Are Divorce Records Public in Oregon?
Divorce records in Oregon are confidential and not available to the general public for the first 50 years. During this period, they can only be obtained by the parties named on the record, their immediate family members, and legal representatives, as well as court-authorized government agencies.
Oregon divorce records show proof of divorces finalized in the state. Such records provide vital divorce information, including the names of parties involved in the divorce as well as when and where the separation was finalized. Some divorce records contain important information pertaining to spousal and child support, asset division, and child custody.
Divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding Divorce Records
A divorce record is the complete case file of a marriage dissolution. In addition to details of the entire court proceeding as well as the final judgment of the divorce court, it also contains a divorce decree and the terms of the divorce settlement. This record can be requested by the parties named in the record, their close family members, and legal representatives. A copy of the divorce record comes in handy if any of the parties involved choose to challenge the final judgment.
How to Obtain Divorce Court Records in Oregon
In Oregon, Clerks of Circuit Courts maintain and issue divorce court records to requesters. These records are available to the general public unless sealed by court order. Requests for copies must be made in writing or in person to the Circuit Court’s Dissolution of Marriage Records Unit.
The process of requesting divorce case files and the fees charged differ from one county to another. Contact the Circuit Court where the record of interest is kept to find out the exact methods and payment required to make a request.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
The two main types of divorce records available in Oregon courts are divorce decrees and divorce certificates.
Understanding Divorce Certificates
A divorce certificate is a vital document that proves the dissolution of a marriage between two people on a specific date. It also provides the location where the separation was finalized as well as the names of the two parties involved in the divorce. It does not contain as much information as other divorce records, but it is the most widely used document among them.
Divorced parties that intend to remarry or apply for name changes need this document. In Oregon, divorce certificates are issued only to the parties named in the certificates, their immediate family members, and legal representatives. Government agencies can also request these certificates with court orders. The two major types of divorce certificates are plain and certified divorce certificates.
- Plain divorce certificate: This is a regular copy of a divorce certificate containing essential details of the divorce. Since it is a photocopy of the original document, it cannot be used for official purposes because it does not have an official seal. It usually costs less than a certified copy.
- Certified divorce certificate: A certified copy of a divorce certificate provides the same information as a regular certificate and bears an official seal. This copy is required for all official purposes, including legal and tax matters.
How to Obtain a Divorce Certificate in Oregon
The Vital Records Office of the Oregon Center for Health Statistics maintains and issues copies of divorce certificates for the state. Requesters can obtain divorce certificates in Oregon by applying:
- By mail
- In person
By Mail
Requesting for an Oregon divorce certificate by mail starts with completing a Divorce Record Order Form. The requester must be one of the parties named on the certificate, an immediate family member, an attorney of any of the parties, or an authorized government agency. If a legal guardian of any of the parties is requesting a divorce record, the guardian must include a legal document that proves their appointment as guardian.
The order form has fields for providing the following details:
- Full name of the parties named on the record
- Date of divorce or the range of dates it was finalized
- Relationship of the requester to any of the parties named on the record
- Requester's name
- Requester's phone number and email, mailing address
- Reason for requesting
- The requestor's signature on the application
The requester must provide a current means of identification such as a driver's license, passport, tribal card, or military card. Without any of these primary IDs, the requester can also provide three out of these documents, as long as one shows their current residential address.
Oregon Vital Records charges a $25 non-refundable fee for the first copy of a divorce certificate and $25 for each additional copy requested at the same time. Mail the completed application form, copy of government-issued ID, and fee to:
Oregon Vital Records
P.O. Box 14050
Portland, OR 97293
For rush or expedited service, send the request through priority, certified, or overnight mail. For the records to be returned via rush mail, enclose a pre-addressed overnight delivery envelope. The Vital Records Office takes five to eight weeks to process requests received by regular mail. It takes three to five business days to process rush requests received.
A request can be delayed by three weeks if the fee is paid by check. For fast processing of requests, pay all fees through money order. Orders can also be delayed if any of the required information is missing or wrong.
In-Person
To order a divorce certificate in person, you must visit this address with a completed Divorce Records Order Form:
Oregon Vital Records
800 NE Oregon Street
Suite 205
Portland, OR 97293
In addition to the information needed for mail requests, the applicant must provide a Social Security Number for identification purposes. It takes 30 minutes to one working day to process a request. Fees for in-person requests are the same as for mail requests.
Understanding Divorce Decrees
A divorce decree is a legal document that shows a court’s final divorce ruling and the judgment order that makes the separation official. The document summarizes the rights and duties of each party named in the divorce record. It contains information about the terms of the divorce settlement including spousal and child support, custody arrangements, visitation rights and schedules, asset division, and debt settlements.
A divorce decree must be issued by a court irrespective of whether the marriage dissolution involves a trial or not. If the couple chooses a non-trial dissolution, the divorce decree will be based on the terms of the settlements they agreed upon. But if the divorce involves a trial, the presiding judge will determine the terms of the settlement. A divorce decree is binding on both parties. It is only accessible to the divorce parties and their respective attorneys.
Does Oregon Recognize Common-Law Marriage?
The state of Oregon does not give any legal recognition to Oregon common law marriage. Couples who are not legally married do not enjoy the benefits of legal marriage, even if they have cohabited for a long time or have children together. However, an exception is permitted for couples with legally backed common-law marriages created in states that approve this type of union.
As Oregon does not Recognize Common-Law Marriage, couples who cohabit and refer to themselves as husband and wife without legal backing to support their claims cannot file for a divorce. Courts in Oregon will reject a petition for divorce if the couple is not recognized as legally married. Couples who wish to cohabit without getting involved in a legal marriage may be able to establish a partnership contract or other legal relationship as an alternative.
How to Find Out if Someone is Divorced in Oregon
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
