ORS 107.075 explains the residency requirements to file for a divorce or for a separation in Oregon. This is known as “personal jurisdiction.” Courts have to have both subject matter and personal jurisdiction to hear a case. Subject matter jurisdiction means that the legislature has authorized a particular court to hear particular kinds of cases. For example, generally federal courts cannot hear cases involving solely state law unless the parties live in different states and the amount is controversy is more than $75,000. Oregon courts are courts of general jurisdiction, meaning that they can pretty much decide any type of case. However, if the plaintiff files in the wrong court, the plaintiff has the option to remove the case to the appropriate court.

Personal jurisdiction means that the court has the authority to decide a case over specific people or entities. For example, an Oregon court could not decide a case involving two New York parties when both parties reside in New York. The court must have personal jurisdiction over at least one of the parties, but the other party may be, under certain circumstances, dragged into the Oregon court.

Back to Oregon divorce law.

ORS 107.075 provides that at least one of the parties must reside or be “domiciled” in Oregon in any divorce or separation case.

If the marriage was solemnized in this state (meaning, I think, that the marriage license was issued by the State of Oregon) and the marriage was one which was prohibited (where one of the parties was still married to someone else or one of the parties was not yet 16, where the marriage was obtained by force or fraud,  or one of the parties was incapable of giving consent, then, the parties can file at any time.

However, regardless of where the marriage was solemnized, under all other circumstances, at least one of the parties must be a residence of Oregon continuously for at least 6 months before the divorce is filed.

In a suit for separation there is no six month residency requirement.

The court has personal jurisdiction over any parties filing for a divorce if one of the parties has been in Oregon for at least six months, and personal jurisdiction over any any person living in Oregon who is alleging that the marriage is void or voidable.