Uncontested vs Contested Divorce in Oregon

Filing for divorce in Oregon? Called "dissolution of marriage," your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). Oregon stands out as one of the fastest states for divorce—with no mandatory waiting period, your case could finalize in weeks if you agree on all terms. Understanding the differences between online and traditional divorce methods can help you choose the best path.

Oregon is a pure no-fault state where "irreconcilable differences" causing the irremediable breakdown of the marriage is the only ground for divorce. At least one spouse must have been an Oregon resident for six months before filing (unless the marriage was solemnized in Oregon and either spouse currently lives here).

Quick Comparison: Uncontested vs Contested

What is an Uncontested Divorce in Oregon?

An uncontested divorce means you and your spouse agree on all major issues including property division, debts, spousal support, and (if applicable) child custody and support. Oregon offers several paths for agreed divorces:

Co-Petitioner (Joint) Filing

If you agree on everything from the start, you can file as co-petitioners with a single $301 filing fee. The Oregon Judicial Department provides free statewide form packets for both petitioners with and without children.

Summary Dissolution

Oregon offers a streamlined summary dissolution for qualifying couples: marriage of 10 years or less, no minor children, no real property, total debts under $15,000, and personal property under $30,000. This is the fastest and cheapest option for simple situations.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or spousal support. The respondent has 30 days after service to file an Answer.

Contested cases involve formal discovery, temporary hearings, and often mandatory mediation for custody disputes. Courts may offer an Informal Domestic Relations Trial (IDRT) where the judge questions parties directly—a simpler alternative to traditional trial if both parties agree.

Cost Comparison

Uncontested Divorce Costs

• Filing fee: $301 (one fee for co-petitioners)
• Response fee: $301 if filed separately
• Service of process: $50-$150 (or free with acceptance)
• Attorney (optional): $500-$2,000 for document review
• Total typical range: $300-$3,000

Contested Divorce Costs

• Filing fees: $301 + $301 response
• Attorney fees: $10,000-$35,000+ depending on complexity
• Mediation: $150-$300/hour; typically $2,000-$5,000 total
• Experts: Custody evaluators, business valuators, appraisers
• Total average: $10,000-$35,000+ depending on issues

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total Oregon divorce costs based on whether your case is uncontested or contested.

Timeline Comparison

Uncontested: Oregon has no mandatory waiting period—your divorce is final when the judge signs the judgment. Most uncontested cases finalize in 1-3 months if paperwork is complete. Co-petitioner filings with no children can sometimes complete in 2-6 weeks. For more details, see our Oregon divorce timeline guide.

Contested: Expect 9-15 months or longer. Discovery, mediation, custody evaluations, and trial scheduling all extend the process. Complex cases can take 18+ months.

Frequently Asked Questions

What are Oregon's residency requirements?

At least one spouse must have been an Oregon resident or domiciled here for six months before filing. Exception: if your marriage was solemnized in Oregon and either spouse currently lives here, you can file immediately.

Is there a waiting period in Oregon?

No. Oregon has no mandatory waiting period. Your divorce becomes final when the judge signs the general judgment of dissolution.

What is the automatic restraining order?

Upon filing and service, a statutory restraining order immediately binds both spouses—no changing insurance, no extraordinary spending, no dissipating assets until judgment or court order.

Make the Right Choice

The key difference between uncontested and contested divorce is agreement. Oregon's lack of a waiting period makes it one of the fastest states for agreed divorces. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in weeks rather than a year. For step-by-step guidance, see our Oregon divorce filing checklist. Our cost-saving strategies guide offers additional ways to reduce expenses.