Oregon Divorce Records

According to the latest data from the CDC's National Center for Health Statistics, Oregon has a divorce rate of approximately 2.8 divorces per 1,000 residents, above the national average of 2.4 per 1,000.

Oregon is a no-fault divorce state, meaning that spouses seeking divorce do not have to prove that their partner did anything wrong to cause the end of the marriage. Divorces in the state are typically granted on the grounds of "irreconcilable differences" between both parties that have led to an irremediable breakdown of the marriage. Notwithstanding this, Oregon also allows for divorces on specific fault-based grounds, namely when one party could not legally consent to the marriage due to being underage or lacking the mental capacity to do so, or if consent to the marriage was obtained through fraud, coercion, or force.

The average cost of a divorce in Oregon is estimated to be around $10,301 per person, also above the national average of $9,969. Note that actual expenses may vary widely depending on factors such as the presence of minor children, disputes over property division, attorney fees, counselling/family therapy, and mediation costs.

Are Divorce Records Public in Oregon?

In Oregon, divorce records are generally considered public records; as such, they may be inspected and copied by interested members of the public, per the state's Public Records Law (ORS Chapter 192). Notwithstanding this, the law provides certain protections for sensitive information, and not all content in a divorce file is accessible to the general public. Restricted information includes, but is not limited to, social security numbers, financial account numbers, medical information, details on minor children and abuse victims, and sealed records.

Similarly, ORS Section 432.350 limits access to divorce certificates less than 50 years old to individuals with a "direct and tangible interest" in the record, which includes the individual named on the record and their immediate family and legal representatives. However, divorce certificates older than 50 years may be accessed by anyone.

What Is Included in Oregon Divorce Records?

Oregon divorce records refer to various types of documents that detail divorce proceedings in the state. These records include:

• Divorce Decrees: These are the official court orders that finalize a divorce and end the marriage. Divorce decrees detail the terms of the divorce, including matters like property division, child custody, and support obligations. These records are maintained by the Circuit Court in the county where the divorce proceeding was handled.
• Divorce Certificates: These are documents issued by the Oregon Center for Health Statistics that serve as official proof of a divorce. They include basic information, such as the names of the divorced parties, and the date, and the location of the divorce.
• Divorce Indexes: These records contain basic statistical data from older divorce cases. Divorce indexes are maintained at both state and county levels and are primarily used for reference or research.
• Divorce Case Files: These contain all legal documents related to a specific divorce proceeding. These typically include petitions and responses, financial disclosures, custody and support agreements, and court orders and rulings. Divorce case files are kept at the Circuit Court where the divorce was granted.

How Do I Find Oregon Divorce Records?

Individuals who wish to access copies of Oregon divorce records may do so through the Circuit Court in the county where the divorce was granted or through the Oregon Center for Health Statistics, depending on the type of record needed. Certified copies of Oregon divorce records are often necessary for:

• Proving divorce for remarriage or immigration
• Updating legal documents and IDs (like passports or driver's licenses)
• Modifying or enforcing child support, custody, or alimony orders
• Facilitating name changes and updating Social Security information
• Accessing claims and benefits
• Settling estates or updating wills and insurance beneficiaries

Look Up Oregon Divorce Certificate

The Oregon Center for Health Statistics maintains divorce certificates for divorces finalized from 1925 to the present and provides access to these records to interested parties upon request. It is important to note that, per state law, divorce certificates are restricted for 50 years after the date of the divorce and may only be accessed by specific parties during this period. These include the individuals named on the record, their immediate family (including stepparents, grandparents, and grandchildren), legal representatives, and certain government agencies.

Requests for an Oregon divorce certificate may be made by submitting a properly completed Oregon Dissolution of Marriage (Divorce) Certificate Order Form, along with a legible copy of a current, valid photo ID, to the Oregon Center for Health Statistics at:

Submissions may be made via mail or drop box; in-person submissions may also be made via appointment. There is a $25 fee for Oregon divorce certificates, which covers a five-year search range from the date provided on the form. Requesters who wish to extend the search beyond the five-year range will be charged an additional $1 per year (unless the record is older than 50 years); in-person requesters are also charged a separate $3 identity authentication fee.

In-person requests are usually processed the same day, while mail-in and drop box requests are typically processed within 8 - 10 weeks. Inquiries on obtaining divorce certificates may be directed to the Oregon Center for Health Statistics at (971) 673-1190 between the hours of 8:00 a.m. - 4:30 p.m., Monday to Friday.

