Uncontested Divorce in Oregon — Co-Petition, Summary Dissolution, and Default Paths
Uncontested Divorce in Oregon — Co-Petition, Summary Dissolution, and Default Paths
An uncontested divorce in Oregon can be finalized in as little as two to four weeks and cost as little as $301 total. But "uncontested" covers several different filing paths in Oregon, and choosing the wrong one adds unnecessary fees, paperwork, and delay.
What Makes a Divorce Uncontested in Oregon
A dissolution is uncontested when both spouses agree on every term: property division, debt allocation, spousal support (if any), and custody and child support (if children are involved). The judge reviews the agreed terms and signs off without a hearing or trial.
The moment one spouse disputes any term — even a single asset — the case becomes contested and heads toward mediation or trial.
Path 1: Co-Petitioner Filing (Fastest and Cheapest)
If both spouses agree on everything before filing, they can file together as co-petitioners. This path is unique to Oregon and offers significant advantages:
- One filing fee: $301 total, not $301 per spouse
- No service of process: Both spouses sign the petition, so there's no summons and no need for a process server
- No response period: The 30-day waiting period for a respondent's answer doesn't apply
- No hearing: The judge reviews the stipulated General Judgment in chambers
The co-petitioner path uses a different form set — the Co-Party Petition for Entry of Stipulated Judgment — and requires both spouses to appear on the paperwork from the start.
Path 2: Summary Dissolution (ORS 107.485)
Oregon offers a simplified, short-form dissolution for couples who meet strict criteria. All of these must be true at the time of filing:
- Marriage lasted 10 years or less
- No minor children, no children ages 18-20 attending school, and neither spouse is pregnant
- Neither spouse owns any real property (land, home, or building) anywhere
- Total unpaid marital debts are $15,000 or less
- Total personal property (vehicles, bank accounts, household goods) is worth less than $30,000
- The petitioner waives all rights to spousal support
- No other pending divorce, separation, or annulment in any state
Failing even one criterion disqualifies you from summary dissolution. The upside: less paperwork, a faster timeline, and a streamlined final judgment.
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Path 3: Sole Petition With Stipulated Judgment
When one spouse wants to initiate the process but the other is cooperative, the sole petition path still results in an uncontested outcome. The petitioner files, serves the respondent, and both sign a stipulated General Judgment.
The respondent doesn't need to file a formal Response (saving the $301 appearance fee). They simply sign the agreed judgment. The judge reviews it without a hearing.
This path costs $301 for the petitioner plus $35-$150 for service of process. Timeline is typically three to six weeks — service plus 30-day response window, though the respondent can sign immediately.
Contested vs. Uncontested: Where the Line Is
The critical distinction isn't hostility — it's agreement. Cooperative couples who disagree about the value of a retirement account or the parenting schedule are technically contested, even if they're on good terms.
Contested cases in Oregon trigger mandatory financial disclosures under ORS 107.089, possible court-ordered mediation, settlement conferences, and potentially a domestic relations trial. Average contested cases take 6-12 months and cost thousands in attorney fees.
An uncontested case that's well-organized can finalize in weeks.
Requirements That Apply to All Uncontested Paths
Even the simplest uncontested dissolution requires:
- Residency: At least one spouse must live in Oregon (no duration requirement if married in Oregon; six months if married elsewhere)
- Financial disclosure: ORS 107.089 requires both spouses to exchange tax returns, income statements, and asset documentation within 30 days — though cooperative couples can waive this in writing
- Parenting class: If minor children are involved, both parents must complete a court-approved parenting education class before the judge will sign the final judgment
- Confidential Information Form: All cases require the CIF under UTCR 2.130
Common Mistakes in Uncontested Filings
The most frequent clerk rejections in uncontested cases come from omitting the Confidential Information Form, forgetting child medical support terms in the proposed judgment (required under ORS 107.106 for any case involving children), and failing to name adult children ages 18-20 as necessary parties under ORS 107.108.
The Oregon Divorce Filing Process Guide includes checklists for each uncontested path — co-petitioner, summary dissolution, and sole petition — so you file the right forms in the right order the first time.
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