / RDP"

You can find these court forms on the Oregon Judicial Department website.