Divorce in Oregon: Laws, Process, and What You Need to Know (2026)

Q: Can I get alimony in Oregon?

Yes, alimony called "spousal support" in Oregon is available. Oregon recognizes three distinct types of spousal support: transitional to help a spouse adjust, compensatory to reimburse a spouse who contributed to the other's education or career, and spousal maintenance ongoing support based on need. Courts consider the length of the marriage, age and health, standard of living, earning capacity, training opportunities, financial needs, and tax consequences for each type separately.

Q: Is mediation required for divorce in Oregon?

Oregon requires mediation before a divorce case involving custody or parenting time disputes can proceed to trial. This means both parties must attempt to resolve child-related issues through a neutral mediator before the court will schedule a trial on those matters. For property division and spousal support issues, mediation is not mandatory but is strongly encouraged. Many Oregon courts offer low-cost mediation services, and the process frequently helps parties reach agreements without the expense and stress of a trial.

Introduction

Oregon is a strictly no-fault state that uses the term dissolution of marriage. The state is notable for having a relatively low filing fee and a straightforward process that can be navigated without an attorney in uncontested cases.

Oregon is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Oregon handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Oregon, you must meet the state's residency requirements: 6 months residency; or if married in Oregon, can file immediately if residing there. This means at least one spouse must have lived in Oregon for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Oregon is a strictly no-fault divorce state. The only ground is irreconcilable differences that have caused the irremedial breakdown of the marriage. You do not need to prove wrongdoing by either spouse to obtain a divorce.

Property Division

Oregon follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Oregon:

Length of marriage
Age and health
Standard of living
Earning capacity
Training and employment opportunities
Financial needs and resources
Tax consequences

In Oregon, alimony is referred to as "spousal support." Oregon recognizes three types: transitional, compensatory, and spousal maintenance. The court considers the factors for each type separately.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Oregon uses the Income Shares model for calculating child support, with detailed formula incorporating both parents' gross income, parenting time, and specific adjustments.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Oregon courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Oregon, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is required in Oregon before a divorce case can proceed to trial.

Filing Fees and Costs

Filing fees for divorce in Oregon typically range from $250-$350, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Standard process: Oregon follows a conventional divorce process with no unusual procedural requirements.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Oregon Divorce

Is Oregon a community property state?

No, Oregon is not a community property state. Oregon follows the equitable distribution model, meaning the court divides marital property fairly based on the circumstances of each case. However, Oregon courts often create a rebuttable presumption that marital property should be divided equally, making outcomes somewhat similar to community property states in practice. The judge can deviate from equal division when fairness requires it.

How is property divided in an Oregon divorce?

Oregon courts divide marital property using equitable distribution principles, with a general presumption of equal division. The court considers each spouse's financial circumstances, contributions to the marriage (including homemaking and child-rearing), the duration of the marriage, tax consequences, and any retirement benefits. Property owned before the marriage, along with gifts and inheritances received individually, is generally considered separate property, though increases in value during the marriage may be divisible.

How long does a divorce take in Oregon?

Oregon does not have a mandatory waiting period after filing, but the respondent must be served and given time to respond. An uncontested divorce (called "dissolution of marriage" in Oregon) can typically be finalized within one to three months. Contested cases usually take six months to over a year. Oregon requires mediation before trial for custody disputes, which can add time but often leads to better outcomes.

Can I get alimony in Oregon?

Yes, alimony (called "spousal support" in Oregon) is available. Oregon recognizes three distinct types of spousal support: transitional (to help a spouse adjust), compensatory (to reimburse a spouse who contributed to the other's education or career), and spousal maintenance (ongoing support based on need). Courts consider the length of the marriage, age and health, standard of living, earning capacity, training opportunities, financial needs, and tax consequences for each type separately.

What are the grounds for divorce in Oregon?

Oregon is a strictly no-fault divorce state. The only ground for dissolution of marriage is irreconcilable differences that have caused the irremediable breakdown of the marriage. You do not need to prove that either spouse did anything wrong. Oregon uses the term "dissolution of marriage" rather than "divorce," reflecting its no-fault approach.

What are the residency requirements for divorce in Oregon?

To file for dissolution of marriage in Oregon, at least one spouse must have been a resident of the state for at least six months before filing. However, if the couple was married in Oregon and one spouse still resides there, they may be able to file immediately without meeting the six-month requirement. The petition is typically filed in the county where either spouse resides.

How much does a divorce cost in Oregon?

Filing fees for dissolution of marriage in Oregon typically range from $250 to $350, depending on the county. An uncontested dissolution without attorneys can cost under $1,000. Attorney-assisted dissolutions generally range from $5,000 to $15,000 for straightforward cases. Contested cases can cost $15,000 to $50,000 or more, especially when complex property division, custody disputes, or multiple types of spousal support are at issue.

Is mediation required for divorce in Oregon?

Oregon requires mediation before a divorce case involving custody or parenting time disputes can proceed to trial. This means both parties must attempt to resolve child-related issues through a neutral mediator before the court will schedule a trial on those matters. For property division and spousal support issues, mediation is not mandatory but is strongly encouraged. Many Oregon courts offer low-cost mediation services, and the process frequently helps parties reach agreements without the expense and stress of a trial.

Organize Your Oregon Divorce

Divorce Navigator helps you gather financial documents, model settlement scenarios, and prepare for attorney consultations — designed for Oregon's equitable distribution rules.

Get started for free ->