Filing for divorce differs from state to state. The reason is that the U.S. does not have a federal divorce policy, leaving divorce laws up to the different states to decide.
That means each state has laws that may differ slightly when it comes to handling divorce. So how does divorce work in Oregon exactly? Is it so different from other states?
Filing a divorce in Oregon is similar to other states, though some minor differences exist. Today, we will share with you how to file for a divorce in the state of Oregon.
How To File For Divorce In Oregon
1. Meet The Residency Requirements
Before you can file for a divorce in Oregon, you first need to meet the state’s residency requirements.
The residency requirement in Oregon to file for a divorce is that if either spouse is a resident of Oregon and got married there, they meet the residency requirements.
On the other hand, if the married couple was not married in Oregon, at least one of the spouses must be a resident of the county for six months or 91 days, where they will file for the divorce.
2. Preparing Your Forms
The second prerequisite requirement to file for a divorce is to prepare the forms that the state requires. The first form to complete is the Petition for Dissolution of Marriage form.
Depending on the county where you or your spouse live, you may also have additional forms to fill out and file. You also have the option to file on fault grounds or as a no-fault divorce in Oregon.
Though there must be a legal ground for a divorce.
You can file for a divorce on the following fault grounds:
- Either of the spouses was incapable of consenting to the marriage because either of them was not at a legal age or did not have sufficient understanding.
- Forced marriage
Oregon is also a no-fault divorce. A no-fault divorce can be filed by stating that the marriage is irretrievably broken.
3. Filing For A Divorce
You will file for the divorce in the county’s courthouse where at least one of the spouses resides. After filing your forms, you must pay a court fee.
The average filing fee in Oregon is $301. You may ask for a fee waiver if you cannot afford the filing fee.
If you are the supposed defendant and your spouse filed a divorce against you, you need to respond as quickly as you can. Otherwise, your spouse can get a default/uncontested divorce.
4. Serving Your Forms
You can serve your spouse the divorce complaint in multiple ways. These four ways to do this are:
- Sheriff deputy
- Private process service
- Through a non-party at the age of 18
- You might deliver it to your spouse if they signed an Acceptance of Service
But if your spouse is in jail, deployed in the military, or you cannot locate them, you may have to try another way of serving your forms. You can check with the court clerk about service in these situations.