Filing for Divorce

What do I need to do to start a divorce?

In almost all cases either you or your spouse must have lived in Oregon for at least six months before you file the divorce papers. If one of you has lived here that long, you need to do three things to start your divorce:

You must pay or be excused from paying the fees that are charged for filing a divorce petition. There might also be costs for having your spouse served

You must file (turn in) a Petition for Dissolution of Marriage with the Circuit Court Clerk's office at the local county courthouse. The petition tells the court and your spouse what you are asking for in the divorce.

You must have the petition served on (officially delivered to) your spouse. This lets your spouse know that a divorce action has been started and what you are asking for. When the petition is served, or within the next 30 days, you must also give your spouse information about debts and property. (Your spouse must also give you this information.)

Can I use Summary Dissolution forms or other self-help forms to file for divorce?

A summary dissolution is a simple, uncontested divorce. The forms and instructions are free and are available at county courthouses. However, if you and your spouse disagree as to any aspect of the divorce, you have children, pensions, or real property, you should consult with an attorney.

How do I fill out the petition?

The petition tells the judge and your spouse what you are asking for in the divorce. If a lawyer is representing you, he or she will write the petition after talking to you about what you want. If you are using "do-it-yourself" forms, the class you go to or the instructions you receive will give you information about the kinds of things you can ask for in a divorce. After the petition is written, it is filed (turned in) at the courthouse.

How do I serve the divorce papers?

If a lawyer is handling your divorce, he or she will have the divorce papers served on (officially delivered to) 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 adult children).

If you are getting welfare or certain other public benefits, the Division of Child Support 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 SED to find out how to serve them with the papers.

How do I serve the divorce papers if I cannot find my spouse?

If you cannot find your spouse, you will need to serve your spouse by either publishing or posting a notice that you have filed for divorce. You MUST have an order signed by a judge that gives you permission to serve your spouse by publishing or posting notice. To get the order, you will have to show the judge that you have tried in many ways to find your spouse. You will have to pay the newspaper to print the summons. Posting the notice in the courthouse is free. An attorney can help you serve your spouse, even if you do not have your spouses address.

What happens after the divorce papers are filed and served?

If you have filed for divorce and served the papers, and your spouse does not file papers to fight (contest) it, you will be able to get a final divorce decree in approximately four more months. You might be able to get the decree sooner if a judge decides that you have a very good reason. If a lawyer is handling the divorce, the lawyer will file the papers so that you can get the final decree. If you are handling your own divorce, the instructions will tell you what papers you need to file and when you need to file them.

If you are filing for temporary orders, such as custody and child support, or if your spouse files a response to fight about issues in the divorce, you may need to have court hearings. If this happens, it could take much longer than four months to get the final divorce decree. If your spouse gets an attorney, you will probably need one, too.