Summary dissolution of marriage is a proceeding through which some married couples may obtain a divorce without a court hearing. You are eligible to seek a summary dissolution only if all of the following requirements are true in your situation:
1. Either you, your spouse, or both of you, are Oregon residents and have been continuously for the past six months;
2. You have been married to each other for no more than ten (10) years;
3. You and your spouse do not have minor children born to or adopted by you and your spouse during or before the marriage;
4. You and your spouse do not have any children age 18 years or older attending school;
5. The wife is not pregnant;
6. Neither you nor your spouse owns any interest in real property (land or buildings) in Oregon or elsewhere;
7. The personal property owned by you and your spouse (separately or together) is worth less than $30,000;
8. The debts owed by you and your spouse (separately or together) since the date of your marriage total no more than $15,000;
9. You are not asking for spousal support;
10. You are not asking for any temporary orders (except a restraining order or order for exclusive use of a residence under the Family Abuse Prevention Act or Elder Abuse Prevention Act);
11. You are not aware of any pending (filed but not yet decided) divorce, annulment, or separation proceedings involving your marriage in any state; and
12. You and your spouse agree on how to divide your belongings and debts.
If you meet all of the above requirements, you may contact the circuit court clerk in your county to request the necessary forms. Although you do not need a lawyer to file for a summary dissolution of marriage, you may wish to consult one to answer any questions you may have about the procedure. A lawyer may also be able to advise you concerning your rights in a divorce proceeding, and help you decide whether the forms are appropriate in your situation. Some lawyers may be willing to review your paperwork to determine whether you have correctly stated what you are asking for in the dissolution. Click here if you need information on How to Choose A Lawyer.