A step-by-step guide to the divorce filing process in Lane County. February 2026
Filing for divorce in Lane County can feel overwhelming, but understanding each step of the process makes the journey more manageable. Whether you're initiating a divorce or responding to one, knowing what to expect helps you prepare emotionally and financially for this significant life change. This comprehensive guide walks you through Oregon's divorce requirements, the filing process at Lane County Circuit Court, service procedures, financial disclosures, and realistic timelines.
One of the most important things to understand is that Oregon is a no-fault divorce state, meaning you don't need to prove wrongdoing to obtain a divorce. Instead, you only need to show that the marriage is "irretrievably broken," which essentially means you and your spouse no longer wish to remain married.
Before you can file for divorce in Lane County, Oregon, you must meet residency requirements. Under Oregon Revised Statutes (ORS) 107.075, at least one spouse must be a resident of Oregon for at least six months immediately before filing the divorce petition. Additionally, to file in Lane County specifically, you must either reside in Lane County or your spouse must reside there.
These requirements exist to ensure that Oregon courts have proper jurisdiction over your case. If you don't meet the residency requirements, your divorce petition will likely be dismissed, and you may need to file in another state where you or your spouse actually resides.
The first document you must file is called a "Petition for Dissolution of Marriage." This legal document officially initiates the divorce process and provides the court with basic information about you, your spouse, your children, and your marriage. The petition is the foundation of your divorce case.
Your petition should include detailed information about both spouses, including full legal names, current addresses, dates of birth, and employment information. If you have children, you must list their names, dates of birth, and custody details. You'll also need to provide information about your marital property, including real estate, vehicles, bank accounts, retirement accounts, and any significant debts.
Lane County Circuit Court is located at 125 E 8th Ave, Eugene, OR 97401. You can file your petition either in person at the courthouse or by mail. Many people choose to work with an attorney to prepare their petition to ensure all required information is included and properly formatted according to Oregon court rules.
Once your petition is prepared, you'll file it with the Lane County Circuit Court. Filing involves submitting your documents to the court clerk and paying the filing fee. The filing fee for a Petition for Dissolution of Marriage in Oregon is typically around $250-$350, though this may vary and may be subject to change. If you cannot afford the filing fee, you can request a fee waiver or fee reduction by submitting an application to the court.
When you file, the court clerk will assign your case a case number, which you'll use for all future correspondence with the court. The clerk will also provide you with important information about court rules, deadlines, and procedures specific to your case. Keep your case number in a safe place, as you'll need it for all future filings and communications.
Fee waivers are available for those who cannot afford the filing fee. To request a fee waiver, you'll need to complete a "Pauper's Affidavit" or similar form, providing information about your income and assets. The court will review your application and notify you whether your request is granted.
"Filing your divorce petition is the official start of your divorce case. After filing, you'll move forward with serving your spouse and gathering financial information."
After filing your petition with the court, you must provide your spouse with a copy of the petition and other required documents through a process called "service of process." This ensures your spouse knows about the divorce case and has an opportunity to respond. Service of process is a legal requirement and must be completed according to Oregon rules.
There are several methods of service. The most common is personal service, where a third party (not you or your attorney) physically hands the divorce documents to your spouse. Another option is acceptance of service, where your spouse voluntarily agrees to accept the documents without formal service. If you cannot locate your spouse or have concerns about their whereabouts, the court may allow alternative service methods, such as service by mail or publication.
Once service is complete, you must file a "Proof of Service" with the court, documenting how and when your spouse was served. This proof is essential, as the court will not proceed with your divorce without it.
After being served with the divorce petition, your spouse has 30 days to file a response with the court. This response is called an "Answer" and allows your spouse to agree or disagree with the information in your petition and to raise any claims of their own, such as claims related to custody, support, or property division.
If your spouse agrees with your petition and doesn't contest any issues, they may file a simplified response or not file a response at all, which can lead to a faster, uncontested divorce. However, if your spouse contests custody, support, or property division issues, the case becomes contested, and you'll need to go through additional steps to resolve these matters.
