Oregon divorce papers: every form, fee, and filing step explained

Last updated 2026-07-10

What divorce papers do you need to file in Oregon?

Oregon calls divorce a "dissolution of marriage," so you'll see that phrase on every official form. The core packet for an uncontested divorce without children has three documents: the Petition for Dissolution of Marriage (SC 1101 or the equivalent county-specific version), the Summons (numbering varies by county), and a Judgment of Dissolution of Marriage that the court signs when the case is done. Add children and you also need an Oregon Parenting Plan and, in most counties, a Child Support Order Worksheet.

Oregon's Self-Help Center describes the minimum filing packet this way on their forms page: the Petition, Summons, and Judgment are the three documents every dissolution case requires, and you cannot skip any of them ^[1].

If your spouse agrees to sign, you can file what Oregon calls a "co-petitioner" case, where both spouses sign the Petition together and you skip the formal service step entirely. That shaves several weeks off the timeline. If your spouse won't sign, you file alone as the Petitioner and formally serve them.

Beyond the core three, many cases need add-ons. A house needs a deed transfer or deed language embedded in the Judgment. Retirement accounts usually need a separate Qualified Domestic Relations Order (QDRO). Military spouses need an additional affidavit. Oregon's official court forms page lists all dissolution packets by family situation, so search there first before buying anything from a third-party service ^[1].

Where do you get the official Oregon divorce forms?

The Oregon Judicial Department publishes free, fillable PDF forms at courts.oregon.gov. Go to the "Forms" section, choose "Family Law," and pick the dissolution packet that matches your situation: with or without children, with or without property. These are the exact forms circuit courts accept ^[1].

Every Oregon county uses the statewide OJD forms as a baseline, but some counties (Multnomah, Washington, and Lane are the busiest) add local cover sheets or scheduling forms. Before you print anything, check your specific county circuit court's website for a local forms addendum. Multnomah County, for example, has its own Family Law cover sheet that must go in with the petition ^[2].

You can also pick up paper forms at the courthouse clerk's window. The clerk cannot fill them out for you or give legal advice, but they can confirm you have the right packet for your facts.

If you want someone to assemble the packet and pre-fill the blanks based on your answers, a document preparation service is an option. DivorceClear offers a $149 complete packet for Oregon uncontested divorces. That's worth considering if the OJD PDFs feel confusing, though the OJD forms themselves are genuinely usable if you read the instructions carefully.

What are the residency and eligibility requirements for Oregon divorce?

Oregon Revised Statutes section 107.075 sets the residency rule: at least one spouse must have been a resident of Oregon for the six months immediately before filing ^[3]. There is no county-level residency requirement beyond that. You file in the circuit court of the county where either spouse lives.

Oregon is a no-fault state. ORS 107.025 says the only ground you need to allege is that "irreconcilable differences between the parties have caused the irremediable breakdown of the marriage" ^[3]. You do not have to prove wrongdoing, adultery, cruelty, or anything like that. You write that phrase (or its checkbox equivalent) in the Petition and move on.

Legal separation is different from dissolution. If you want to separate but stay married for insurance or other reasons, Oregon has a separate legal separation proceeding. Same basic forms, different outcome. This article covers full dissolution.

Same-sex marriages dissolve exactly the same way as any other marriage in Oregon. The forms use "Petitioner" and "Co-Petitioner" or "Respondent," not gendered terms.

How much does it cost to file divorce papers in Oregon?

The base filing fee for a Petition for Dissolution of Marriage in Oregon circuit court is $301 as of 2024 ^[4]. That is the statewide fee set by the Oregon Legislature under ORS 21.114. A few additional fees apply in specific situations:

Fee item	Amount
Petition for Dissolution (filing fee)	$301
Response / Answer (if spouse files separately)	$252
Motion to modify (post-judgment)	$111
Fee waiver (ORS 21.682)	$0 if you qualify

If you cannot afford the $301, Oregon lets you apply for a fee waiver using Form OJD-FAPA 150.120 (Affidavit of Inability to Pay). You qualify if your income is at or below 125% of the federal poverty level ^[4]. Submit it with your petition; the clerk rules on it the same day in most counties.

