As long as you meet the residency requirements and grounds for divorce is another state, you are free to choose the state where you file for divorce.
Overview of Oregon Divorce Requirements
- Residency requirement: 6 months
- Grounds for divorce: irreconcilable differences (Oregon is a no-fault divorce state).
States with Minimal Divorce Requirements1
- No residency requirements – Alaska, Iowa, Louisiana, South Dakota, Washington
- At least 6 weeks – Arkansas, Idaho, Nevada
- At least 60 days – Kansas and Wyoming
- At least 90 days – Arizona, Colorado, Illinois, Missouri, Montana.
Choosing Where to File for Divorce: Answer these QuestionsIf filing for divorce in a state other than Oregon is an option or consideration for you, answering the following questions can help clarify whether it’s in your best interest to file in Oregon (or another state):
- Is the divorce likely to be contested? – In other words, will your ex be disputing any of the issues or requests you are making in the divorce filing? If so, understanding how the different state laws could impact your rights and interests will be important.
- Will compromise be possible? – Or, perhaps, more pointedly, do you anticipate having to battle with an ex in court? Or are you able to communicate relatively civilly? When communicating and working with an ex to resolve a divorce case is not possible, court intervention will be necessary. And that can end up meaning that your divorce takes longer to resolve, which brings us to the next point…
- How will the divorce take? – If you file for divorce in a state with no or minimal residency requirements, you should be aware that you may have to travel back to that state multiple times for court proceedings, hearings, mediation, etc. If the expense and effort of travel is not an extra thing you want to deal with in divorce, this is important to understand upfront.
- Are you willing to relocate for the duration of the process? – Depending on how long the case takes, relocating to the state where the divorce is proceeding may be necessary. If that is not something you want to do because, for instance, of your career or current community ties, filing closer to home may be a better option for you.
- Are children involved? – If so, keeping their routine consistent will be another important consideration – and that may mean filing for divorce where you live, rather than in another state.