Oregon Dissolution of Marriage FAQ — Most Common Questions (2026)

The Basics

Is there really no waiting period in Oregon? Yes. Oregon has no mandatory waiting period after filing. The dissolution can be finalized as soon as all required documents are properly filed and approved by the court. In practice, agreed co-petitions typically finalize in 4–8 weeks; solo petitions in 6–14 weeks.

What is the difference between a petition and a co-petition? A petition is filed by one spouse (Petitioner) against the other (Respondent). A co-petition is filed jointly by both spouses — both are Petitioners. Co-petition requires both parties' agreement to file together and eliminates the service step.

Residency

What is the Oregon-married exception? If you were married in Oregon and your spouse currently lives in Oregon, you can file in Oregon regardless of how long you personally have been in the state. This exception allows Oregon-married couples to use Oregon courts even if one spouse has moved away.

Automatic Restraining Orders

What are the automatic temporary restraining orders (ATROs)? Oregon law automatically issues temporary restraining orders when the Petition is filed. From that moment, neither party can transfer, sell, encumber, cancel insurance on, or change beneficiaries of any marital asset. The ATROs remain in effect until the Judgment is entered.

What if my spouse violates the ATROs? Violation of the ATROs is contempt of court. File a motion for contempt in the Circuit Court. The court can impose sanctions and undo unauthorized transactions.

Spousal Support

What are the three types of Oregon spousal support?

• Transitional: Helps a spouse gain education/job skills; time-limited
• Compensatory: Compensates for major career/financial sacrifices made for the other spouse's career
• Maintenance: Long-term support for a spouse who cannot become self-sufficient

The MSA (or court order) must specify which type is awarded.

Children

Can I get joint legal custody if my spouse doesn't agree? No. Oregon courts cannot impose joint legal custody over one parent's objection. If one parent wants joint custody and the other doesn't, the court will award sole custody to one parent.

Where is the Oregon child support calculator? oregonchildsupport.gov — Oregon's official online child support calculator.

Forms

Where do I get Oregon dissolution forms? courts.oregon.gov/forms — the Oregon Judicial Department provides free, pre-packaged OJD form packets organized by scenario (with/without children, co-petition, etc.).

Last reviewed: March 2026 | No waiting period | Co-petition available | ATROs from Day 1 | 3 spousal support types | Joint custody requires mutual agreement | courts.oregon.gov/forms

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