Where to File for Divorce (and Other Filing Questions)

If you're ready to start your Oregon divorce, your next question is likely, “Where do I file my divorce?” This page will explain your options and who to contact for help if you get stuck.

Can I file for divorce in Oregon?  

You can file for divorce in Oregon if you either: 

• Got married in Oregon and you (or your spouse) currently live in Oregon
• Got married in another state, but you (or your spouse) have been living in Oregon for at least six months

What if my kids haven’t lived in Oregon for six months?   

If you have kids with your spouse, it’s easiest to wait until your kids have lived in Oregon for six months before you file. But if you can’t wait, or your kids aren't living in Oregon, talk to a divorce lawyer. A lawyer can help you understand your filing options. It may still be possible to file in Oregon but there will be extra steps.

Does Oregon have a “waiting period” to file for divorce?  

No. While some states require married couples to wait before filing for divorce, Oregon doesn’t have these rules. You can decide to separate and file for divorce the next day.

Where do I file my divorce papers?

You must file your divorce forms in one of Oregon’s circuit courts. Every county in Oregon has its own circuit court. You can file in either:

• The county where you live
• The county where your spouse lives

There are no rules for how long you must live in a county before you can file for divorce there. For example, you can file in Multnomah County even if you moved there yesterday (as long as you meet the other filing rules). 

How much does it cost to file for divorce in Oregon?  

There is a $301 fee to file for divorce in Oregon.   

If you can’t afford the filing fee, you can apply for a fee waiver or deferral at the court. A “waiver” means you never have to pay the fee. A “deferral” means you can pay the fee later or make payments until you pay it off. You can get the fee waiver application from your local circuit court, or you can find the application online here.