Beyond court fees, expect: $50 to $80 to have your spouse formally served by a process server or sheriff if they won't sign as co-petitioner; notary fees of $10 to $25 per document that requires notarization (some Oregon dissolution forms do); and $15 to $30 for certified copies of the final Judgment, which you'll need for name change and financial account updates.

Total out-of-pocket for a simple uncontested Oregon divorce with no attorneys: roughly $350 to $450 if your spouse co-signs, $400 to $550 if you have to serve them. That's far cheaper than the average Oregon family law attorney retainer, which runs $3,000 to $5,000 for an uncontested matter according to Oregon State Bar fee surveys ^[5].

How do you fill out the Oregon Petition for Dissolution of Marriage?

The Petition has seven main sections. Work through them in order.

Section 1: Identify the parties. Legal names exactly as they appear on your marriage certificate, current mailing addresses, and the date and place of marriage.

Section 2: Residency. State which spouse has lived in Oregon for the past six months and in which county ^[3].

Section 3: Grounds. Check the irreconcilable differences box. That's it.

Section 4: Children. List every minor child of the marriage with full legal name and birthdate. If there are no minor children, check that box. Oregon courts will not sign a Judgment that ignores children from the marriage.

Section 5: Property and debt. You do not have to list every item here. You attach a Settlement Agreement (sometimes called a Marital Settlement Agreement or MSA) that spells out the division. The Petition just needs to say you have (or don't have) marital property and that you're asking the court to divide it.

Section 6: Spousal support. If you want alimony, ask for it here. Oregon calls it "spousal support" and has three types: transitional, compensatory, and maintenance. If you agree to waive it, say so. If you don't address it in the Judgment, you lose the right to ask for it later.

Section 7: Signature. Both spouses sign if co-petitioning. One signs if filing alone. Some counties require notarization of the Petition; check your county's instructions.

Attach the Summons and your Settlement Agreement behind the Petition. Staple or clip the packet in the order the clerk's instructions specify. Do not fold or three-hole-punch unless the clerk's office specifically asks for it.

What goes in the Oregon Marital Settlement Agreement?

The Settlement Agreement (MSA) is where the real terms of your divorce live. Oregon courts do not dictate the format as long as the document covers property division, debt allocation, and (if applicable) parenting and support. Courts will not approve a Judgment that contradicts Oregon law on child support, so make sure any child support number matches or exceeds the Oregon Child Support Guidelines calculation ^[6].

For property: list the address of any real estate, who keeps it, and how the equity or mortgage is handled. For personal property: you can write "each party keeps property currently in their possession" for basic household goods, or attach a detailed list. For retirement accounts: name the account, the plan administrator, and specify whether a QDRO is needed. Oregon courts will sign a QDRO as part of the Judgment package.

For debt: list each account by creditor name and last four digits, and assign responsibility. Assigning a joint debt to your spouse in your MSA does not remove your name from the creditor's records. That takes the creditor's agreement or a refinance.

For spousal support: state the monthly amount, start date, duration, and termination events (remarriage, death, or a date certain).

Write the MSA in plain language. "Petitioner shall receive the 2018 Honda Civic, VIN ending 4421" is fine. Courts accept plain English. Both spouses sign the MSA, and many counties require notarized signatures.

If you have a house and want to know what divorce lawyers charge to draft an MSA versus doing it yourself, the honest answer is a few hundred dollars versus a few hours of your time. The OJD self-help center has a sample MSA template you can adapt ^[1].

How do you file and serve Oregon divorce papers?

Step 1: Make three copies of your complete packet (Petition, Summons, MSA, any attachments). Keep one set for your records.

Step 2: Take the original plus two copies to the circuit court clerk in your county. Pay the $301 filing fee (or submit your fee waiver). The clerk stamps all copies, keeps the original, gives you two stamped copies back, and assigns a case number. Everything after this uses that case number.

Step 3: Serve your spouse. If you filed jointly as co-petitioners, both spouses signed the Petition and service is already done. If you filed alone, you must serve the Respondent with a stamped copy of the Petition and the Summons. Oregon Civil Procedure Rule 7 governs service ^[7]. Options: personal service by a process server, service by the county sheriff (fee varies, roughly $50 to $80), or certified mail with return receipt if the Respondent is out of state. You cannot serve your spouse yourself.

