What Are the Residency Requirements for an Oregon Divorce?
Before you can file for divorce in Oregon, you or your spouse must have lived in the state for at least six consecutive months. This residency requirement is your first legal hurdle—but it’s straightforward. If you meet this threshold, you can file in the county where either spouse resides.
Stacy Regele understands how overwhelming this initial phase can be. As a Willamette University College of Law graduate who has served Salem families since 2016, she brings both local insight and legal expertise to every case. Her practice is built on a simple principle: providing real solutions for Oregon families navigating one of life’s most difficult transitions.
If you’re uncertain about your eligibility or next steps, contact Regele Law to discuss your specific situation.
Is Oregon a No-Fault State for Divorce?
Yes. Oregon is a no-fault divorce state, which means you don’t need to prove wrongdoing like adultery, abuse, or abandonment to end your marriage. The only ground required is “irreconcilable differences”—essentially, the marriage is broken beyond repair.
This approach removes the need for blame and can reduce conflict during an already stressful time. You won’t be forced to air grievances in court or prove your spouse did something wrong. Instead, the focus shifts to practical matters: dividing assets, determining custody, and moving forward.
For many Salem residents, this legal framework offers a more dignified path through divorce.
What Is the Difference Between Sole and Joint Custody in Oregon?
Oregon law distinguishes between legal custody (decision-making authority) and parenting time (physical time with the child). Understanding these differences is critical.
Sole Custody means one parent has the authority to make major decisions about the child’s education, healthcare, and religious upbringing. The other parent may still have parenting time, but they don’t share decision-making power.
Joint Custody requires both parents to agree on major decisions together. Here’s a key Oregon-specific nuance: joint custody must be mutually agreed upon by both parents or ordered by a judge who finds it’s in the child’s best interest. You cannot force joint custody if the other parent objects without court intervention.
Most Oregon courts prefer arrangements that keep both parents involved when possible, but the standard is always “the best interest of the child.” Factors include each parent’s relationship with the child, their ability to cooperate, work schedules, and proximity to the child’s school and community.
For detailed guidance on custody arrangements, visit Regele Law’s child custody and parenting time page.
How Long Does the Divorce Process Take in Salem?
Timing depends on whether your divorce is contested or uncontested.
Uncontested divorces—where both spouses agree on all terms—can be finalized in as little as 90 days in Marion County. After filing, your spouse has 30 days to respond. If they agree to the terms, you can move quickly through the process.
Contested divorces take longer. If you and your spouse disagree on property division, custody, or spousal support, expect 6–12 months or more. These cases require discovery, negotiations, and potentially mediation or trial.
Oregon also has a mandatory 90-day waiting period from the date of service before a divorce can be finalized—even in uncontested cases. This cooling-off period is designed to give couples time to reconsider and finalize arrangements.
Stacy Regele works efficiently to move cases forward while ensuring nothing is overlooked in the rush to close a chapter.
What Should My First Step Be?
If you’re considering divorce, start by gathering information. Know your financial picture (assets, debts, income), think about what custody arrangement would work best for your children, and identify your priorities.
Ready to take action? Download our Divorce Readiness Checklist to organize your documents and questions before your first consultation.
When you’re ready to discuss your case with an experienced Salem divorce attorney, contact Regele Law to schedule a consultation. Stacy Regele will listen to your story, explain your options, and help you chart a path forward with confidence.