Using a Reference Judge for an Oregon Divorce Trial

By Michael G. Romano, Managing Attorney | Last updated September 17, 2026

Parties in Oregon divorce cases typically settle prior to trial. But for those cases that require a trial, it can be a long wait for the proverbial “day in court.” Dockets are crowded. Judges are overworked. Divorce cases often take a back seat to more serious and time-sensitive matters (such as in-custody or even out-of-custody criminal cases). Enter reference judges to the rescue.

Oregon has allowed parties to take a civil case, including a divorce, to a reference judge since 1983. The rules are in ORS 3.300 to 3.321. Here’s how the process works, what it costs, and how to pick the right reference judge for your case.

What is a Reference Judge?

A reference judge is an Oregon lawyer, appointed to a court’s panel of reference judges, who can try a civil case, including a divorce, in place of a circuit court judge. Some reference judges are senior or retired judges, and other times they are trial attorneys. They aren’t required to be an appointed or elected state judge.

Each judicial district decides for itself whether to use a panel. The presiding judge sets one up with the approval of the Chief Justice, and the Oregon Supreme Court appoints its members (ORS 3.300). The only formal qualification is membership in good standing with the Oregon State Bar. In practice, the reference judges who get chosen for divorce trials are the ones with long family law trial experience, because the lawyers on both sides have to agree on the choice.

Once a case is referred, the reference judge has the same power as a circuit judge to run the trial. They apply Oregon law and, unless the parties agree otherwise, the same rules of procedure and evidence used in circuit court (ORS 3.311). They are also subject to the Commission on Judicial Fitness and Disability, the same body that oversees elected judges.

How Does a Reference Judge Trial Work in Oregon?

Both sides have to agree. The spouses file a joint written request with the presiding judge asking to refer the case, and the request must include a stipulation that the reference judge’s decision will be entered as the judgment of the court (ORS 3.305). The parties can name a specific reference judge in the request. If they don’t, the presiding judge picks one, and either side has 10 days to reject that choice and ask for another. A reference judge can also decline a case.

After the referral, the reference judge sets the trial at a time and place that works for everyone, often a conference room rather than a courtroom. A court reporter records the trial unless the parties waive it, in which case the trial is audio recorded.

Within 20 days after the evidence closes, the reference judge mails both sides a proposed written decision with findings of fact, conclusions of law, and a judgment. Each side then has 10 days to object or suggest corrections, and either side can ask for a hearing on the objections. The reference judge then issues a final report, and the presiding judge enters it as the judgment in your divorce (ORS 3.315).

Two limits are worth knowing. A reference judge can hold a remedial contempt proceeding (to get a party to comply with an order) but not a punitive one. And the presiding judge can pull the case back if the reference trial is being unduly delayed, and can make whoever caused the delay pay some or all of the costs up to that point.

What are the Disadvantages of Using a Reference Judge for an Oregon Divorce Trial?

Probably the biggest disadvantage is cost. If you are of modest means, a state judge is going to be your best bet. The parties pay the reference judge. Unless they agree to a different arrangement, such as an hourly rate, Oregon law sets the fee at five percent of a circuit judge’s monthly salary for each day the reference judge works on the case, or half that for a half day or less (ORS 3.321). The fee is split equally unless the parties agree otherwise, and the court estimates the total in advance and has the parties deposit it with the clerk. On top of the judge’s fee, there may be expenses related to recording (audio or court reporter) and the location rental for the trial (such as a conference room).

Another possible disadvantage is more subjective, and that is appearance. If it’s important to you to have your trial feel like it’s state-sanctioned, with the weight of the Oregon judiciary behind it, then a state judge would be best. For some people, they are going to want their divorce trial to be in an official courtroom with a traditional judicial bench, witness stand, and counsel tables.

A reference judge also won’t make your divorce private. Oregon law requires the time and place of the trial to be posted at the courthouse, and anyone can attend, just as they could a trial in circuit court (ORS 3.311). If privacy is a priority, talk with your attorney about other options.

Finally, a reference judge requires your spouse’s cooperation. If the other side won’t agree to the referral, or the two of you can’t agree on who the reference judge will be, the case stays on the regular court docket.

What are the Advantages of Using a Reference Judge for an Oregon Divorce Trial?

