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Oregon Divorce Records

Reports by the National Center for Health Statistics (NCHS) indicate that the divorce rate in Oregon continues to drop. Over the last decade, the state's divorce rate has steadily declined from 3.8 per 1,000 residents in 2012 to 2.8 per 1,000 total population in 2022. Although 2.8 per 1,000 people in 2022 is not the lowest it has ever been for the state (it was 2.6 in 2020), the divorce rate continues to drop, considering Oregon's long history of high divorce rates. However, in 2022, the state's divorce rate was still higher than the national average, which stood at 2.4 per 1,000 population.

Once a judge grants a divorce in Oregon, the property is typically divided equitably, meaning that the assets and debts are divided between the divorcing spouses equally (50/50). However, if a judge believes that dividing the property 50/50 will not be fair overall, they may use discretion and share the property in a way that is not 50/50. An individual must meet certain residency requirements in order to file a petition for divorce in the appropriate court in Oregon, and a divorce can either be contested or uncontested in the state. Opting to have an uncontested divorce can streamline the divorce process, leading to a faster and less expensive resolution.

Under state law, Oregon divorce records are not publicly available for the first 50 years. Only limited persons or entities may access or obtain copies of divorce records that are less than 50 years from the divorce date.

What are Divorce Records?

An Oregon divorce record is a record of a marriage dissolution detailing the court proceedings and the final judgment on the case. Typically, a divorce record shows that the parties named on the document are no longer married and the appropriate authority has legally dissolved their marriage. Divorce records are created during the dissolution of marriage proceedings and largely include divorce decrees and divorce certificates. Documents and information such as marital agreements, financial forms, motions filed, assets involved in the case, and details of minor children may also form a part of a typical divorce record.

Divorce records exist for several reasons. For instance, they help establish the terms of divorces and ensure transparency in the entire judicial process leading to the dissolution of marriage. In addition, a divorce record may be used to update Social Security records, transfer properties, update credit card records, and change a name on a vehicle title, deed, or driver's license. Furthermore, a divorce record (decree) is needed to apply for a marriage license for anyone who intends to remarry. Typical divorce records in Oregon contain information such as the names of the spouses, the time of the divorce, the location of the divorce, and settlement terms.

The Center for Health Statistics of the state's Public Health Division maintains Oregon divorce certificates, while divorce decrees are available at the county courts that grant divorces. Historic divorce records in Oregon are stored in the State Archive, either in their original formats or as microfilms.

Are Divorce Records Public in Oregon?

Generally, divorce records that are less than 50 years from the divorce date are not public records in Oregon. Per Section 432.350 of the Oregon Revised Statutes (ORS), vital records, including divorce records, are exempt from public disclosure. However, state law makes an exception for certain individuals and entities who are considered eligible to inspect and obtain copies of divorce records. Eligible persons or entities may view or obtain Oregon divorce records that are not available to the public within the first 50 years of the divorce date.

The following persons or entities qualify to obtain copies of an Oregon divorce record that is not publicly available:

  • Individuals named on the record/ divorce certificate. If the name of their ID does not match the name of one of the spouses named on the record, they will need to provide documentation of a legal name change
  • Parents whose names on their IDs match one of the parents named on the divorce certificate
  • Grandparents
  • Children, biological or adopted
  • Grandchildren
  • Siblings (must provide birth certificates showing a shared parent with one of the spouses named on the record)
  • Spouses/registered domestic partners whose names on their IDs match the name of one of the parties named in the divorce certificate
  • Legal guardians (must provide a copy of guardianship documents naming them as legal guardians of one of the spouses named in the divorce certificate)
  • Legal or authorized representatives
  • Government agencies

While the disclosure of Oregon divorce records is generally limited to certain eligible persons, the state's divorce indexes are publicly available and may be viewed in some County Central Libraries. Divorce indexes contain basic statistical data about divorces finalized within the state.

Divorce Stats and Rates in Oregon

According to studies, the average length of marriages that end in divorce in Oregon is under 8 years, and the chances that an individual marital union ending in divorce is as follows:

  • First marriages - 41%
  • Second marriages - 60%
  • Third marriages - 73%

As reported by the National Center for Health Statistics, Oregon's divorce rate in 2022 was 2.8 per 1,000 residents. Even though the rate was higher than the national average, it was one of the state's lowest in about two decades. For instance, between 2001 and 2010, Oregon's divorce rate hovered between 3.9 and 4.7 per 1,000 population.

Data from a government report shows that Oregon had at least 13,300 divorces in 2019, almost 2,500 of which were in Multnomah County. This made Multnomah the county with the highest number of divorces in the state that year. In other reports, about 11.3% of the men in Oregon are divorced, while 14.2% of the total female demographic have severed their marriages with their husbands. Considering the state's marital status by race, the Indians have the highest number of divorces at 15% of their population and are followed by the White (non-Hispanic) community at 14%. At least 13.6% of the White population in Oregon are divorced and are closely followed by the Black community, whose divorcees account for 13.5% of their demographic.

