How Much Does A Divorce Cost In Oregon?
How much does a divorce in Oregon cost?
Preparing to go through a divorce raises a lot of questions, many of which a person tends not to think about until they’re faced with a new experience.
Among the more practical questions a person might wonder is, “How much does a divorce cost?” It’s certainly one we as family law specialists hear often.
Virtually every aspect of life is affected by divorce, and the financial impact is often one that causes people a great deal of stress.
When it comes to how much a divorce costs in Oregon, the most honest answer is: It depends.
There are some standard fees associated with divorce that are predictable, but there are other factors, such as the legal representation you choose, how amicable the divorce is, whether you have children or need to resolve spousal support, and the number of assets needing to be untangled and equitably split that will affect the overall cost of your divorce. And, to be clear, these expenses are unique from potential financial obligations associated with spousal or child support.
Let’s discuss what some of those standard fees are, as well as the reason why some feels are less predictable than others.
The hard costs of divorce in Oregon
There is a fee associated with filing for divorce. You or your spouse will have to pay a mandatory fee to the Court in order for the court to file your paperwork and the non-petitioning party will have to pay a mandatory response filing fee if the matter becomes contested. Both the filing fee and the response fee vary by precise type of case, but are usually approximately $300 each.
If you’re petitioning for divorce, then you’ll need to serve your spouse with the Petition paperwork and if you hire a process server this will typically cost about $50-75, but the more time and greater difficulty it takes the process server to serve your spouse, the more it may cost.
People facing financial hardship may request that the judge waive the fees required to file and serve, or sometimes they can be deferred. There’s no guarantee that either option will be granted, but it’s an option those who need financial assistance can explore.
In some cases, there are other fees for additional paperwork that needs to be filed or served, such as a subpoena, and the cost of any experts like a custody evaluator or appraiser. Beyond these expenses, there are costs associated with divorce in Oregon that can be more unpredictable.
Additional costs of divorces in Oregon
How do you plan to handle your legal representation? In other words, do you plan on hiring a lawyer to represent you in your divorce?
If you believe that your divorce will be uncontested by your spouse, then it is possible that you won’t need legal counsel to represent you. If you still want a lawyer to help you with completing and filing your paperwork, then many law groups, DBMA included, can be hired to help you in a limited scope services capacity.
However, if the divorce is contested, then having legal counsel to help you navigate the divorce process is almost always recommended.
Your lawyer should outline how they charge for fees related to handling your divorce, and advise you on the potential unexpected expenses that can sometimes pop up. It is difficult to estimate the total cost of a contested divorce, so you will want to check in with your attorney as things progress.
If your lawyer isn’t forthcoming about these costs or won’t put their fees in writing (in the form of a retainer or fee agreement), then you might be working with less than reputable counsel and might want to seek assistance elsewhere.
How amicable will the divorce be? How complex will the distribution of assets be?
The easier you and your spouse make this process, the less expensive it will be.
Some couples might be able to reach agreements through mediation, and others might be able to come to an agreement through the collaborative process. Each of these options require a strong commitment to resolving the divorce, and each process has their own unique fee structure associated with them.
Other couples will choose to take their divorce through the family court system, where their lawyers will negotiate the terms and ultimately settle on the day of or just before their trial date.
The longer you dispute the distribution of assets and debt, the nature of the parenting plan, and the details of your spousal and child support, the more hours your lawyers are going to spend negotiating a resolution.
If you and your spouse’s estate consists of assets like multiple properties, complex financial accounts, and/or debt considerations, then your divorce will generally take longer and cost more than other cases.
What else do I need to know about divorce in Oregon?
Oregon is a no-fault divorce state. This means that you need not claim any reason beyond “irreconcilable differences” when petitioning for divorce.
Either you or your spouse will need to have lived in Oregon for at least six months before you can file for divorce in our state, though you sometimes can be granted a legal separation before reaching that six-month time period.