The main advantage is probably speed. You can get a trial date much faster with a reference judge, and it will likely be more meaningful (i.e. not postponed or bumped). The trial itself may also be more efficient because a reference judge will have greater flexibility to set hours and avoid interruptions common in state courts due to other court business.

Another advantage is the ability to handle complex issues. Some reference judges are more skilled at complex litigation than state court judges. In cases where there are large or difficult-to-value assets, complex business arrangements, or complex tax or real estate transactions, a reference judge may be better suited to assist with these issues in a divorce.

One additional advantage that a reference judge may bring to the table is a desire to do good work. This is obviously more subjective, but reference judges have a financial incentive as well as a reputation to maintain with local attorneys that they will do a good job on the trials they take on. It’s not that they desire a reputation to be favorable to one side or another, but rather that they are fair, listen to the needs of the parties, listen carefully to the arguments made by legal counsel, make accurate findings of fact, and ultimately explain their ruling in detail so that it’s well-understood by all participants.

And the decision isn’t a dead end. A reference judge’s judgment can be appealed the same way as any circuit court judgment (ORS 3.315), which is a meaningful difference from binding arbitration.

How to Choose a Reference Judge for Your Oregon Divorce

There is no official ranking of reference judges, and the best choice depends on your case. Here is what our attorneys look at when recommending one.

Start with family law trial experience. A divorce trial can cover property division, spousal support (ORS 107.105), and sometimes custody and parenting time. You want someone who has tried or decided those issues many times. Retired judges bring years of experience deciding cases from the bench. Practicing trial attorneys often have a current feel for how Oregon courts are handling these issues. Either can be a good fit.

Match the judge to the hard part of your case. If the fight is over the value of a business, a retirement plan, or real estate, look for someone comfortable with financial evidence and expert testimony. If it’s a custody dispute, look for someone with deep experience in parenting cases.

Ask about availability and fees before you commit. The whole point is a faster, firmer trial date, so confirm the reference judge can actually offer one. Get the fee arrangement in writing, including whether time spent reviewing exhibits and writing the decision is billed.

Look at how they write. The written findings are what you live with after the divorce, and what the Court of Appeals reviews if either side appeals. Lawyers who have tried cases in front of a reference judge know whether that judge explains their reasoning clearly.

Finally, expect a negotiation. Because both sides must agree on the name, lawyers usually exchange short lists and look for overlap. Your attorney’s firsthand experience with reference judges in Multnomah, Clackamas, and Washington County, Oregon is often the best information you’ll get.

Frequently Asked Questions About Reference Judges in Oregon

Does my spouse have to agree to use a reference judge?

Yes. Both parties must file a joint written request with the presiding judge and stipulate that the reference judge’s decision will be entered as the court’s judgment (ORS 3.305). If your spouse won’t agree, the case stays with a circuit court judge.

How much does a reference judge cost in Oregon?

It depends on the arrangement. Unless the parties agree to something else, such as an hourly rate, the fee is five percent of a circuit judge’s monthly salary for each day the reference judge works on the case (ORS 3.321). The spouses split it equally unless they agree otherwise, and they also pay for the court reporter and any room rental.

Is a trial before a reference judge private?

No. The reference judge must notify the court clerk of the trial’s time and place at least five days ahead, the clerk posts it at the courthouse, and members of the public can attend (ORS 3.311). A reference judge gets you a faster, more flexible trial, not a confidential one.

Can you appeal a reference judge’s decision in an Oregon divorce?

Yes. Once the presiding judge enters the reference judge’s final report as the judgment, it can be appealed the same way as any circuit court judgment (ORS 3.315). That’s a key difference from binding arbitration, where the grounds for challenging an award are much narrower.

How quickly does a reference judge issue a decision?

The reference judge must send both sides a proposed written decision within 20 days after the evidence closes, unless the parties agree to a longer time. Each side then has 10 days to object before the reference judge issues a final report (ORS 3.315). That built-in timeline is one of the main reasons parties choose a reference judge.

Finding a Reference Judge to Handle Your Divorce Trial

If you are looking to resolve your Oregon divorce case through trial, discuss with your attorney the possibility of using a reference judge. You also may be interested in mediation or settlement conferences, which can also involve retired or private judges.

Romano Law handles contested divorce trials in Portland, Beaverton, and across the Portland metro area, and Michael Romano has more than 26 years of Oregon trial experience. To learn more about our attorneys or to talk through whether a reference judge makes sense for your case, schedule a consultation or call 503-208-5529.