How to File for Divorce in Oregon
If you've decided that divorce is your best option, this guide will help you start the process.
If you and your spouse agree on everything and want to file together, check out our guide to filing an uncontested divorce instead.
Step 1: Make sure you can file for divorce in Oregon
You can file for divorce in Oregon if you've lived here for at least six months or if you were married in Oregon.
If you have children, they also need to have lived in Oregon for six months.
Find more information about where to file and answers to common questions on this page.
Step 2: Understand what's fair in an Oregon divorce case
Before you fill out your forms, it helps to know how Oregon’s divorce laws work. These laws cover things like:
- Who gets to keep what after the divorce?
- What happens to your debts?
- Whether you can ask for financial support from your spouse, and how much is fair.
- Where will your kids live after the divorce?
- How will you and your spouse make parenting decisions after the divorce?
Every state has different laws, so make sure you read about Oregon’s divorce rules before moving forward.
Step 3: Find and complete your court forms
Oregon offers free divorce forms. If you're filing here, be sure to use Oregon's forms, not ones from another state.
You can find and complete your Oregon divorce forms using any of these methods:
- Use the court’s form generator tool. The OJD Guide and File tool asks you questions and then creates the forms you need. You can submit your forms online or print them and take them to your local courthouse.
- Print off your forms. You can also download divorce forms for free from the court’s website, print them, and fill them out by hand.
- Get copies from your local court. You can also pick up divorce forms at your local circuit court. Most courts charge a small fee for copies.
Step 4: Turn in your forms at one of Oregon’s circuit courts and pay a filing fee
You must turn in your forms at an Oregon circuit court. You can file your forms in the circuit court where you live or where your spouse lives. Find circuit court locations on the Oregon court website.
- If you use the court's form-generating tool, you can submit your forms and pay online.
- If you print out your forms, you'll need to go in person to your circuit court to file and pay the fee.
The filing fee is $301. If you can't afford this fee, you can apply for a waiver.
Step 5: Serve your spouse
Next, someone needs to give your spouse a copy of your divorce papers. This is called serving them.
Learn how to legally serve someone here.
Step 6: Wait 30 days to see if your spouse responds to your case
Finally, you’ll need to wait 30 days to see if your spouse responds to your case.
Next steps
After you file for divorce, your case may go one of three ways. Click or tap to learn more.
If the other side doesn’t respond within 30 days, you can finish your case without them. This is called getting a default judgment.
A default means the other side didn’t respond, so the court can decide in your favor. You'll get what you asked for in your divorce paperwork.
Next steps:
- Complete more forms: Refer to Part 2 of the divorce with kids forms or the divorce without kids forms for detailed instructions and the forms you need.
- Get help: If you get stuck or want someone to review your paperwork before you file, contact a court facilitator for free help.
If you and your spouse agree on everything, your spouse has two options:
- Ignore your case and let you file default paperwork (see Path A).
- Sign a judgment prepared by you or your attorney. A judgment is the legal document that ends your divorce and lays out the terms.
Option 1 is the easiest option. But, if your co-parent wants to make a few changes to your court papers, then option 2 is the best option.
Next steps:
- Make sure you actually agree on everything. There are many little details to consider, including dividing your possessions, splitting your debts, and making a plan for your children. Refer to our guide on negotiating a divorce settlement to make sure you're truly on the same page.
- Complete more forms: Refer to Part 2 of the divorce with kids forms or divorce without kids forms to find detailed instructions and the forms you need. You’ll need different forms if your spouse lets you get a default or wants to sign a judgment with slightly different terms.
- Get help: If you need support or want someone to review your paperwork before you file, contact a court facilitator for free help.
If your co-parent disagrees and files a response, your case becomes contested. You’ll have to take more steps to finish your case.
Next step: Learn more about the steps in a contested divorce case here.