Are You Thinking of Getting a Divorce in Oregon?

Going through a divorce can feel overwhelming. It's a significant change, and you might have many questions. You may be wondering, "What will happen to our property?" "How do I file for divorce?" or "Who gets custody of the children?" This guide aims to answer some of these questions and connect you with helpful resources to help you navigate your divorce confidently.

Caution: Divorce laws vary by state! The information on this page applies only to married people interested in getting a divorce in Oregon.      

What is a divorce?   

A divorce is a court case that married people must go through if they want to legally end their marriage. In Oregon, the legal name for a divorce is "dissolution of marriage."  

A divorce case involves:  

• Splitting up your property and debts  
• Figuring out what happens with your children (custody and parenting time)
• Arranging financial support (spousal support and child support) 

Alternatives to divorce   

If you're not sure a divorce is right for you, you can consider alternatives to divorce, like an informal separation, legal separation, or annulment. Learn more about alternatives to divorce on this page.    

Uncontested vs. contested divorce     

An “uncontested divorce” is one where you and your spouse don’t fight about the details of your divorce in court. Uncontested divorces are often quicker and cheaper than traditional court divorces. 

A “contested divorce” means your spouse and you don’t agree on the terms of your divorce. You are asking the court to provide some help. 

Many married couples think they can get a quick, uncontested divorce, but it isn't appropriate for everyone. Learn more about uncontested divorce here. 

How do I file for divorce in Oregon?   

You don't need an attorney to start a divorce in Oregon. You can use Oregon's free court forms to file for divorce.    

To start your divorce, you must file divorce papers at one of Oregon's circuit courts. You can file papers in the circuit court in the county where you or your spouse live.   

If you get stuck filling out your divorce forms, you can get free help with your paperwork from a "family law facilitator" at your local circuit courthouse. Family law facilitators help people find court forms, understand basic court processes, and review completed court forms.   

Visit this page for more information on starting your Oregon divorce.   

How long does a divorce take?   

The time it takes to complete a divorce in Oregon can vary. If your spouse and you agree on all issues (called an "uncontested divorce"), your divorce can be finalized quickly, sometimes in a few months. However, if there are disagreements, it could take longer, sometimes even a year or more.   

Do I need a lawyer?   

Many people in Oregon get divorced without a lawyer. Oregon has free court forms you can use. You can also get free help navigating your case and finding forms from a family law facilitator at the court.  

But, if your case involves any of these issues, you should consult with a divorce lawyer before starting your divorce:   

• You're afraid of your spouse 
• You or your spouse have retirement accounts, own a home, or have a lot of debt
• Your spouse lives in another state
• You're involved in other legal matters (like bankruptcy, child welfare, or a guardianship case)
• You need to file for divorce immediately but don't meet the residency requirements for starting a divorce in Oregon 

Visit this page to learn more about the costs of divorce lawyers, how to find a good one, and other tips.  

How much does it cost to get a divorce?   

Oregon requires you to pay a $301 fee to start a divorce or respond to a divorce. 

However, the total cost of your divorce will depend on whether you hire a divorce lawyer or other professionals to help you. In Oregon, the typical divorce lawyer charges $300 per hour. If you hire a divorce attorney to represent you in a contested divorce, you can quickly pay $30,000 or more in legal fees.

If you can't afford to spend much on your divorce, here are some ways to save money:

• Ask the court to waive the $301 filing fee. The court usually grants this request if you have little income or assets.  
• Use Oregon's free court forms to represent yourself or handle some parts of your case on your own.
• Get free help with court forms from a family law facilitator.  
• Settle your case outside of court—either on your own or with the help of a mediator.   
• If you can't settle your case, choose to resolve your disagreements through an informal trial instead of a formal trial with lawyers.

Who gets what in a divorce?    

In Oregon, all "marital property" and "marital debts" are divided "equitably" in a divorce. Equitably usually means 50/50, but sometimes, things can be divided differently if it's fairer overall.    

• "Marital property" is any property (including cars, furniture, bank accounts, retirement accounts, or anything else of value) that your spouse or you got during your marriage. It doesn't matter who paid for the item, whose name is on the title, or who used it during the marriage.    
• "Marital debt" refers to money you or your spouse borrowed during your marriage. Marital debts include credit cards and auto, student, home, or personal loans. Again, it doesn't matter who ran up the debt. If you or your spouse borrowed money during your marriage, you're both responsible for the debt.   

If you have questions about the property you owned before your marriage, what happens to your house in a divorce, or other questions, you can read more about property and debts here or talk to a divorce lawyer for more information.  

Ideally, your spouse and you will agree on a fair plan to divide everything you own. But, if you can't agree, you have the right to have a divorce trial. At your divorce trial, a judge will divide your things in a way they think is fair.   

What happens to our kids in a divorce?    

During your divorce, you'll also need to figure out custody, parenting time, and a parenting plan for your shared children. In Oregon, these issues are dealt with during your divorce case, not in a separate custody case.     

• "Custody" refers to the parent (or parents) who makes the major decisions for the children. These decisions include medical, educational, and religious decisions. The custodial parent usually handles big-picture planning and keeps essential paperwork for the kids.    
• "Parenting time" refers to the days and times the children spend time with each parent. For example, one parent might have parenting time on the weekends while the other parent has parenting time on weekdays.   
• A "parenting plan" is a formal document approved by the court that includes the parenting time schedule and other rules for how the parents will share parenting responsibilities.    

In Oregon, parents are encouraged to agree on custody and a parenting plan for their children. You can use Oregon's free parenting plan templates to work with your spouse to create a custom plan for your family. You can also get help from your county's family mediation program to come up with a plan.   

If parents can't agree on a plan for their children, they have the right to have a divorce trial. At a divorce trial, a judge will decide custody, parenting time, and the parenting plan for your children. The judge will decide this based on what they think is in your children's best interests.  

Visit this page for more information on custody, parenting time, and parenting plans.   

Summary   

Divorce is a big step, and having many questions and concerns is normal. Remember, you're not alone. Resources are available to help you through this process. Taking it one step at a time and seeking support can make a big difference in navigating your divorce in Oregon.

Other Frequently Asked Questions about Divorce