10 Oregon Dissolution of Marriage Mistakes to Avoid (2026)

Mistake #1 — Violating the Automatic Restraining Orders (ATROs)

Oregon's ATROs take effect the moment the Petition is filed. Many people don't realize they are under court order from Day 1. Transferring assets, changing insurance, or modifying beneficiaries after filing is contempt of court.

Fix: Stop and read the ATRO provisions in the OJD packet before filing. From Day 1, neither party can move, transfer, or encumber any marital asset. Both parties should immediately confirm all insurance and beneficiaries are frozen.

Mistake #2 — Not Specifying the Type of Spousal Support

Oregon has three distinct types of spousal support: transitional, compensatory, and maintenance. An MSA that simply says "Husband shall pay Wife $X/month" without specifying the type is ambiguous and may cause problems in enforcement or modification.

Fix: Specify the exact type of spousal support in the MSA, or include an explicit waiver: "Each party waives any claim for spousal support of any type, transitional, compensatory, or maintenance."

Mistake #3 — Assuming Joint Legal Custody Will Be Approved

Oregon is unique: courts cannot impose joint legal custody over one parent's objection. If one parent opposes joint custody, the court will award sole custody to one parent. Many people expect joint legal custody to be automatic — it is not in Oregon.

Fix: If you want joint legal custody, both parties must agree to it in the MSA/Parenting Plan. If you're the parent who doesn't want joint custody, know that you have the right to object.

Mistake #4 — Missing the Oregon-Married Exception

Couples who were married in Oregon but now live out of state sometimes try to file in their new home state when their spouse is still in Oregon. The Oregon-married exception may allow them to file in Oregon, which could be advantageous.

Fix: If you were married in Oregon and your spouse still lives in Oregon, verify whether the Oregon-married exception applies to your situation.

Mistake #5 — Using the Wrong OJD Packet

Selecting the wrong scenario packet (e.g., "no children" packet when there are children, or "no property" packet when there are significant assets) leads to missing required forms.

Fix: Download the OJD packet that matches your exact situation. If uncertain, download the "with children / with property" packet — it contains the most comprehensive set of forms.

Mistake #6 — Mishandling Oregon PERS Division

Oregon's Public Employees Retirement System (PERS) has specific, unique procedures for dividing retirement benefits at dissolution. Standard QDRO language used for private-sector plans may not be accepted by PERS.

Fix: Contact Oregon PERS directly (oregon.gov/pers) for their specific domestic relations order procedures and approved language. Do this before drafting the retirement provisions of the MSA.

Mistake #7 — Underestimating Oregon Recording Fees

Oregon charges recording fees per page — not a flat fee like most states. A deed with multiple exhibits can cost significantly more than expected. Many filers budget for a flat $30 recording fee and are surprised.

Fix: Keep deeds concise. Budget for Oregon's per-page recording fees: approximately $81 for the first page + $5 per additional page. Confirm current fees with the county recording office.

Mistake #8 — Incomplete Oregon Parenting Plan

Oregon's statute (ORS 107.102) has specific, detailed requirements for Parenting Plans. Plans that omit required elements (relocation provisions, dispute resolution, holiday schedule) may be rejected by the court.

Fix: Use the OJD "with children" packet, which includes a model Parenting Plan that meets Oregon's statutory requirements. Don't draft a Parenting Plan from scratch without reviewing ORS 107.102.

Mistake #9 — Not Waiving Spousal Support When Intended

If both parties intend to waive spousal support but the MSA is silent, the issue remains open. Either party could seek support later.

Fix: Include an explicit waiver: "Each party fully, finally, and irrevocably waives any and all claims for spousal support of any type — transitional, compensatory, or maintenance — whether now or in the future."

Mistake #10 — Thinking No Waiting Period = Instant Divorce

No waiting period means no mandatory delay — but the court still needs time to process the paperwork. In busy courts (Multnomah, Washington), the realistic turnaround from filing to Judgment may be 4–10 weeks. Planning an airline ticket change or lease signing for the week after filing is premature.

Fix: Plan realistically: even co-petitions typically take 4–8 weeks for the court to process and the judge to sign. Check with your specific Circuit Court for current processing times.

Last reviewed: March 2026 | ATROs from Day 1 | Specify spousal support type | Joint custody requires mutual agreement | Oregon PERS has unique procedures | Per-page recording fees

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.