Oregon law requires both parties in a divorce to complete and exchange financial disclosure forms called "Case Information Statements" (CIS). These forms require you to list all of your income, assets, debts, and monthly expenses. The CIS forms must be exchanged within specific timeframes and are required in all divorce cases, whether contested or uncontested.
The financial information disclosed in the CIS forms is crucial for several reasons. First, it helps determine child support obligations, as Oregon uses an income-shares model for calculating child support. Second, it informs the property division process, ensuring that marital assets and debts are divided fairly. Third, it may be relevant to spousal support (alimony) calculations.
You must be truthful and complete when preparing your CIS. Failing to disclose assets, debts, or income can have serious consequences, including sanctions from the court, reversal of judgments, or even contempt of court findings. If your financial situation changes significantly after filing your CIS, you should provide an updated form.
Once financial information has been exchanged, the parties have the opportunity to negotiate a settlement. Many divorces are resolved through negotiation without going to trial. If you and your spouse can agree on custody, support, and property division, you can avoid the time, expense, and uncertainty of trial.
If negotiation doesn't result in a full agreement, the court may require you to participate in mediation or a settlement conference. During mediation, a neutral third party helps you and your spouse communicate and work toward a settlement. These alternatives to trial are often less adversarial, less expensive, and faster than going to court.
If you cannot reach a settlement through negotiation or mediation, your case will go to trial. At trial, a judge will hear evidence from both parties and make decisions about custody, child support, spousal support, and property division based on Oregon law and the best interests of any children involved.
Whether your divorce is settled or decided by a judge at trial, the final step is obtaining a Judgment of Dissolution of Marriage from the court. This is the legal document that officially ends your marriage and includes all the court's orders regarding custody, support, and property division.
If you've reached a settlement agreement with your spouse, you'll prepare a Stipulated Judgment (an agreed-upon judgment) and submit it to the judge for approval. The judge will review the agreement to ensure it's fair and complies with Oregon law, then sign the judgment. If your case went to trial, the judge will prepare the judgment based on their ruling at trial.
Once the Judgment of Dissolution is signed by the judge, your marriage is legally dissolved. You're now free to remarry if you choose, and all property has been divided according to the judgment. Child custody, child support, and spousal support orders are now enforceable, and either party can request enforcement through the court if the other party fails to comply.
The time required to complete a divorce in Oregon varies depending on whether the case is contested or uncontested. Oregon law requires a minimum waiting period of 90 days from the date the divorce petition is served on the respondent (your spouse) before the court can grant a final judgment of dissolution. This waiting period applies to all divorces, even uncontested ones.
In uncontested cases where both parties agree on all issues, the divorce can be finalized as quickly as 90 days after service. However, in contested cases where the parties disagree about custody, support, or property division, the process typically takes 6 to 12 months or longer, depending on the complexity of the issues and the court's schedule.
Several factors can affect the timeline of your divorce. If financial issues are complex or involve businesses or retirement accounts, the case will take longer to resolve. If there are custody disputes, custody evaluations or contested custody hearings will extend the timeline. Court congestion can also delay proceedings, as trial dates may not be available immediately.
Navigating the divorce filing process in Lane County requires knowledge of Oregon law, court procedures, and deadlines. At Crawley Law, our experienced family law attorneys understand the complexity of divorce cases and can guide you through each step of the process. Whether you're contemplating divorce, preparing to file, or responding to a spouse's petition, we can help you understand your rights and options.
Our attorneys can help you prepare and file your divorce petition, negotiate with your spouse or their attorney, complete financial disclosures accurately, and represent you in mediation or at trial if necessary. We work to protect your interests and achieve the best possible outcome for you and your family. If you're facing a divorce in Lane County, contact Crawley Law today to schedule a consultation and learn how we can help.
Our experienced family law attorneys can guide you through each step of the divorce process in Lane County.
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