Oregon law
Family Laws in Oregon.
Oregon is a no-fault divorce state — the sole ground is "irreconcilable differences." Oregon requires no separation period and no residency duration if the marriage was performed in Oregon; otherwise, 6 months of residency is required. Property is divided by equitable distribution. Oregon uses a rebuttable presumption of equal parenting time for custody. The state uses an income shares model for child support with detailed guidelines.
Last verified: 2026-02-25
State law
Statute of Limitations
At least one spouse must be a resident of Oregon for 6 months before filing — unless the marriage was performed in Oregon, in which case there is no residency waiting period. A 90-day cooling-off period applies from the date of filing before the court can enter a judgment.
State law
Key Oregon Statutes
The sole ground for divorce in Oregon is "irreconcilable differences between the parties which have caused the irremediable breakdown of the marriage." No fault-based grounds exist.
Courts divide marital property equitably, with a rebuttable presumption of equal contribution to property acquired during the marriage. Pre-marital property, gifts, and inheritances are generally treated as separate property.
Oregon courts determine custody based on the best interests of the child. Joint custody is only awarded if both parents agree. The court considers emotional ties, interest in continuing the relationship, abuse history, and the child's preference if of sufficient age.
Oregon uses an income shares model. Guidelines consider both parents' gross income, healthcare costs, childcare costs, and parenting time (credit begins at 25% overnight time). Support continues until 18, or 21 if the child is attending school.
Oregon recognizes three types of spousal support: transitional (retraining/education), compensatory (contribution to spouse's education or career), and maintenance (ongoing support based on need and ability to pay). No statutory formula — courts use broad discretion.
FAPA provides restraining orders for family/household members experiencing abuse. Orders can be obtained same-day ex parte, last 1 year, and can include custody, no-contact provisions, and firearm surrender.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oregon.
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