Uncontested vs. Contested Divorce in Oregon: Simplified Procedures and Mandatory Steps
In Oregon an uncontested and a contested divorce share the six-month residence rule and the ground. When spouses file together, the respondent defaults or they stipulate, the court can enter judgment on a sworn declaration, and a parenting plan is filed with the judgment.
What is the same in an uncontested and a contested Oregon divorce?
The residence rule and the ground (ORS 107.075; 107.025). The Oregon divorce timeline calculator gives the same earliest filing date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | Six months continuous, one spouse | Six months continuous, one spouse |
| Filing | Copetitioners may file together | Petitioner files, respondent answers |
| Hearing | The court may enter judgment on a sworn declaration | Hearing on the merits |
| Parenting plan | Filed with the court and included in the judgment | The court develops a detailed plan if a parent asks or they cannot agree |
| Property | Settled by agreement | Just and proper division |
Can the court grant a divorce without a hearing in Oregon?
Yes. Where the parties are copetitioners, the respondent is in default, the respondent has appeared but waived further appearance, or the parties stipulate to judgment, the court may in lieu of a hearing enter judgment on a current affidavit or declaration under penalty of perjury setting forth a prima facie case; if custody of minor children is involved it must name the party the children live with and for how long (ORS 107.095(4)).
Is a parenting plan required in Oregon?
In any proceeding to establish or modify a judgment providing for parenting time, a parenting plan is developed and filed with the court to be included in the judgment, general or detailed; a general plan must set the minimum parenting time and access of the noncustodial parent, and a detailed plan may cover the residential schedule, holidays, birthdays and vacations, decision-making, information sharing, relocation, telephone access, transportation and dispute resolution (107.102).
Who develops the plan if the parents disagree in Oregon?
The court develops a detailed parenting plan when either parent asks or the parents cannot develop one, considering only the child’s best interests and the safety of the parties (107.102(5)).
What protects the spouses while the case is pending in Oregon?
After the petition is filed and served, a restraining order is in effect against both spouses until final judgment, restraining them from canceling or changing insurance policies that cover the other spouse or a child, among other acts (107.093), and the court may order temporary support, custody and use of property (107.095(1)).
Can the court order temporary support and costs in Oregon?
Yes. After the suit begins and until judgment the court may order a party to pay the other the money needed to prosecute or defend the suit, including costs and attorney fees, and support and maintenance, and may decide temporary custody and use of property (107.095(1)).
Can a spouse be ordered out of the home in Oregon?
If minor children live there and the court considers it necessary for their best interest, it may order either party to move out for a period and under conditions it sets; it may also do so if a party assaulted or threatened to assault the other (107.095(1)(d), (g)).
What does a statement at the hearing include in Oregon?
At or before the hearing the moving party files a written statement with the parties’ full and former names, addresses, ages, the date and place of marriage, and the names and ages of the children (107.085(4)).
What changes in a contested Oregon divorce?
The court decides what the spouses cannot settle: a just and proper division of property under ORS 107.105, spousal support and custody on the child’s best interests. See the Oregon property division calculator and the Oregon parenting time calculator.
Frequently asked questions
Can an Oregon divorce be granted without a hearing?
Yes, on a sworn declaration, if the spouses are copetitioners, the respondent defaults or they stipulate.
Is a parenting plan required in an Oregon divorce?
Yes. A general or detailed plan is filed and included in the judgment.
Is there an Oregon waiting period after filing?
None found in the sections we read.
What is the Oregon restraining order after filing?
A mutual order against changing insurance coverage and similar acts, in effect until judgment.
Can Oregon spouses make their own property agreement?
Yes; the court divides property as just and proper when they do not agree.
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.