Oregon Dissolution When Your Spouse Won't Cooperate (2026)

Oregon does not require your spouse's consent. File the Petition, serve them, wait 30 days for a response, and proceed to a default Judgment if they don't respond.

Filing Without Cooperation

1. File solo Petition for Dissolution — no cooperation needed
2. Automatic restraining orders take effect (neither party can transfer assets)
3. Serve the Respondent
4. Respondent has 30 days to file a Response
5. If no Response: file for default Judgment after 30 days
6. No waiting period — Judgment can be entered after 30 days plus court processing time

Service of Process in Oregon

Option 1 — Acceptance of Service: A minimally cooperative spouse can sign an Acceptance of Service (included in the OJD packet). This waives formal service and is the simplest approach even for semi-cooperative spouses.

Option 2 — Mail with Acknowledgment: Send the Petition and Summons by first-class mail, with an Acknowledgment of Service form. If Respondent returns the signed Acknowledgment, service is complete.

Option 3 — Personal Service (Non-Party): A non-party adult (not you) personally delivers the Petition and Summons to the Respondent. The server files a Proof of Service.

Option 4 — Sheriff/Process Server: Official service by the county sheriff or a licensed process server. Most reliable for uncooperative respondents.

Option 5 — Service by Publication: If the Respondent's location is unknown after a diligent search:

1. File an affidavit of diligent search
2. Court authorizes service by publication
3. Publish in a local newspaper for 4 consecutive weeks
4. Default may be entered after publication

Automatic Restraining Orders — Asset Protection

From the moment you file, both parties are subject to ATROs. If your spouse attempts to transfer, sell, or dissipate marital assets after you file, they are in contempt of court. The ATROs protect you without any additional filing.

Temporary Orders During the Case

File a Motion for Temporary Orders for:

• Exclusive use of the marital home
• Temporary spousal support (transitional, compensatory, or maintenance)
• Temporary protection of marital assets
• Domestic violence restraining order (ORS Chapter 107A)

Default Judgment Process

If Respondent fails to respond within 30 days of service:

1. File a Declaration of Default with the court
2. File your proposed Judgment of Dissolution, MSA, and all supporting documents
3. Note: default judgment includes only what you can prove — attach documentation
4. The court reviews and enters the default Judgment

No waiting period — default Judgment can be entered as soon as 30 days after service plus court processing time.

Last reviewed: March 2026 | No waiting period | 30-day response period | ATROs protect assets from filing | Default Judgment available after 30-day response window | courts.oregon.gov/forms

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.