Step 4: File Proof of Service. Once served, file the Affidavit of Service (signed by whoever served) with the clerk. This starts the response clock.

Step 5: Wait. Oregon requires a 91-day waiting period from the date of service before the court can sign a Judgment of Dissolution ^[8]. This is a statutory minimum under ORS 107.115. No exceptions, even if both parties agree and everything is signed.

Step 6: Submit the proposed Judgment. After 91 days (and after your spouse's 30-day response window has passed with no contest), file the proposed Judgment of Dissolution with a cover sheet asking the judge to sign it without a hearing. In most uncontested Oregon cases the judge reviews and signs on the papers alone. You'll get the signed Judgment by mail.

Step 7: Get certified copies. Order at least two certified copies of the signed Judgment for your records.

How long does an Oregon divorce take?

The absolute minimum is 91 days from the date of service, full stop ^[8]. Oregon Revised Statutes 107.115 sets that floor and courts cannot waive it.

Most uncontested Oregon divorces finish in three to five months. The extra time comes from clerk processing backlogs (Multnomah County can run four to six weeks to process a filed petition), judge review time for the proposed Judgment (typically two to four weeks after you submit it), and any back-and-forth if you made a mistake on a form.

Contested divorces where spouses disagree on property, custody, or support take much longer. Contested cases in Oregon frequently run 12 to 18 months, and longer if there's extensive discovery or a trial ^[5].

The fastest path: file as co-petitioners on the same day, submit the proposed Judgment on day 92, and follow up with the clerk by phone if you haven't heard back in three weeks. Nothing in Oregon law requires a hearing for an uncontested case, so you may never set foot in the courtroom.

What happens if you have children: Oregon parenting plan and child support

Every Oregon dissolution involving minor children must include an approved Parenting Plan and a child support order. The court will not sign your Judgment without them ^[6].

The Parenting Plan spells out: where the children live primarily, the parenting time schedule for the other parent (weekdays, weekends, holidays, summers, school breaks), decision-making authority on education, medical care, and religious upbringing, and a transportation plan. Oregon no longer uses the term "custody" in the traditional sense; the Parenting Plan is the operative document.

Child support in Oregon is calculated using the Oregon Child Support Guidelines, which use both parents' incomes, the parenting time split, health insurance costs, and childcare costs. Use the Oregon Child Support Program's online calculator to get the presumptive amount ^[6]. If you agree to deviate from that number, your Judgment must explain why deviation is in the children's best interest, or the court will reject it.

The Oregon Child Support Program can calculate the guideline amount for you for free if you contact them, and can enforce a child support order after the Judgment is signed. Their website has the current guidelines worksheets ^[6].

If you want to estimate support before filling out the paperwork, a child support calculator can give you a working number to plan around, though you'll need the official Oregon worksheet in your final packet.

How does Oregon divide property and debt in a divorce?

Oregon is an equitable distribution state, not a community property state. ORS 107.105 gives the court authority to divide all marital property "as may be just and proper in all the circumstances" ^[3]. Equitable does not automatically mean 50/50, though equal division is the starting presumption for long marriages.

What's marital property? Generally, anything acquired during the marriage regardless of whose name is on it. Gifts and inheritances received by one spouse individually are usually separate property, but they can become marital if commingled (deposited into a joint account, for example).

In an uncontested divorce you divide property by agreement in your MSA. The court will approve almost any reasonable division you both accept. Where courts push back: agreements that leave one spouse with nothing while the other keeps everything, or agreements that try to assign joint debt without dealing with refinancing.

Real estate is the most complex piece. If you're selling the house and splitting proceeds, your MSA says so and a deed transfer happens at closing. If one spouse keeps the house, they typically need to refinance within a set period to remove the other spouse from the mortgage. The Judgment should include a deadline for that refinance and what happens if it doesn't close in time.

Retirement accounts (401k, pension, IRA) require specific language and often a QDRO. Some retirement plan administrators run their own QDRO approval process that can take months, so start that process as soon as the Judgment is signed.

Can you change your name when you file Oregon divorce papers?

Yes. Oregon Revised Statutes 107.105(1)(h) lets you request a name change as part of the dissolution Judgment at no extra fee beyond the filing fee ^[3]. Mark the name change request on your Petition and list the name you want restored (usually a prior surname). The signed Judgment is your legal proof of name change.

