Divorce in Oregon (2026)

A Purely No-Fault State

Oregon is one of a minority of states that is purely no-fault when it comes to divorce. Under ORS 107.025, the only ground for dissolution of marriage is that “irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.” Oregon does not recognize any fault-based grounds — neither spouse needs to prove misconduct, and the court will not consider fault when deciding whether to grant the dissolution.

Oregon uses the term dissolution of marriage rather than “divorce” in its statutes, though both terms are commonly used in practice.

No Waiting Period

Oregon does not impose a mandatory waiting period before a divorce can be finalized. Once all issues have been resolved — whether by agreement or court order — the court can enter the final judgment of dissolution immediately. This makes Oregon one of the fastest states for completing an uncontested dissolution, with some cases finalized within weeks of filing.

Combined with the no-fault framework, the absence of a waiting period means Oregon offers one of the most streamlined divorce processes in the country.

Residency Requirements

Oregon’s residency rules contain an important distinction:

• If the marriage was performed in Oregon, no residency requirement applies — either spouse may file immediately.
• If the marriage took place in another state, at least one spouse must have been a resident of Oregon for six months before filing (ORS 107.075).

The case is filed in the Circuit Court of the county where either spouse resides. This dual-track approach makes Oregon one of the more accessible states for filing, particularly for couples who married in the state.

Three Types of Spousal Support

One of the most distinctive features of Oregon divorce law is its recognition of three separate types of spousal support, each with a different purpose (ORS 107.105):

• Transitional support helps a spouse adjust to the economic consequences of divorce by providing funds for education, training, or vocational skills. It typically lasts no longer than ten years.
• Compensatory support compensates a spouse for significant financial or other contributions to the education, training, vocational skills, career, or earning capacity of the other spouse. For example, if one spouse worked to put the other through professional school, compensatory support may be appropriate.
• Spousal maintenance (long-term support) addresses the ongoing needs of a spouse who contributed to the marriage as a homemaker, raised children, or otherwise reduced their earning capacity during the marriage. It is most common in longer marriages.

Courts may award one, two, or all three types in a single case, depending on the facts. This three-type framework allows Oregon courts to address different aspects of the economic partnership that marriage creates, rather than treating all spousal support as a single category.

Property Division: Equitable Distribution with Equal-Contribution Presumption

Oregon follows the equitable distribution approach to dividing marital property (ORS 107.105). The court creates a “just and proper” division of property, and there is a rebuttable presumption that both spouses contributed equally to the acquisition of marital assets, regardless of which spouse earned the income. This presumption is significant — it means that a homemaker spouse is presumed to have contributed equally to the marital estate.

Factors the court considers include:

• The contribution of each spouse to the acquisition of marital assets, including homemaker contributions
• The duration of the marriage
• Whether property should be awarded to a custodial parent in the interest of the children
• Tax consequences of the proposed division
• The retirement benefits and needs of each party
• Whether either party has wasted or dissipated marital assets

Separate property — assets acquired before the marriage and gifts or inheritances received by one spouse — generally remains with the owning spouse unless it has been commingled with marital property or the equities of the situation require a different result.

Summary Dissolution

Oregon offers a summary dissolution procedure under ORS 107.036 for couples who meet specific criteria, including a short marriage, no minor children, limited assets and debts, and mutual agreement on all terms. Summary dissolution is a simplified process with reduced paperwork and court involvement, making it an efficient option for straightforward cases. Not all couples qualify, but for those who do, it offers a faster and less expensive path to dissolution.

Timeline Expectations

An uncontested Oregon dissolution can be finalized in as little as one to three months, since there is no mandatory waiting period. Contested cases involving disputes over property, custody, or support can take six months to two years or longer, depending on the complexity of the issues and the court’s calendar.

Filing Fees and Costs

The filing fee for a dissolution petition in Oregon is approximately $287. Additional costs may include service of process fees, mediation costs, and any required court programs. Fee waivers (deferrals) are available for individuals who demonstrate financial hardship.

When to Consult an Attorney

Oregon’s no-fault, no-waiting-period framework streamlines the dissolution process, but the equitable division of property and the three-type spousal support system require careful analysis. Retirement accounts, business interests, and real estate all demand accurate valuation and thoughtful division. If you are considering dissolution in Oregon, a free consultation with a family law attorney can help you understand your rights and protect your interests.

Frequently Asked Questions

What are the residency requirements in Oregon?

If the marriage was performed in Oregon, no residency requirement applies — either spouse may file immediately. If the marriage took place in another state, at least one spouse must have been an Oregon resident for six months before filing under ORS 107.075.

Is Oregon a community property or equitable distribution state?

Oregon is an equitable distribution state. Under ORS 107.105, the court creates a “just and proper” division of property, with a rebuttable presumption that both spouses contributed equally to the acquisition of marital assets, regardless of which spouse earned the income.

Is there a waiting period for divorce in Oregon?

No. Oregon does not impose a mandatory waiting period. Once all issues are resolved, the court can enter the final judgment of dissolution immediately. Some uncontested cases are finalized within weeks of filing.

What types of spousal support does Oregon recognize?

Oregon recognizes three distinct types under ORS 107.105: transitional support (for education or training, typically up to ten years), compensatory support (to compensate a spouse who contributed to the other’s career advancement), and spousal maintenance (long-term support for ongoing needs). Courts may award one, two, or all three types in a single case.

What is summary dissolution in Oregon?

Summary dissolution under ORS 107.036 is a simplified divorce process available to couples who meet specific criteria, including a short marriage, no minor children, limited assets and debts, and mutual agreement on all terms. It involves less paperwork and can be completed more quickly than a standard dissolution.

Does Oregon consider fault in divorce?

No. Oregon is a purely no-fault state. The only ground for dissolution is irreconcilable differences, and the court does not consider fault when dividing property or determining spousal support. However, conduct may be relevant to custody determinations.

How This Guide Was Researched

This guide was developed by reviewing ORS Chapter 107 (Dissolution of Marriage), with particular attention to ORS 107.025 (sole ground of irreconcilable differences), ORS 107.075 (residency requirements), ORS 107.105 (property division, spousal support types, and the equal-contribution presumption), and ORS 107.036 (summary dissolution). We also consulted the Oregon Judicial Department’s Family Law Program materials, Oregon Courts marriage and divorce self-help resources, court fee schedules, and the Oregon State Bar’s family law section publications. Statutory references were verified against the current Oregon Revised Statutes.

Sources and Legal References

• ORS 107.025 — Sole ground for dissolution: irreconcilable differences
• ORS 107.075 — Residency requirements (none if married in Oregon; six months otherwise)
• ORS 107.105 — Property division (equitable distribution with equal-contribution presumption) and three types of spousal support
• ORS 107.036 — Summary dissolution procedure for qualifying couples
• ORS Chapter 107 — Dissolution of marriage proceedings generally

Official Oregon Resources

• Oregon Judicial Department — Family Law Program
• Oregon Courts — Marriage, Divorce, Separation, and Annulment
• Oregon Courts — Divorce Forms
• Oregon Revised Statutes — Chapter 107

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Complete guide to divorce — Step-by-step national overview
• Child custody in Oregon — Joint custody rules and best interests factors
• Child support in Oregon — Income shares calculation and spousal support
• Custody and parenting plans in Oregon — Oregon’s unique approach
• No-fault divorce — Understanding no-fault grounds nationwide
• Property division in divorce — How equitable distribution works
• Divorce checklist — Essential steps when filing
• How long does divorce take? — Timelines by state and situation