What are the steps to get divorced in Oregon?

The sequence is: (1) meet the 6-month residency requirement, (2) file the petition for dissolution, (3) serve your spouse, (4) wait for their 30-day response window, (5) exchange financial disclosures and negotiate, (6) attend mediation if ordered or agreed, (7) go to trial if you cannot settle, and (8) have the judge sign the judgment of dissolution. The court cannot enter judgment until 90 days after service.

Do I need a lawyer to get divorced in Oregon?

No. Oregon permits self-representation and the Oregon Judicial Department publishes the forms. But the process involves strict procedural rules — missed deadlines and improperly served papers can set you back months. Most people benefit from at least a consultation, and anyone with children, real estate, retirement accounts, or a business should have counsel.

What forms do I file to start a divorce in Oregon?

The core documents are the Petition for Dissolution of Marriage, a Summons, and a Confidential Information Form. If you have minor children, you will also file documents addressing custody, parenting time, and child support. The Oregon Judicial Department website provides the official forms with instructions for each case type.

What happens if my spouse does not respond to the divorce petition?

If 30 days pass after service with no response, you can ask the court for a default judgment — meaning the divorce proceeds on the terms in your petition, subject to the judge's review. Your spouse can still appear later and ask the court to set aside the default, but they need a valid reason.

Do we have to go to court for a divorce in Oregon?

Not necessarily. If you agree on everything, many Oregon counties allow you to finalize by submitting paperwork without a hearing. If you disagree, you will appear for hearings on temporary orders and, if needed, trial. Mediation can resolve most disputes without a courtroom.

Oregon Divorce Process: Step-by-Step Guide (2026)

The Oregon divorce process looks intimidating from the outside. From the inside, it is a sequence — each step unlocks the next, and knowing the sequence is half the battle. This guide walks through every step in order, what you need to do at each one, and where people typically get stuck.

If you want the timeline version of this story — how long each phase takes — read our guide to how long divorce takes in Oregon. This guide is about what happens, not how long it takes.

Step 0: Confirm you can file in Oregon

Before anything else, check the residency requirement. Under ORS 107.075, at least one spouse must have lived in Oregon (or been domiciled here) for six months before filing. There is a narrow exception: if you were married in Oregon, you can file on certain grounds without the six-month wait.

You also need to file in the right county — generally the county where either you or your spouse lives. In the Portland metro area, that means Multnomah, Washington, or Clackamas County circuit court (or Clark County, Washington, if you are across the river — different state, different rules entirely).

If the six months are not up yet, you have options: wait, or file for legal separation now and convert to dissolution later. Talk to an attorney about which fits your situation.

Step 1: Prepare your petition

The petition for dissolution is the document that starts everything. It states who you are, that the marriage is irretrievably broken, and what you are asking the court to decide: property division, spousal support, and — if you have children — custody, parenting time, and child support.

This is also when you do the unglamorous work that determines how smoothly everything goes: gathering financial documents. Tax returns for the last three years. Bank and investment statements. Retirement account statements. Mortgage documents. Pay stubs. Debt statements. Business records if either spouse owns a business.

Portland family law attorneys consistently say the same thing: organized clients finish faster and cheaper. Every hour your attorney spends reconstructing your finances from a shoebox is an hour you pay for.

Step 2: File with the court

Take your completed forms to the circuit court clerk in the appropriate county (or e-file, where available). You will pay the filing fee — $301 in Oregon — or submit a fee waiver application if you qualify.

The clerk stamps your documents and assigns a case number. From this moment, you have a case. The court also issues automatic restraining orders in most counties that prevent either spouse from dissipating assets, changing insurance, or leaving the state with the children while the case is pending. These are standard, not punitive — but violating them has consequences.

Step 3: Serve your spouse

Your spouse must receive formal notice of the case. This is called service of process, and the rules are strict: it must be done correctly, or everything downstream is vulnerable.

The standard methods, in order of preference:

Acceptance of service. Your spouse signs a form acknowledging receipt. Fastest and cheapest, when cooperation exists.
Personal service. A process server or sheriff's deputy hands the papers to your spouse directly.
Substituted or alternative service. If your spouse is avoiding service, the court can authorize alternatives — leaving papers with a household member, posting, or publication. This requires a court order and adds weeks.

After service, the 90-day clock starts. The court cannot enter a judgment of dissolution until 90 days after the date of service (or after filing, for co-petitioners who file together).