Once you have the certified Judgment, take it to the Social Security Administration first to update your Social Security card, then to DMV for your Oregon driver's license, then to your bank, employer, and anyone else who needs it. SSA requires you to update Social Security before DMV will update your license ^[9].

If you forget to request the name change in the Petition, you can still petition for one after judgment, but it takes a separate filing and a $113 filing fee in Oregon circuit court. It's far easier to include it from the start.

What if your spouse won't respond to the Oregon divorce papers?

If you file alone and your spouse is properly served but does not file a Response within 30 days (30 days from service under Oregon Civil Procedure Rule 69), you can move for a default ^[7]. File a Motion for Default and an Affidavit stating the service date and that no Response was filed. The clerk enters default. Then submit your proposed Judgment as in the normal process.

Default does not mean you automatically get everything you asked for. The judge still reviews the proposed Judgment for fairness, particularly on child support and parenting. But it does mean your spouse has given up the right to contest the terms.

If you cannot find your spouse at all, Oregon allows service by publication under ORS 107.105 and the civil procedure rules, but the requirements are strict: you must show due diligence in attempting personal service, then publish a legal notice in an approved newspaper for a set number of weeks ^[7]. This adds cost (publication fees of $100 to $300 typically) and time.

A default divorce in Oregon still runs through the 91-day waiting period from the original service date.

Frequently asked questions

How much is the filing fee for divorce papers in Oregon?

Oregon charges $301 to file a Petition for Dissolution of Marriage in circuit court as of 2024. That fee is set by ORS 21.114. If your income is at or below 125% of the federal poverty level, you can apply for a fee waiver using OJD Form 150.120. The $301 is the only mandatory court fee for a basic uncontested case without post-judgment motions.

Where do I file divorce papers in Oregon?

File at the circuit court in the county where you or your spouse currently lives. Oregon has 36 counties, each with its own circuit court clerk's office. You can find the address, hours, and local filing instructions on the Oregon Judicial Department's county court directory at courts.oregon.gov. Some counties accept filings by mail; most still require in-person submission for an initial Petition.

How long does an uncontested divorce take in Oregon?

At minimum, 91 days from the date your spouse is served with the Petition. That waiting period is set by ORS 107.115 and cannot be waived. In practice, most uncontested cases finish in three to five months after clerk processing time and judge review of the proposed Judgment. No court hearing is typically required if both parties agree on all terms.

Does Oregon require a separation period before you can divorce?

No. Oregon does not require spouses to live separately for any period before filing for dissolution. The only time requirement is the 91-day waiting period after the Petition is served. You can file for divorce the same day you decide to end the marriage, as long as you or your spouse have lived in Oregon for the six months before filing.

Can I file for divorce in Oregon without a lawyer?

Yes. Oregon allows self-represented (pro se) filers. The Oregon Judicial Department maintains a self-help center at courts.oregon.gov with free forms, instructions, and videos. Court clerks can confirm you have the right forms but cannot give legal advice. Most uncontested divorces with agreed terms on property and children are manageable without an attorney, though complex asset situations (business ownership, pensions) may warrant a consultation.

What is the difference between a co-petitioner divorce and a regular divorce in Oregon?

A co-petitioner divorce is one where both spouses sign the Petition together from the start. Because both parties have already appeared, formal service with a Summons is skipped. This saves the service fee ($50 to $80) and a few weeks of waiting for a response. A single-petitioner divorce has one spouse file alone and formally serve the other. Both paths still require the 91-day waiting period.

What documents do I need to prepare the Oregon divorce papers?

Have these ready before you start: your marriage certificate (date and place of marriage), both spouses' full legal names and current addresses, a list of all real estate with property addresses, a list of financial accounts with approximate balances, vehicle titles and VINs, names and birthdates of any minor children, both spouses' gross monthly incomes (for child or spousal support calculations), and any existing prenuptial agreement.

Is Oregon a no-fault divorce state?

Yes. Oregon is a pure no-fault state. ORS 107.025 provides only one ground for dissolution: irreconcilable differences causing an irremediable breakdown of the marriage. You check a box on the Petition and move on. Fault, misconduct, or a spouse's behavior during the marriage is not a basis for divorce and does not affect property division under Oregon law.

