Oregon Divorce Laws 3

In: Oregon

Divorce Law Basics in the State of Oregon

Also See: Oregon Marriage Laws

Statute: Oregon State Divorce Code (Volume 3, Chapter 107): leg.state.or.us No-Fault Grounds:

  • Irreconcilable differences

At-Fault Grounds:

  • Inability to enter into a contract of consent because of age or sufficient understanding
  • When the consent to marry was obtained by force or fraud

Residency: Either party must be a resident of the state for at least 6 months prior to filing or the marriage must have taken place in the state and either party is a resident at time of filing.

Legal Separation Recognized? Yes; one party must be a resident at the time of filing and the separation will be granted for a specified period of time. At the expiration of such time, the order of separation shall have no further effect unless either party petitions for divorce within two years after the entry of a separation decree. In this instance, the court may convert the order of separation into a decree of divorce.

Counseling Requirements: The court shall require the parties to attend parenting education classes if a minor child is involved.

Property Distribution: Oregon relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own.Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault is not a consideration.

Alimony: Alimony may be awarded to either party at the discretion of the court.


  • John

    I am dating someone that is currently married but filling for a divorce in June, she has 2 kids as well as a R.O. on the person (which he contested and lost). With me dating her in the state of Oregon is this considered as adultery or cheating? Would she also have trouble with keeping custody of her 2 children, when it comes time to fight for custody, because of me? Thank You…..

  • Flo

    I have been partnered with this man since 6-16-2000 and we legally married 7-31-2003, in 8-03 he hired as an Civilian Contractor working for a company contracted to the Millitary on Fuel Convoys in the War Zone. !0 day R&R’s 3-4 times per yr. and he worked till 8-2010. We have progressly grown apart. We bought a home in the county spent most of the moiney with having impovements made. Since I work all of our books I still have axcess to Durable Power Of Attorney to deal with my husband
    affairs along with my own. He has come back with an attitude, claiming since we are not getting alon much, He is claiming that house belongs to him and miost of everthing we have bought together. He just turned 77yrs. 12-13-11 & I will be 73yrs. 1-4-2012. My QUESTION is I can’t afford at the present time to file for Divorce. He has moved out of our bedroom now 11 months and stays alone much of the time as I would think he could be suffering from that WAR Stess Syndrom. I fear for my life everyday and I have a 35′ travel trlr. that I could live in in town, But I’m told that the IOregon State Laws say’s, If I moved out of the house before filing …..MY Husband automactlly is awarded the house and I lose my rights for half of it and it’s contents and alimony support from my husband. I have macular Degenrtion in my right eye being treated. Can he just kick me out and Oregon State Laws will support this?

  • Mary

    My husband left me for another woman 18 months ago and we are divorced as of 11-07-2011. Since I was blindsided by his infidelity, I have been emotionally, mentally distraught since he left 09/02/2010. I have been seen by a therapist and my doctor on a regular basis since he left and have chronic, severe depression ever since. I’m on medications and had to discontinue some of them because of no insurance. I don’t think that they helped anyway. We were married 24 years. I believed that we were a happy couple who would be together forever. I’m 64 years old and I’m devastated to say the least! I will have insurance on April 1, 2012. I hope! He has to pay for it until I’m 65 until I’m on medicare. I would have had my health benfits for life if this divorce (I didn’t want it) hadn’t happened because he was a retired government employee.
    I want to sue her for her part in destroying my marriage and my life. Is there any law that would help me to do that being that I live in Oregon?