Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding dissolution of marriage is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

What happens in a divorce proceeding?
A divorce (called a "dissolution of marriage" by the courts) is a way of legally ending a marriage. A divorce judgment will decide:

Do I need a legal reason to get a divorce?
The only reason you need is that you and your spouse cannot get along, and you see no way of settling your problems. The law calls this "irreconcilable differences."

What if I just moved to Oregon?
In almost all cases, either you or your spouse must have lived in Oregon for six months before filing for divorce. In addition, the divorce must be filed in the county where one of you lives.

Will I need a lawyer to get a divorce?
If the divorce is uncontested (if you and your spouse agree about all the terms of the divorce), you may be able to complete much of the divorce paperwork yourself, but probably will still want advice from a lawyer. If the divorce is contested, you will almost certainly need a lawyer.

Oregon law creates a "short form" Summary Dissolution proceeding for people with few resources in very simple divorce cases. If you meet all the requirements for a Summary Dissolution, you can get the forms at the county courthouse. You can probably do this type of divorce paperwork yourself, but you may want to have a lawyer look it over.

What do I need to do to start a divorce?
If you or your spouse has lived in Oregon for six months or longer, you need to do three things to start your divorce:

How do I serve the divorce papers?
If a lawyer is handling your divorce, he or she will have the divorce papers served on your spouse. If you are using "do-it-yourself" forms, the instructions will tell you what you need to do. Your spouse can agree to sign papers that say he or she has been served. Otherwise, your spouse must be served by either the sheriff or another adult (not you or your children). If you are getting welfare or certain other public benefits, the Division of Support Enforcement will also have to be served with the divorce petition. If you do not have a lawyer, or if the divorce forms you are using do not have instructions about this, you can call the Division to find out how to get it the papers.

What if I am served with divorce papers?
If you agree with all the terms of the divorce as listed in the petition, you do not need to respond. If you want to challenge the terms listed in the petition, you must file a written answer (called a "response") with the court within 30 days after you were handed the papers. Contact a lawyer or your local legal services office to learn about what you can do. There is a court fee to file a response in a divorce case.

How much does a divorce cost?
Court costs and filing fees vary from county to county, ranging from $250 to almost $400. The court clerk’s office can tell you the costs and fees in your county. If you cannot afford to pay the costs and fees, you can ask the judge to waive or defer your payments to a later date. You will need to fill out court papers that show your income is low and cannot cover the expense of filing.

If you hire a lawyer, you will need more money. The more complex the divorce is, the more it will cost. The more issues you and your spouse disagree about, the more work your lawyer will have to do. Ask your lawyer to explain fee and billing procedures at your first conference. Be sure you know what the lawyer’s charges include.

If your spouse’s income is much higher than yours, the judge may order your spouse to pay your lawyer. If you have an income that would allow you to make monthly payments to a lawyer, call the Oregon State Bar Lawyer Referral Service or Modest Means Program for help finding a lawyer who offers payment plans.

How long does it take to get a divorce?
The law usually requires a waiting period of 90 days before a divorce becomes final. How long it will take also depends on the complexity of your case. If you are filing for temporary orders, such as custody and child support, or if you and your spouse dispute the issues in the divorce, you may need to have court hearings. Court timelines can affect how long it takes to get the final divorce decree.

Can I take back my former name?
Yes. The judge must give you back a former name if you ask for it in a divorce.

What is mediation?
Mediation is one or more private counseling sessions in which a trained person tries to help you and your spouse reach an agreement. Many counties offer this as a free service through the courts. The judge might order both of you to go to mediation to try to agree on child custody, support, parenting time, and property division. If this process is not appropriate for you because of safety or other concerns, you may ask that the requirement be waived.

All mediation proceedings are private and confidential. Neither person has to agree to any solutions proposed by the mediator. If the parties are able to reach agreement on some or all of the issues, a written summary of that agreement is usually sent to the lawyers by the mediator.

If you and your spouse cannot agree, a judge will decide these issues. Temporary orders may be issued concerning custody, support, parenting time, and costs before your divorce trial. A custody decision may be made prior to a decision on any other issue.

What is a legal separation?
A legal separation is a court order that states who gets the children, who pays support for the children, whether spousal support is ordered, and who gets what property. You might want a legal separation if your religious beliefs prohibit divorce, or if you or your spouse have not lived in Oregon long enough to file for divorce. A legal separation costs about the same as a divorce. Filing for legal separation does not prevent a divorce from being filed.

You are still married after a legal separation. You cannot remarry without getting a divorce. However, you still have the right to inherit property from your spouse if you are legally separated. If you are divorced, you lose that right.

Is there any service to help people reconcile instead of divorce?
Depending on the county where you live, temporary counseling (called “conciliation”) may be offered if you and your spouse are contemplating divorce. In those counties, conciliation will sometimes be provided to you free of charge. Contact your local Circuit Court clerk for more information.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.