How does Oregon calculate child support in a divorce?

Oregon uses the Oregon Child Support Guidelines, which factor in both parents' gross incomes, the percentage of parenting time each parent has, health insurance premiums, and childcare costs. The Oregon Child Support Program offers a free online calculator. Courts will not approve a Judgment with a child support amount below the guideline figure unless you document why deviation is in the children's best interest.

What happens to the house in an Oregon divorce?

Spouses can agree to sell and split proceeds, have one spouse buy out the other, or (rarely) continue co-owning temporarily. Whatever you agree on must be spelled out in the Marital Settlement Agreement and incorporated into the Judgment. If one spouse keeps the house and is buying out the other, they typically must refinance within a period stated in the Judgment to remove the other spouse's name from the mortgage.

Can I get my maiden name back in an Oregon divorce?

Yes. Request it in your Petition under ORS 107.105(1)(h). There is no extra fee. The signed Judgment of Dissolution is your legal proof of name change, which you take first to the Social Security Administration, then to Oregon DMV. If you forget to include the name change request in your Petition, a post-judgment name change costs an additional $113 filing fee.

Do I have to go to court for an uncontested Oregon divorce?

Usually no. In most Oregon counties, an uncontested dissolution is resolved on the papers alone. The judge reviews the Petition and proposed Judgment in chambers and mails you the signed Judgment. Some counties or judges may require a brief telephonic or in-person hearing even in uncontested cases, so check your county circuit court's local rules. Multnomah and Lane counties routinely handle uncontested cases without hearings.

What if my Oregon divorce involves military retirement benefits?

Military retirement is divided using a separate order called a Military Retired Pay Division Order (not a standard QDRO). The Defense Finance and Accounting Service (DFAS) has specific requirements for what that order must contain. Oregon courts can include the division language in the Judgment, but DFAS reviews and approves the order separately, a process that can take 30 to 90 days after you submit it to them.

How do I change a divorce agreement after the Judgment is signed in Oregon?

Post-judgment modifications require a motion filed with the same circuit court, citing a substantial change in circumstances (ORS 107.135). The filing fee is $111. Child support and parenting plans are modifiable; a property division in the original Judgment generally is not once it's final. Spousal support can be modified if the Judgment doesn't specifically say it's non-modifiable.

Sources

1. Oregon Judicial Department, Family Law Forms: OJD publishes free fillable dissolution of marriage form packets; the Petition, Summons, and Judgment are required in every case
2. Multnomah County Circuit Court, Family Law Local Rules: Multnomah County requires a local Family Law cover sheet filed with the Petition
3. Oregon Revised Statutes, Chapter 107 (Domestic Relations): ORS 107.075 requires six-month residency; ORS 107.025 establishes irreconcilable differences as the sole ground; ORS 107.105 governs property division and name change
4. Oregon Revised Statutes ORS 21.114, Circuit Court Filing Fees: ORS 21.114 sets the Petition for Dissolution filing fee at $301; ORS 21.682 provides fee waiver eligibility at 125% of federal poverty level
5. Oregon State Bar, Legal Fees and Client Rights: Oregon family law attorneys typically charge retainers of $3,000-5,000 for uncontested dissolution matters per OSB fee guidance
6. Oregon Child Support Program, Department of Justice: Oregon Child Support Guidelines and the free online calculator are administered by the Oregon DOJ Child Support Program; Judgments must comply with guideline amounts or document justification for deviation
7. Oregon Rules of Civil Procedure, Rules 7 and 69: ORCP Rule 7 governs service of process; Rule 69 sets the 30-day response deadline after service before default may be entered
8. Oregon Revised Statutes ORS 107.115, Waiting Period: ORS 107.115 establishes the mandatory 91-day waiting period from date of service before a Judgment of Dissolution may be entered
9. Social Security Administration, Change of Name: SSA requires Social Security card name update before state DMV will update a driver's license following a legal name change
10. Oregon Judicial Department, Self-Help Center: OJD Self-Help Center provides instructions, sample documents, and videos for self-represented filers in dissolution cases
11. Defense Finance and Accounting Service, Military Retired Pay Division Orders: DFAS reviews Military Retired Pay Division Orders separately from state court Judgments; processing typically takes 30-90 days