Are You Thinking of Getting a Divorce?
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?
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.
Visit this page for a step-by-step guide to filing for divorce in Oregon.
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
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 easily pay $30,000 or more in legal fees.
How can I save money on my divorce?
You can save a lot of money by settling your divorce outside of court, either on your own or with the help of a mediator. Learn more about mediators and divorce settlements here.
If you can't settle your case, you can choose to have an informal trial instead of a formal trial with lawyers. Learn more about informal trials on the Oregon Judicial Department website.
You can also save money by:
- Using Oregon's free court forms to represent yourself or handle some parts of your case on your own.
- Getting free help with court forms from a family law facilitator.
- Asking the court to waive the $301 filing fee. The court usually grants this request if you have little income or assets.
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.
Ideally, your spouse and you will agree on a fair plan to divide everything you own. But, if you can't agree on splitting things up, you have the right to have a divorce trial. A judge will divide your stuff at your divorce trial according to Oregon divorce laws.
What happens to our kids in a divorce?
During your divorce, you'll also need to figure out custody and parenting time for your minor 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.
In Oregon, parents are encouraged to agree on a plan for their children. If you can't agree on a plan for your children, you have the right to have a divorce trial. At a divorce trial, a judge will decide these issues for you. The judge will decide this based on Oregon's divorce and custody laws.
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.
Frequently Asked Questions About Divorce
No. If you want a divorce, the court will give you a divorce. Your spouse can disagree about the details, but they can't stop you from getting a divorce.
You can start a divorce case in Oregon if:
- You or your spouse currently live in Oregon
- One of these things is true:
- You or your spouse have lived in Oregon for the last six months, or
- You got married in Oregon.
Yes. This means that you don't need a reason to get a divorce in Oregon. In other words, you don't have to prove your spouse did something bad, like cheat or abuse you, to get a divorce in Oregon.
You can get a divorce in Oregon if:
- You and your spouse don't get along
- You do not see any way to fix your problems
In Oregon's legal documents, this is called "irreconcilable differences." It is the only reason you need to end your marriage.
No. Anyone can get a divorce in Oregon if they meet the other requirements for filing for divorce.
Yes, but it will take longer.
After you start a divorce case, you must give your spouse a copy of your divorce papers. This is called "service." The court expects you to try to find your spouse so they can be served. If you can't find them, you can ask the court to let you serve them differently.
Refer to this Oregon state court guide for help with service.
After a divorce case is filed in Oregon, you and your spouse are not allowed to:
- Sell, destroy, or get rid of your real estate, cars, or other valuable property without the other spouse's agreement.
- Make large purchases without the other spouse's agreement (unless the purchase is necessary to keep you, your spouse, or your children safe and healthy).
Other than these rules, there aren't any laws in Oregon that say what happens to your stuff while you're going through your divorce.
However, if your spouse and you have disagreements about what happens to your stuff during the divorce case, you can ask the court for help resolving these disagreements. This is called asking for a "temporary order." Learn more about temporary orders and how to get one here.
It depends. In Oregon, you only must see a judge if you and your spouse disagree about the details of your divorce. For example, if you can't agree on a plan for your kids or how to divide your property.
If you and your spouse agree on all the details of your divorce, a judge can grant you a divorce without meeting you based on what you put in your paperwork.
If you need help leaving an unsafe situation, you can:
- Call 911 in an emergency,
- Contact a local domestic violence organization, or
- Call the National Domestic Violence Hotline at 800.799.7233, visit thehotline.org, or text "Start" to 88788.
Read more about leaving an abusive or controlling relationship on this page.