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Oregon Family Laws

Oregon is a no-fault divorce state — the sole ground is "irreconcilable differences." Oregon requires no separation period and no residency duration if the marriage was performed in Oregon; otherwise, 6 months of residency is required. Property is divided by equitable distribution. Oregon uses a rebuttable presumption of equal parenting time for custody. The state uses an income shares model for child support with detailed guidelines.

Last verified: 2026-02-25

Statute of Limitations

6-month residency (or married in Oregon); 90-day cooling-offORS §§ 107.075, 107.065

At least one spouse must be a resident of Oregon for 6 months before filing — unless the marriage was performed in Oregon, in which case there is no residency waiting period. A 90-day cooling-off period applies from the date of filing before the court can enter a judgment.

Key Oregon Statutes

Grounds for DissolutionORS § 107.025

The sole ground for divorce in Oregon is "irreconcilable differences between the parties which have caused the irremediable breakdown of the marriage." No fault-based grounds exist.

Property Division (Equitable Distribution)ORS § 107.105(1)(f)

Courts divide marital property equitably, with a rebuttable presumption of equal contribution to property acquired during the marriage. Pre-marital property, gifts, and inheritances are generally treated as separate property.

Custody (Parenting Time)ORS §§ 107.137, 107.169

Oregon courts determine custody based on the best interests of the child. Joint custody is only awarded if both parents agree. The court considers emotional ties, interest in continuing the relationship, abuse history, and the child's preference if of sufficient age.

Child Support (Income Shares)ORS § 25.275

Oregon uses an income shares model. Guidelines consider both parents' gross income, healthcare costs, childcare costs, and parenting time (credit begins at 25% overnight time). Support continues until 18, or 21 if the child is attending school.

Spousal SupportORS § 107.105(1)(d)

Oregon recognizes three types of spousal support: transitional (retraining/education), compensatory (contribution to spouse's education or career), and maintenance (ongoing support based on need and ability to pay). No statutory formula — courts use broad discretion.

Family Abuse Prevention Act (FAPA)ORS §§ 107.700–107.735

FAPA provides restraining orders for family/household members experiencing abuse. Orders can be obtained same-day ex parte, last 1 year, and can include custody, no-contact provisions, and firearm surrender.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Oregon Legislature — Domestic Relations. For advice about your specific situation, consult a licensed attorney.

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