Oregon No-Fault Divorce Requirements — Residency, Grounds, and What You Need to File

Oregon is a purely no-fault state. You cannot file for divorce based on adultery, cruelty, abandonment, or any other fault-based ground — those doctrines were entirely abolished from Oregon domestic relations law. The sole ground for dissolution is "irreconcilable differences" that have caused the "irremediable breakdown of the marriage." No proof of misconduct required.

Residency Requirements Under ORS 107.075

Before you can file, at least one spouse must meet Oregon's residency threshold. The rule depends on where the marriage took place.

Married in Oregon: At least one spouse must be a resident of or domiciled in Oregon at the time the case is filed. There is no minimum duration — even if you've lived here for one day, you qualify as long as you were married in Oregon.

Married outside Oregon: At least one spouse must have lived in Oregon continuously for at least six months immediately before filing. The six-month clock runs from the date of filing, not the date you moved to the state.

"Domicile" and "residence" aren't identical. Domicile means you intend Oregon to be your permanent home. Someone stationed in Oregon temporarily for work while maintaining a home in another state may not qualify. Court precedent (including Pirouzkar and Pirouzkar, 51 Or App 519) has established that immigration status doesn't prevent establishing Oregon domicile.

County Venue Selection

Once residency is confirmed, you file in the Circuit Court of the county where either you or your spouse currently lives. Oregon has 36 counties, each with its own Circuit Court. If both spouses live in different counties, the petitioner typically chooses.

Filing in the wrong county won't kill your case, but the judge can transfer it to the proper venue — adding weeks to your timeline.

Who Can File

Any spouse who meets the residency requirement can file as the petitioner. Both spouses can also file together as co-petitioners if they agree on all terms.

There are no restrictions based on how long you've been married, whether you have children, or what assets or debts exist. Oregon's only prerequisite is residency and the no-fault ground.

What "No-Fault" Actually Means for Your Case

In practical terms, no-fault means:

• Neither spouse needs to prove wrongdoing. The petition states "irreconcilable differences" and that's sufficient.
• Fault doesn't affect property division. Oregon divides property equitably under ORS 107.105, but the court looks at factors like length of marriage, economic circumstances, and contributions — not who caused the breakup.
• Fault doesn't affect spousal support. Support is based on financial need and ability to pay, not marital misconduct.
• One spouse cannot block the divorce. If one spouse files and the other refuses to participate, the case proceeds to default judgment after 30 days.

The only area where behavior might matter is custody, where the court applies a "best interests of the child" standard and may consider domestic violence or substance abuse.

Additional Requirements Before Filing

Beyond residency and grounds, every dissolution filing requires:

• $301 filing fee (or an approved fee waiver/deferral)
• Petition for Dissolution of Marriage stating residency, marriage date, grounds, and requested relief
• Confidential Information Form (UTCR 2.130) with Social Security numbers, dates of birth, and other protected identifiers
• Parenting Plan and child support worksheets if children under 18 are involved
• Uniform Support Declaration if spousal support or non-standard child support is requested

The Oregon Divorce Filing Process Guide walks through every requirement and form in filing order, from confirming residency through submitting the final judgment.

See more Oregon guides →