Three Important Questions to Ask Your Oregon Divorce Attorney
Even at its most amicable, divorce typically means a massive upheaval in your life. There are so many things that you’ll need to get into order that the process can feel overwhelming. Where do you start? Who can you trust? What are the things that everyone wishes they knew before they entered their divorce proceedings?
Given our years of experience in helping people navigate the process of divorce in Oregon state, the DBMA Family Law team wanted to share with you our answers to some of the most frequently asked questions we’ve received from our clients over the years. Preparation, communication, and negotiation are three factors that lie at the heart of successfully navigating a divorce. We pride ourselves in helping clients with mediating their divorce or in helping them dissolve their marriage in court, should it need to go to trial.
While there are so many different aspects of divorce we could speak to, these three questions speak to issues that all of our clients have concerns about, with answers that we believe will prepare you for what this process could look like for you.
1. How much does a divorce cost in Oregon?
As is the case with many aspects of family law disputes, the total cost of your divorce will depend on a variety of factors. In the state of Oregon, the filing fee for divorce costs approximately $300 for each party. This does not include the costs associated with serving a spouse a petition for divorce, nor does it include the cost of attorney fees or other fees that the court might require.
In general, the more complex the divorce, the more expensive the process will be. This is yet another reason we recommend mediation where at all possible, as it encourages agreement between parties and therefore can help to keep costs low. That said, partnerships where there are children, numerous assets, and other factors to be negotiated can make mediation of all legal facets of the relationship difficult to achieve.
The lawyers at DBMA are committed to minimizing costs, presenting you with a range of options to resolve your case, and generally navigating the divorce process as efficiently as possible.
2. Will I have to pay spousal support? Am I eligible for support?
Spousal support is not necessarily ordered in every divorce settlement in the state of Oregon. When it is under consideration, it is designed to help a spouse maintain a lifestyle that is comparable to what they experienced during the marriage, meet his or her essential needs, or help them to become self-sufficient, so long as it meets the requirements of what is “just and equitable under the circumstances.”
How much you might be required to pay or to receive, and for how long you might pay or receive spousal support, is determined by factors such as: how long you were married (spousal support in a short-term marriage of fewer than five years is not usually awarded); the standard of living you enjoyed throughout your marriage; your ages; your general health; any outstanding debt you may carry; your parenting plan, if applicable; and, perhaps most importantly, the work history and earning capacity of the spouse requesting support.
In the state of Oregon, there are three different types of spousal support: transitional, compensatory, and spousal maintenance.
If awarded, spousal support can sometimes be a combination of all three types, and the amount and duration of the support can depend on how property and assets are being divided. Modifications to spousal support can be made post-divorce but must be for reasons related to an unexpected or significant change in the finances of one of the parties.
A new marriage for the party who is receiving payment does not necessarily mean that spousal support will stop. Again, this will be determined by the court, based on a number of careful considerations related to both parties’ financial pictures post divorce.
3. What do we tell the children about our divorce? When should we tell them?
This is, of course, a very personal decision. In our opinion, it should be handled as delicately as possible for the good of the children. You’ll find as you navigate the process of divorce, parenting time, child support, and other factors that the court’s decision making is based in most instances on how to best answer the question, “What is best for the children?”
This is yet another reason why we recommend mediation in divorce proceedings as it is designed to bring both parties to the table with an unbiased third-party mediator whose goal is to help you come to as many agreements as possible about your divorce, including those factors that will deeply impact your children.
If at all possible, find a distraction-free venue in which you both can tell them that you are getting a divorce. Even though you are entering a process where you can no longer be a couple, being there for the children as a team in this moment can help them understand that this is about you as adults and that it has nothing to do with them or anything they’ve done.
If you are able to tell them before you separate or one of you moves out of the family home, we recommend doing so two to three weeks before separation occurs. This can give them time to emotionally process the situation without it looming over the household and causing even more strife in an already emotionally heavy situation.
We also recognize that this simply isn’t possible in all divorces. Some situations are subject to greater duress, communication might not be as healthy or as open as it could be, and there, of course, instances of emotional or physical abuse that are taking place. Your and your children’s emotional and physical safety are the highest priority, so we advise that you what is possible in keeping them safe from harm while doing what you can to help them to process the divorce.
You deserve guidance as you enter into a divorce.
The family law attorneys at DBMA Family Law Group are committed to helping you understand your family law dispute, your legal options, and how you can move forward with your life while achieving the best possible outcomes.
Contact us today for your confidential consultation.