Oregon Divorce Records

Divorce rates across the United States have generally declined over the past decade. However, Oregon has witnessed an increase in divorces in recent years, with the state reporting a divorce rate of 2.8 divorces per 1,000 in 2022, higher than the national average of 2.4 per 1,000. Divorce rates in the state are usually higher among African Americans and lowest among Asians compared to other ethnic groups.

There are several types of divorce records available in Oregon. These include:

• Divorce Decrees: these are legal records generated by the Circuit Court that granted the divorce. These records typically contain detailed information on the divorce, including its terms (such as property division, child custody, and support).
• Divorce Certificates: these are certified documents issued by the Oregon Center for Health Statistics that serve as proof of the divorce. Divorce certificates also contain information on the divorce, like the names of the divorced parties and the date and location of the divorce.
• Divorce Indexes: these contain basic statistical information obtained from older divorce records.

What Are the Residency Requirements for Divorce in Oregon?

Per Oregon Revised Statutes (ORS) Section 107.075, either you or your spouse must have been living in Oregon for at least six months before you can file for divorce in the state. However, an exemption may be made for couples who got married in the state, if the grounds for filing is that one party was not capable of consenting to the marriage or was forced/tricked into doing so.

What Are the Grounds for Divorce in Oregon?

Divorces in Oregon are typically granted on the grounds of "irreconcilable differences". This is a no-fault-based divorce, meaning that the spouse asking for the divorce does not have to prove that the other person did anything wrong. This differs from fault-based divorces, where the filing spouse has to prove a specific act of wrongdoing on the part of the other partner.

Note that divorces may also be granted in Oregon on fault-based grounds, such as if one party was unable to consent due to being underage or lacking sufficient understanding, or if consent was obtained through force or fraud.

How Much Does It Cost to File for Divorce in Oregon?

The average cost for filing for a divorce in Oregon is $10,301 per person. This figure is higher than the national average of $9,970 but on par with divorce costs in nearby states of Washington ($10,314) and Nevada ($10,258). Note that actual divorce costs vary by situation and include a filing fee of $301, plus associated costs like:

• Attorney fees
• Mediation costs
• Counseling/family therapy
• Property and joint debts division
• Forensic accountant fees
• Spousal and child support calculations

How Long Is the Waiting Period for Divorce in Oregon?

There is no mandatory waiting (cooling-off) period for divorces in Oregon and divorces are typically granted once all paperwork is filed and agreements are reached.

Note that waiting periods are distinct from separation periods, which refer to the time a couple lives apart before or during the divorce process. Separation is not required for divorces in Oregon; however, couples who have been legally separated for two years may convert their judgment of separation to a divorce judgment.

How To File for Divorce in Oregon?

The divorce process in Oregon typically involves the following steps:

• Confirm that you can file in the state. You or your spouse typically need to have lived in Oregon for at least six months before filing.
• Complete the necessary paperwork and file the forms at a local Circuit Court (this may be in the county where either you or your spouse currently lives).
• Serve your spouse with a copy of the divorce papers. The served party typically has 30 days to file a response:
  • If your spouse fails to file a response, you may get a default judgment (you will typically need to file additional paperwork informing the court of your spouse's non-participation).
  • If they file a response, but both of you agree on all issues (uncontested), you may draw up an agreement and get it approved by the court. This is also known as stipulated judgment.
  • If both parties cannot reach an agreement (contested), a trial may be held, where a judge will decide on the contested issues (trial judgment).
• Once all issues are resolved, the judge will sign a final judgment (divorce decree), officially granting the divorce.

The Oregon Judicial Department offers online access to several resources that may be utilized to get more information on the state's divorce process.

Are Divorce Records Public in Oregon?

The accessibility of divorce records in Oregon primarily depends on the type and age of the record.

Per ORS Chapter 432, divorce certificates less than 50 years old are generally exempt from public disclosure and may only be accessed by parties with a direct and tangible interest in the record. These include the couple named on the record and their immediate family or authorized representatives. On the other hand, divorce decrees and other types of divorce records maintained by state courts, county clerks, or recording officers are generally open to the public. However, certain information in these records, such as Social Security numbers, details on minors, and abuse victims, may be restricted to protect the privacy of the parties involved.

How To Get Certified Copies of a Divorce Decree in Oregon?

You may obtain certified copies of a divorce decree in Oregon by submitting a request to the Circuit County that granted the divorce. Requests may be submitted to the court in person or by using the Oregon Judicial Department's online form (a separate form is provided for Multnomah County). You will typically need to provide the names of the parties involved in the divorce and a case number. There is also a $5 fee, plus additional charges per copy requested. You may contact the specific court for more information, including their current processing times.

Note that, even though the terms "divorce decree" and "divorce certificate" are sometimes used interchangeably when referring to divorce records, they are not the same. A divorce decree is a court order that officially ends a marriage and outlines the terms of the divorce, while a divorce certificate is a document (created from the divorce decree) that serves as official proof of the divorce. Oregon divorce certificates are considered confidential for the first 50 years; during this time, they may only be accessed by specific parties, such as:

• The couple named on the record
• Their immediate family (including grandparents and grandchildren)
• Legal representatives
• Government agencies

Eligible parties may obtain certified copies of Oregon divorce certificates by mailing a Dissolution/Divorce Record Order Form, along with the necessary supporting documentation and fees ($25 per certificate) to the Oregon Center for Health Statistics (using the addresses provided on the form). Requests are typically processed within 5 – 7 weeks.

Divorce Settlement: Is Oregon a 50/50 State?

Oregon is an equitable distribution state, meaning that marital property (and debts) is divided equitably in a divorce. While this may sometimes result in a 50/50 split, the focus is typically placed on ensuring that each party gets a "just and proper" amount.

This makes Oregon stand out among neighboring states – California, Washington, and Nevada – where marital property is typically divided equally among spouses (the community property approach).

FAQs about the Divorce Process in Oregon

Here are answers to commonly asked questions about the divorce process in Oregon.

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