Step 4: The response (30 days)

Your served spouse has 30 days to file a response. The response can:

Agree with the petition's requests, moving the case toward settlement.
Disagree on some or all issues, framing what needs to be resolved.
Counter-petition, raising their own requests.

If no response is filed within 30 days, you can move for a default judgment. The court will review your proposed terms and — if they are fair and complete — enter the judgment without your spouse's participation. Defaults are common in cases where one spouse has disengaged, but judges scrutinize them carefully when children or significant assets are involved.

Step 5: Temporary orders (if needed)

While the case is pending, life continues. If you need court orders covering the interim — who lives where, temporary custody schedules, who pays the mortgage, temporary support — either side can file a motion for pendente lite (temporary) relief.

The court schedules a hearing, typically within a few weeks. These orders last until the final judgment replaces them. They are based on limited evidence and are explicitly temporary, but they set the practical reality of your life during the divorce — which is why they matter more than people expect.

Skip this step if you can maintain a workable status quo without court intervention. Every motion adds time and cost.

Step 6: Discovery and financial disclosure

Both sides must fully disclose their finances. Oregon requires this — it is not optional, and hiding assets can result in the court reopening the judgment later, plus sanctions.

Discovery tools include:

Mandatory disclosure. Each side provides the core financial documents voluntarily.
Interrogatories. Written questions the other side must answer under oath.
Requests for production. Demands for specific documents.
Depositions. In-person questioning under oath, transcribed.
Subpoenas. Compelling third parties (banks, employers) to produce records.

In cooperative cases, this takes weeks. In contested cases, months. If a business needs valuing, add 60-90 days for the expert. If custody is disputed, a custody evaluation can add three to six months.

Step 7: Negotiation and mediation

With the facts on the table, settlement talks begin. Attorneys exchange proposals. Most cases — roughly nine in ten — settle at this stage without trial.

Mediation is Oregon's preferred settlement tool. A neutral mediator helps both sides find agreement, usually in one to several sessions. Many Oregon judges order mediation before they will set a trial date, particularly when children are involved. Mediation is confidential, faster than litigation, and leaves both sides with more control over the outcome.

If you have minor children, Oregon also requires both parents to complete a parent education class. It is not optional, and the court will not finalize your divorce until both parents have certificates of completion.

Step 8: Trial (if settlement fails)

When issues remain unresolved, the court sets a trial date. In Portland-area counties, expect to wait several months for a multi-day slot. Trial preparation — exhibit lists, witness preparation, expert testimony — is the most expensive phase of the process.

At trial, the judge hears evidence and decides the disputed issues: property division, support, custody, parenting time. Oregon is an equitable distribution state, which means property is divided fairly — not necessarily equally. The judge's decision becomes part of the final judgment.

Trials are rare because they are expensive, slow, and unpredictable. But sometimes they are necessary — particularly where one side will not negotiate in good faith.

Step 9: The judgment of dissolution

Whether by settlement or trial, the end product is the same: a judgment of dissolution signed by the judge. This is the legal document that ends the marriage and contains all the enforceable orders — property division, support, custody, parenting time.

The attorneys draft it, both sides (or the judge, after trial) approve the language, and the judge signs. Your divorce is final when the judgment is entered with the court, not when you shake hands on a deal.

Step 10: After the judgment

The judgment is the end of the case but not the end of the work:

QDROs (Qualified Domestic Relations Orders) split retirement accounts — $500 to $1,500 per account, often forgotten until weeks later.
Deeds transfer real property as ordered.
Refinancing removes one spouse from the mortgage, usually within a court-ordered deadline.
Beneficiary updates on life insurance, retirement accounts, and estate documents.
Name changes, if requested in the judgment.

Build these into your post-divorce checklist. The judgment tells you what to do; it does not do it for you.

Common stuck points

Three places where Oregon divorces most often stall:

Incomplete financial disclosure. One side drags their feet on documents. The fix is a motion to compel, but that takes weeks.
Custody evaluations. Necessary in disputed cases, but the evaluator's calendar controls your timeline.
The family home. Neither side can afford it alone, neither wants to sell, and the mortgage requires refinancing. Start this conversation early.

Getting help

You do not have to navigate this alone, and most people should not. A family law attorney handles the legal process. A mediator can resolve disputes without trial. And a divorce coach helps you make clear decisions through the emotional fog — which is, quietly, where most timelines go to die.

For the financial side of each step, see our guide to what divorce costs in Oregon.

Oregon Divorce Process Step by Step: From Filing to Final Judgment