Filing for Divorce

• 1). Complete and file a petition for dissolution of marriage in the clerk's office of the circuit court in the county where you reside. The petition tells the court the reasons you and your spouse are requesting a divorce, which items each party is asking for and if there are children involved in the divorce.
  
  You technically do not need a reason to divorce your spouse because Oregon is a "no fault" state. You can simply cite "irreconcilable differences" in your petition without placing blame on either party.
  
  
• 2). Have the legal papers delivered to your spouse, informing him that a petition of divorce has been filed. If you are being represented by an attorney, he or she will deliver the papers for you. If you are not using an attorney, you must have the sheriff's office or another adult who is not related to you serve your spouse with the papers. Your spouse must sign a document stating that he has received the papers.
  
  If your spouse agrees with the terms of the divorce that you set forth in the petition, he does not need to respond. However, if your spouse wishes to challenge the terms you set forth, he has 30 days in which to do so by filing a response with the court.
  
  
• 3). Pay the legal fees. Court costs and filing fees range from $100 to $500, if there are no complications and both parties agree to the terms of the petition. The court clerk can tell you what the fees are in your county.
  
  When spouses cannot come to an agreement, or if there is a dispute about custody of children, it is best to hire a lawyer.
  
  Attorney fees can mount quickly, especially if your case is complex. Be sure your lawyer outlines in writing what the hourly fees will be, and ask for an estimate of the total amount you can expect to pay.
  
  
• 4). Wait for the judge's decision. The length of time it will take to get a divorce in Oregon depends on the complexity of your case, and if there are minor children. Divorces typically can be completed within a few months if both parties agree to the terms. In certain emergency cases, a judge can grant the divorce within a week. However, divorce proceedings can drag on for more than a year if the parties cannot reach an agreement, or if there are other issues, such as infidelity, that need to be addressed.