Filing a Contested Divorce in Oregon

Oregon's contested divorce laws provide both at-fault and no-fault grounds for marital dissolution. Grounds for an at-fault action include incapacity to consent or consent obtained through force or fraud. A no-fault divorce is based on an assertion of irreconcilable differences. A waiting period of 90 days from the service of the petition is required before an initial hearing is scheduled unless the court uses its discretion to waive the waiting period.

107.015 Grounds for annulment or dissolution of marriage. (1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered:

(a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or

(b) When the consent of either party was obtained by force or fraud.

(2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified.

107.025 Irreconcilable differences as grounds for dissolution or separation. (1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.

107.065 Waiting period in dissolution suit; waiver. (1) Except as provided in ORS 107.095 and in subsection (2) of this section, no trial or hearing on the merits in a suit for the dissolution of a marriage shall be had until after the expiration of 90 days from the date of:

(a) The service of the summons and petition upon the respondent; or

(b) The first publication of summons.

(2)(a) Upon written motion, the court may in its discretion grant a judgment dissolving the marriage prior to the expiration of the waiting period. The written motion must be supported by an affidavit setting forth grounds of emergency or necessity and facts that satisfy the court that immediate action is warranted to protect the rights or interest of any party or person who might be affected by a judgment in the proceedings.

107.075 Residence requirements. (1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015.

(2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.

107.086 Where to file petition. A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides.

Find an Attorney

If you are a resident of or are domiciled in Oregon, you can file for a contested divorce if the initial marriage occurred in the state. If the marriage occurred elsewhere, you or your spouse must have lived in Oregon for at least six months prior to filing. Talk to an attorney familiar with Oregon's divorce laws to facilitate your marriage dissolution.

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