Divorce Residency Requirements in Oregon: Who Can File and Where
Oregon requires at least one spouse to have been a resident or domiciled continuously for six months before a dissolution on irreconcilable differences. A separation suit needs only residence at filing, and the case is filed in a county where either spouse lives.
What residence does an Oregon dissolution require?
When the marriage was not solemnized in Oregon, or any ground other than those in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or domiciled in the state when the suit is commenced and continuously for six months before (ORS 107.075(2)). Irreconcilable differences, the usual ground, is not one of those listed grounds. The Oregon divorce timeline calculator adds six months to the date you enter.
Does domicile count as well as residence in Oregon?
Yes. The statute says resident of or domiciled in the state, and residence or domicile under it is enough for jurisdiction regardless of where the marriage took place or the cause of suit arose (107.075(2), (4)).
What residence does a separation suit require in Oregon?
One of the parties must be a resident of or domiciled in the state when the suit is commenced, with no six-month period (107.075(3)).
Where do you file for divorce in Oregon?
A petition for annulment, dissolution or separation may be filed only in a county in which the petitioner or the respondent resides (ORS 107.086). The petitioner and respondent may also act as copetitioners (107.085).
Does residence decide custody jurisdiction too in Oregon?
No. The court decides custody on the child’s best interests (ORS 107.137) and needs its own jurisdiction over the child. See the Oregon parenting time calculator and ask a licensed Oregon attorney about the child’s home state.
What must the petition say in Oregon?
The petitioner states the names and dates of birth of all children born or adopted during the marriage and of children born to the parties before it, whether any other domestic relations or support proceeding or order is pending, and whether any protective order exists between the parties, and acknowledges that filing binds the petitioner to the restraining order in ORS 107.093 (ORS 107.085(2)).
Can both spouses file together in Oregon?
Yes. Both parties may act as copetitioners (107.085(1)), which is the usual route for an agreed dissolution.
What does the clerk give each spouse at filing in Oregon?
A notice, prepared by the Director of the Department of Consumer and Business Services, that a spouse may continue health insurance coverage under ORS 743B.343 and the following sections (107.092).
Does the child support division get notice in Oregon?
If a party’s or a child’s child support rights have been assigned to the state, a true copy of the petition must be served on the Administrator of the Division of Child Support (107.087).
What proof of residence should I keep in Oregon?
A lease or deed, an Oregon driver license, voter registration and work and tax records that show when your Oregon home began and that you intended to stay.
Can I file where neither of us lives in Oregon?
No. A petition may be filed only in a county in which the petitioner or the respondent resides (107.086).
Does it matter where we married in Oregon?
For a dissolution on irreconcilable differences, no: the residence or domicile rule gives the court jurisdiction regardless of where the marriage was solemnized or where the cause of suit arose (107.075(4)).
How do the six months and the ground fit together in Oregon?
They are separate. For example, a petitioner who has lived in Oregon since March 1 completes six months on September 1 and can file that day on irreconcilable differences; no separation period applies to that ground.
Frequently asked questions
How long must I live in Oregon to file for divorce?
Six months continuously for at least one spouse, resident or domiciled.
Do both spouses have to live in Oregon to divorce there?
No. One spouse meeting the six-month rule is enough.
Where do I file for divorce in Oregon?
In a county where the petitioner or the respondent resides.
Does military service count for Oregon residence?
The statute speaks of residence or domicile; ask a licensed Oregon attorney how stationing is treated.
Does Oregon residency decide custody jurisdiction?
No. Custody has its own jurisdiction rules and follows the child’s best interests.
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.