Oregon State Divorce Law

The residency requirement for filing a Petition for Dissolution of Marriage in the state of Oregon is 6 months.

Oregon Grounds for Divorce

Oregon is a mixed state, which means that parties petitioning for a Dissolution of Marriage may do so on either no-fault or fault-based grounds.

Uncontested Divorce in Oregon

An uncontested divorce takes place when the parties are co-petitioners and agree on all the conditions of their divorce. There is, however, a simpler route, by way of a summary dissolution. In order to qualify for a summary dissolution, the parties must meet these qualifications:

• The parties have been married 10 years or less
• There are no children
• The wife is not pregnant
• Neither party owns property
• The personal property of both does not equal more than $30,000
• The debts of both are not larger than $15,000
• Neither spouse is requesting support
• Neither party is seeking temporary orders
• There are no unresolved actions relating to the marriage pending for either party
• The parties agree about all conditions of the dissolution

Contested Divorce in Oregon

A contested divorce is much more difficult and takes much more time to complete. The parties, their divorce lawyers, and the court must take the time to resolve the areas being contested, and courts often must provide temporary measures to care for children during the process.

Annulment in Oregon

When a marriage is entered into illegally, it is already void. However, in order to have it declared void by the courts, one or both parties must petition the court for an annulment. The grounds for an annulment are difficult to prove, making them rare. Those grounds in Oregon include:

• Fraud and duress
• Mental illness
• Physical disability
• Underage marriage, for those under 18 without parental consent, under 17 even with parental consent

No Fault Divorce in Oregon

Oregon is generally a no-fault state, with the grounds for such a divorce being irreconcilable differences resulting in the breakdown of the marriage with no hope of repair.

Oregon Fault Divorce

Fault-based, or general, grounds for divorce in Oregon include:

• Fraud
• Duress
• Incapacitation

Oregon Divorce and Child Custody

Child Custody Laws

Custody orders in Oregon are based on a number of factors, including:

• The child’s emotional ties with other family members
• The parents’ interest and attitude toward the child
• The parents’ desire to continue their relationship with the child
• Any evidence of abuse
• The child’s wishes, if their choice is qualified to be the custodial parent
• The parents’ ability to encourage and facilitate a positive and ongoing relationship between the child and the other parent

Once the custodial parent is determined, a precise parenting plan must be outlined.

Child Alimony

In Oregon courts, child support is based on these considerations:

• The parents’ ability to borrow
• The parents’ earning power and history
• The parents’ needs
• The child’s emotional, physical, and educational needs
• The parents’ resources, property, and income
• Other dependents the parents may be responsible for
• The child’s social security or veteran’s benefits

Parents in Oregon use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

Oregon Divorce Spousal Support

Oregon seeks to compensate those spouses that have contributed to the marriage and the other party in a significant way. That compensation is based on these considerations:

• The nature, duration, and amount of the contribution
• The length of the marriage
• The parties’ relative earning capacity
• The benefits to the marriage already realized
• The tax implications

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Once a divorcing couple has made their presentations concerning spousal support, the court will make a determination for permanent maintenance based on these additional factors:

• The parties’ age
• The parties’ health
• The marital standard of living

Temporary Spousal Support

Oregon specifies that transitional spousal support should be awarded according to these considerations:

• The length of the marriage
• The party’s training, employment skills, and job experience
• The parties’ needs and resources
• The tax implications
• The parties’ child support and custodial obligations

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Oregon

Spouses in the military are protected by Oregon law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From an Oregon Divorce Lawyer

Oregon has a complex system of determining the conditions of a divorce. In order to present their case thoroughly and effectively, however, it is generally important for the parties to retain a divorce attorney to represent them and ensure they do not suffer painful losses due to uninformed and unreasonable resolutions.

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Nolo's Essential Guide to Divorce

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Retirement Accounts in Divorce

Divorce & Money

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