Grounds for Divorce in Oregon

Oregon is a no-fault divorce state, so a person can file for divorce without necessarily apportioning any blame to the other party in the marriage. Typically, anyone may file a petition for divorce on the grounds of not getting along with the other spouse, especially when fixing their problems becomes infeasible. This is called irreconcilable differences, and it is the most common ground for filing for divorce in Oregon. Per Section 107.025 of Oregon Revised Statutes (ORS), a judge may grant a dissolution of marriage when irreconcilable differences between two spouses have caused an irremediable breakdown of the marital union.

Pursuant to Section 107.025 of the ORS, any of the following may also form the grounds for filing a petition for divorce in Oregon:

  • Either of the spouses was incapable of consenting to the marriage because they were not of legal age or had little understanding of marriage
  • The consent of either party to the marriage was obtained by fraud or force

As stipulated in Section 107.075 of the ORS, a person who got married in Oregon can file for a divorce in the state if either of the parties to the marriage resides in Oregon at the time of filing for divorce. If they were married outside the state and want to file for divorce in Oregon, at least one of the spouses must currently reside in Oregon. In addition, the other party must have lived in the state continuously for at least six months prior to the divorce petition being filed.

How to File for Divorce in Oregon

Only individuals who meet the residency requirements for divorce in Oregon as stipulated under state law can file a petition to end their marriages. Depending on how the residency requirement is met, a divorce petition should be filed in the county where the petitioner or the defendant (the other spouse) resides. The various forms required to file for divorce in the state may be accessed on the Oregon Judicial Branch's Family Law Program. Generally, anyone filing a petition for divorce will either do so with or without children and is required to complete any of the two packets below:

After completing the appropriate packet (forms), the petitioner should submit them to the Circuit Court in the county where either party to the marriage lives in the state. The petitioner should expect to pay certain filing fees. After filing, the petitioner must serve their spouse (the defendant) a copy of the petition (divorce papers) through a process server or a sheriff. The defendant may also be served by mail.

Once served a copy of the divorce papers, the defendant has 30 days to respond to the petition using any of the two response packets below, depending on how the petition was filed:

How the defendant responds to the petition will determine the next line of action. If the defendant fails to respond, the court may grant the petition by default. In this case, the petitioner is required to file separately for a default judgment. Also, if the defendant responds within 30 days and does not contest any of the issues raised, the court will grant the divorce petition based on the documents submitted without a hearing. However, if the defendant chooses to contest any or all parts of the petition in their response, the court will set a hearing to determine how the case will proceed.

While uncontested divorces only take a few months to finalize, contested divorces in Oregon can take several months to resolve, depending on the uniqueness and complexity of the cases. However, once the court resolves all the issues, the judge will issue a divorce decree to legally terminate the marriage.

Oregon Divorce Decree

A divorce decree in Oregon is a document created from divorce proceedings containing the court's final judgment. It is the document that makes a marriage dissolution official and final. A typical Oregon divorce decree summarizes the responsibilities and rights of each person named on the document and is binding on both parties. At a minimum, it contains the parties' identifying information and the divorce settlement terms, including the following:

  • Asset division
  • Debt settlements
  • Spousal support
  • Child custody arrangements
  • Child support
  • Visitation schedules and rights
  • Every other financial responsibility ordered by the court

An Oregon divorce decree will also contain the case details, including the case/docket number, the court's contact information, and the date the divorce was granted. Divorce decrees in Oregon are only available at the Circuit Court in the county where such divorces were finalized. They may only be accessed by the spouses named on the record and their legal representatives (attorneys).

How to Find and Access Oregon Divorce Records

Oregon divorce records (certificates and decrees) may be accessed by eligible individuals either online or offline. While divorce certificates are available at the state's Center for Health Statistics, divorce decrees may only be obtained from the Circuit Court in the county where a divorce was granted.

Access Oregon Divorce Records Online

Eligible persons can request or obtain Oregon divorce certificates online through the Oregon Health Authority's (OHA) approved vendor. It costs a $43.25 non-refundable fee to obtain the first record and $25 for each additional copy of the same certificate obtained in a single order. For inquiries on the approved online vendor, contact the Center for Health Statistics at (971) 673-1190. The general public may also be able to look up event information, including notices, documents filed, and hearings for a divorce case, online using the OJCIN OnLine portal.

Access Oregon Divorce Records Offline

A completed Oregon Divorce Record Order Form is required to obtain a divorce record (certificate) by mail from the state's Center for Health Statistics. For a mail request, mail the completed order form alongside a copy of a valid ID and a check or money order of $25 to:

Oregon Vital Records

P.O. Box 14050

Portland, OR 97293

A qualified person may also submit their request for an Oregon divorce certificate to the state's Center for Health Statistics using the Drop Box service at:

Oregon Vital Records

800 NE Oregon Street

Portland, OR 97232

Oregon divorce decrees may be obtained by eligible persons from the Office of the Circuit Court that finalized the divorce.

 

References


Counties in Oregon