Grounds for Divorce in Oregon: No-Fault, Fault and Separation Requirements
Oregon has one ground for dissolution, irreconcilable differences that have caused the irremediable breakdown of the marriage. Fault is abolished, and the court may not consider it in dividing property or fixing support.
What are the grounds for divorce in Oregon?
One ground for dissolution: irreconcilable differences between the parties that have caused the irremediable breakdown of the marriage (ORS 107.025(1)). Separation has three additional bases.
| Basis | Section | What the statute says |
|---|---|---|
| Irreconcilable differences | 107.025(1) | Irreconcilable differences have caused the irremediable breakdown of the marriage: dissolution or permanent separation |
| Temporary separation | 107.025(2)(a) | Irreconcilable differences have caused a temporary or unlimited breakdown |
| Separation by agreement | 107.025(2)(b) | An agreement filed with the court suspending the obligation to live together for at least one year |
| Separation to protect an interest | 107.025(2)(c) | Irreconcilable differences exist and remaining married preserves a legal, financial, social or religious interest |
Is Oregon a no-fault state?
Yes. The doctrines of fault and in pari delicto are abolished in suits for annulment, dissolution or separation (107.036(1)).
Is there a separation requirement in Oregon?
No. A dissolution needs no period apart. Use the Oregon divorce timeline calculator to see the six-month residence date.
Can the court hear evidence of misconduct in Oregon?
Not about specific acts of misconduct, except where child custody is an issue and the evidence is relevant to it, or at a hearing where the court finds it necessary to prove irreconcilable differences (107.036(2)).
Can the court grant a separation instead of a dissolution in Oregon?
Yes. Separation may be granted for a temporary or unlimited breakdown, on a filed agreement suspending the duty to live together for at least a year, or where remaining married preserves a legal, financial, social or religious interest, and the judgment states the separation’s duration (107.025(2), 107.036(4)).
What is irremediable breakdown in Oregon?
The statute does not define it; it is the breakdown of the marriage caused by irreconcilable differences, and the court may hear evidence of specific acts only to the limited extent in 107.036(2).
Do both spouses have to agree to the ground in Oregon?
No. One spouse’s showing of irreconcilable differences that caused the irremediable breakdown is the ground, and the court shall render judgment once satisfactory proof is made (107.036(4)).
Can lifestyle or income count against a parent in custody in Oregon?
Only if shown to be causing or likely to cause emotional or physical damage to the child (107.137(4)), so the grounds for the divorce itself do not decide custody.
Does a disability count against a parent in Oregon?
No. The court may not consider a party’s disability in determining custody unless related behaviors or limitations endanger or will likely endanger the child’s health, safety or welfare (107.137(3)).
Does fault matter to property or support in Oregon?
No. In dividing property and in fixing the amount and duration of support, the court shall not consider the fault of either party in causing the grounds for dissolution (107.036(3)). See the Oregon property division calculator and the Oregon alimony calculator.
Does abuse matter to the children in Oregon?
Yes. The abuse of one parent by the other is a custody factor, and if a parent has committed abuse as defined in ORS 107.705 there is a rebuttable presumption that it is not in the child’s best interests to award that parent sole or joint custody (107.137(1)(d), (2)). See the Oregon parenting time calculator.
Must the court grant the divorce once the ground is proved in Oregon?
Yes. When satisfactory proof of grounds is made, the court shall render a judgment of dissolution or separation, and a judgment of separation must state its duration (107.036(4)).
Frequently asked questions
What are the grounds for divorce in Oregon?
Irreconcilable differences that have caused the irremediable breakdown of the marriage.
Is Oregon a no-fault divorce state?
Yes. Fault is abolished in dissolution suits.
Is a separation period required for an Oregon divorce?
No separation period is required.
Does adultery matter in an Oregon divorce?
Not to property or support; the court shall not consider fault in dividing property or fixing support.
Can my spouse stop an Oregon divorce?
A spouse can dispute that the breakdown is irremediable, but once the ground is proved the court shall render judgment.
Official sources
- ORS chapter 107: dissolution of marriage, annulment and separation
- Oregon Child Support Guidelines and commentary (OAR 137-050-0700 to 0765)
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Oregon statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Oregon attorney.