What is a divorce? What gets decided in a divorce?
A divorce is a way of legally ending (dissolving) a marriage. After you have gone through all the steps in a divorce, you will get a divorce decree (also called a "Judgment of Dissolution of Marriage"), which is an order signed by a judge.
The divorce judgment will usually state:
• The date your marriage ends;
• Who gets custody of the children and when the other parent sees them;
• Who pays child support and how much;
• If health insurance for the children will be paid and who will pay it;
Who should pay past bills;
How property (including retirement benefits) will be divided;
• If one spouse must pay support to the other (spousal support or alimony).
Oregon has "no fault" divorce. The only reason you need is that you and your spouse cannot get along, and you see no way of settling your problems. The law calls this "irreconcilable differences."
No. Your spouse cannot stop you from getting a divorce. But your spouse can contest (disagree with you about) issues in the divorce, such as child custody and support, spousal support, and property division. This can delay the divorce. In some counties, your spouse can ask the judge to postpone your divorce and order both of you to see a counselor.
Will I be able to get a divorce if I don't know where my spouse is?
Yes, but you will have to prove to a judge that you have tried in many ways to find your spouse before a judge will let you go ahead with the divorce. See Question 48. If your spouse can't be found for personal delivery of the divorce papers, you will be able to end your marriage and (usually) get custody decided, but you will probably not get child support or any divorce terms which require your spouse to pay money or do something (such as transferring title to property).
Can I get a divorce in Oregon now if I just moved here?
Probably not, unless your spouse is living here. In almost all cases either you or your spouse must have lived in Oregon for six months before filing for divorce.
An uncontested divorce (where you and your spouse agree about the terms of the divorce) can be final approximately three months after the divorce petition is filed and delivered to your spouse. You may be able to reduce this time if the judge thinks you have a very good reason. If you and your spouse have agreed on the divorce terms and both signed the proposed final judgment, the judge can waive the waiting period.
A contested divorce (where you and your spouse are arguing about the terms of the divorce), could take much longer than three months because court hearings may be needed.
Will I have to go through a trial to get a divorce?
If the divorce is uncontested (if you and your spouse agree about all the terms of the divorce), you can probably get divorced without a trial. But if the divorce is contested you will probably need a trial.
Court costs and fees are in the range of $300. The Circuit Court Clerk's office at your local courthouse can tell you the costs and fees in your county. If you can't afford to pay the costs and fees, you can ask the judge to excuse you from paying them by filling out court papers that show your income is very low and your expenses are more than your income. For more information, click here.
If you hire a lawyer, you will need more money. These cases can cost a lot if you have a trial. Be sure you know what the lawyer's charge includes. Keep asking questions until you understand what the lawyer's bill will pay for.
If you and your spouse agree about all the terms of the divorce, or if neither you nor your spouse wants to contest (fight about or challenge) what the other is asking for, you won't need a trial. You may be able to do the divorce paperwork yourself, but you may want a lawyer to look it over.
Divorce paperwork is available online at Once at this website, click on the "FORMS" link and then choose "Family Law Forms". Finally, print the appropriate forms and instructions for your circumstances.
If you meet all the rules for a Summary Dissolution (click here for information), you can get the forms at the county courthouse. Also, the legal aid office serving your county may give classes and materials so that you can handle your own divorce. You may want to have a lawyer look over the divorce papers you prepare. This will cost less than having a lawyer do the whole divorce.
If you and your spouse cannot agree and one of you will contest issues in the divorce in court, a judge will have to make a decision about the issues. This will probably require court hearings. If one spouse gets a lawyer, the other spouse often needs one too.
If your spouse has an income that is much higher than yours, the judge may order your spouse to pay your lawyer. If you have an income that would allow you to make monthly payments to a lawyer, talk to different lawyers to see if they will help you. Some legal aid offices do not handle divorces directly, but they may offer classes and materials to help you do your own divorce. See the Resource Section of this booklet for the legal aid office nearest you.
Will there be problems getting a divorce if the wife is pregnant?
No, but your divorce petition (request) should state that the wife is pregnant and if the husband is the father. The judge will want to know if the husband is the father, so that issues such as child custody and support can be handled as part of the divorce.
If the husband is not the father, the divorce petition and the final divorce judgment should state that he is not the father. Otherwise, the law will assume that he is and treat him as the father.
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