Look Up Oregon Divorce Decree

Oregon divorce decrees are maintained at the county level, and copies of these records may be accessed by taking the following steps:

• Determine the county where the divorce proceedings were held and identify the Circuit Court that finalized the divorce.
• Submit a request to the court. These requests may be submitted in person at the courthouse or online through the Oregon Judicial Department's Court Records Request form (a separate request form is provided for Multnomah County). You will typically need to provide the names of the parties involved (the divorcing couple) and the case number.
• Pay the stipulated fees. These are determined by the type of record required (uncertified or certified) and the number of copies requested at the same time, and typically range from 25 cents per copy for uncertified copies to $5 for certified copies.

For more details, including specific request processing times and fees, contact the appropriate Circuit Court directly.

Look Up Oregon Divorce Court Records

Copies of records from a divorce case file, such as the petition for dissolution (the initial divorce filing), motions, and other court orders, may be accessed by submitting an official request to the Circuit Court that handled the divorce case. The Oregon Judicial Department offers a Court Records Request form that may be used to submit these requests online - note that Multnomah County has a separate online request form. Requests may also be made directly to the court in person at the courthouse. You will be required to provide details on the requested record, including the names of the parties involved (in the case) and the case number, and pay the stipulated search and/or copy fees.

Can You Seal Divorce Records in Oregon?

Divorce records may be sealed in Oregon at the request of any of the parties involved in the case. Be aware that you will typically need to provide a justifiable reason for the request, such as to protect sensitive financial details, preserve proprietary business information, safeguard children's privacy, and prevent harm in cases involving domestic violence.

To request a record sealing, you must file a motion with the Circuit Court that finalized the divorce, outlining your reasons why the record should be sealed, along with any necessary supporting documents. The court will review the motion and make a decision on whether to seal the records or deny the motion - sealing requests are typically granted if you can demonstrate that protecting privacy outweighs the public's right to access the records.

How Long Does a Divorce Take in Oregon?

There is no mandatory waiting period for the finalization of divorces in Oregon; as such, the total duration of a divorce proceeding is primarily dependent on the complexity of the case. In a relatively simple, uncontested divorce, where both spouses agree on all terms, the divorce may be finalized in as little as 6 to 8 weeks. On the other hand, contested divorces (where the couple disagrees over key issues like child custody, property division, or support) can take several months to a year, or even more.

Does Oregon Require Separation Before Divorce?

No, Oregon does not require spouses to live separately before they can file for or finalize a divorce. However, per ORS Section 107.465, couples who have been legally separated for at least two years may request a court of jurisdiction to convert their separation judgment into a divorce judgment.

How Are Assets Split in an Oregon Divorce?

Oregon is an equitable distribution state with regards to property division during a divorce, meaning that assets are split between both parties fairly, but not necessarily equally.

Under Oregon law, while there is a presumption that both spouses contributed equally to marital property (any property acquired during the marriage, whether held jointly or separately), courts are typically expected to divide this property between divorcing couples in a way that is "just and proper". The court will typically consider certain factors when determining a just division of property, including each spouse's contribution to acquiring the assets, costs related to asset sales, taxes, and other anticipated expenses.

Who Gets Custody of a Child in Divorce in Oregon?

While child custody decisions were mostly biased towards mothers historically, modern Oregon law explicitly prohibits gender-based preferences. Instead, custody determinations are based on the best interests of the child, as outlined in ORS Section 107.137. To this end, courts typically evaluate certain factors, such as the child's emotional ties to each parent, the ability of each parent to provide a stable home, and any history of abuse or neglect.

There are two primary types of custody in Oregon:

• Legal Custody: This refers to the right to make significant decisions about a child's upbringing, including education, health care, and religious practices. There are two sub-categories of legal custody -
• Joint custody, where both parents share decision-making responsibilities (courts typically only grant this if both parents agree to it)
• Sole custody, where one parent has full legal custody and makes major decisions regarding the child's upbringing.
• Physical Custody (Parenting Time): This determines where the child will live and how their time is shared between parents. Courts generally encourage shared parenting time whenever feasible, though it may not always result in a 50/50 split.

Note that, even though courts generally consider both parents equally (during custody determinations) and cannot presume that one parent is more suitable than the other based on gender, fathers may still face challenges in securing equal parenting time. Recent studies indicate that fathers in Oregon typically receive approximately 28.7% annual parenting time post-divorce, less than the national average of 35%.