Oregon is a pure no-fault divorce state under Oregon Revised Statutes Chapter 107. The only ground for dissolution of marriage is that the marriage is "irretrievably broken," meaning there is no reasonable likelihood of reconciliation. This ground applies equally to both spouses and does not require proving any misconduct. Oregon eliminated fault-based grounds for divorce entirely, making it one of the most streamlined states for divorce.
To file for divorce in Oregon, you submit a Petition for Dissolution of Marriage to the Circuit Court in the county where you meet residency requirements. The petition states that the marriage is irretrievably broken and includes information about property, debts, and any minor children. Unlike many states, Oregon does not require a waiting period. Once the judge signs the decree of dissolution, the divorce is final. Your spouse must be served with the petition according to Oregon Rules of Civil Procedure.
The residency requirement depends on where you were married. If you were married in Oregon, either spouse simply needs to be a resident of or domiciled in the state at the time the petition is filed, with no minimum duration required. If you were married outside Oregon, at least one spouse must have been a resident of or domiciled in the state continuously for at least 6 months before filing. These requirements are established under Oregon Revised Statutes Section 107.105.
Oregon is an equitable distribution state that divides "marital property" fairly but not necessarily equally. Oregon Revised Statutes Chapter 107 defines marital property as all property acquired by either spouse during the marriage regardless of whose name is on the title, excluding property classified as separate property by agreement or law.
Separate property includes assets acquired before the marriage, gifts given to one spouse, inheritances received by one spouse, and property acquired after legal separation. Property may also be classified as separate if spouses have agreed in writing to exclude it from marital property. Courts will not divide separate property between spouses.
Oregon courts consider numerous factors when dividing marital property, including the length of the marriage, each spouse's contribution to acquiring property (including homemaking and child-rearing), each spouse's current and future earning capacity, the standard of living established during the marriage, age and health of the parties, the ability of each party to be self-supporting, whether property will substitute for spousal support, and any written agreements between the spouses regarding property division.
Oregon applies the best interests of the child standard under Oregon Revised Statutes Section 109.119. Courts consider the emotional ties between the child and each parent, each parent's ability to provide food, shelter, education, and medical care, the child's adjustment to home and school, the emotional health and stability of each parent, the strength of the child's desire to maintain relationships with siblings and other relatives, the preference of the child if the child is of sufficient age and maturity, and any history of abuse by either party.
Oregon recognizes sole custody (where one parent has primary legal and physical custody) and joint custody (where both parents share decision-making and physical care). Joint custody in Oregon is called "parental responsibility" and can be shared in various ways depending on what serves the child's best interests. Parents may share both decision-making and parenting time equally or in other proportions.
The court establishes a parenting schedule that specifies time each parent spends with the child, including weekday time, weekends, holidays, and vacation periods. Oregon courts encourage maximum contact with both parents unless there is a reason to restrict contact due to abuse or other harm to the child. The specific arrangement depends on the ages of the children, the parents' work schedules, and geographic proximity.
Oregon has no mandatory waiting period between filing for divorce and the judge signing the final decree. Unlike most states that require 30-180 days, Oregon allows the divorce to become final immediately upon the judge's signature. Oregon Revised Statutes Chapter 107 repealed its former 90-day waiting period in 2011, making it one of the fastest states for divorce processing when there is agreement on all issues.
Yes, Oregon is a pure no-fault state with no fault-based grounds available. The only ground for dissolution is that the marriage is irretrievably broken. This means neither spouse needs to prove wrongdoing, adultery, or any other misconduct. Either spouse can file for divorce regardless of the other spouse's wishes, and the divorce will proceed based solely on the irretrievable breakdown of the marriage.
Oregon divides marital property equitably but not necessarily equally. The court considers many factors including the length of marriage, contributions to property acquisition, earning capacity, age and health, and agreements between the spouses. Each case is evaluated individually to determine what constitutes a fair division of marital property.
Yes, custody arrangements can be modified after the divorce if there has been a substantial and unanticipated change in circumstances that affects the child's welfare. Either parent can petition to modify the parenting plan by showing changed circumstances and that modification serves the best interests of the child. The court will apply the same best interests standard used in the original custody decision.