Residency Requirements:
If the marriage took place in Oregon and one spouse is a resident of Oregon,
then there is no residency time limit. If the marriage was not performed
in Oregon, then one spouse must have been a resident of Oregon for 6
months immediately prior to filing. [Oregon Revised Statutes;
Volume 2, Sections 14.070, 107.065, and 107.075].
Legal Separation:
In Oregon, the ground for legal separation is irreconcilable differences
that caused the irretrievable breakdown of the marriage. The spouses
may enter into a separation agreement to live apart for at least 1 year.
At least one of the spouses must be a resident of Oregon when the
action for legal separation is filed and the legal separation may
be filed in a county where either spouse lives.
[Oregon Revised Statutes; Volume 2, Sections 14.070, 107.025, 107.075,
107.455, and 107.475].
General Divorce Procedure:
A summary divorce procedure may be granted in Oregon if the residency
requirement has been satisfied; there are no minor children and the
wife is not pregnant; the marriage is not more then 10 years in
duration; neither spouse owns real estate; there are no debts over
$15K incurred by the spouses; the total value of spouses personal
property is less than $30,000, excluding any unpaid balances on loans;
there is a waiver of spousal support; there is a waiver of pendente
lite orders, except for spousal abuse; and the petitioner knows of
no other pending domestic suits. In addition, there will be a 90–day
waiting period before a hearing will be held.
[Oregon Revised Statutes; Volume 2, Sections 107.055, 107.065,
107.085, 107.105, and 107.485].
Title of Divorce action:
Petition for dissolution of marriage.
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Grounds for Oregon Divorce:
No-fault:
Oregon recognizes irreconcilable differences between the spouses
causing an irretrievable breakdown of the marriage as a no-fault
ground for divorce. Misconduct of the spouses will only be considered
when child custody is an issue or if necessary to prove
irreconcilable differences. [Oregon Revised Statutes; Volume 2,
Sections 107.025 and 107.036].
Fault-based:
Fault-based grounds for divorce include consent to marriage obtained
by duress or fraud, or force, or a minor was married without lawful
consent, or lacked the mental capacity to consent. Misconduct of
the spouses will only be considered when child custody is an issue or
if necessary to prove irreconcilable differences. [Oregon Revised
Statutes; Volume 2, Section 107.015].
Where to file for divorce:
File in the county where either spouse resides. There is a
90-day waiting period before a hearing will be scheduled which begins
after the respondent has been served with papers or the publication of
the summons.
Mediation or Counseling:
The court may order counseling services. If a court does offer such
services, either spouse or the court may delay the dissolution of
marriage proceedings for 45 days while a reconciliation or settlement
is attempted. In addition, if there is child custody or child support
dispute, the court may order mediation for up to 90 days.
[Oregon Revised Statutes; Volume 2, Sections 107.179, 107.540,
and 107.550].
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