Divorce is an expensive proposition. From filing to court fees to hiring an experienced lawyer and beyond, here's the breakdown of what it can cost to end a marriage.
2. This may come as a shocking revelation, but divorce can be an
expensive proposition. There are charges and fees along every
step of the way, from filing the initial paperwork and hiring an
attorney to relevant court costs and a variety of expenditures that
continue even after the process is complete.
3. The big question is:
How much does it cost to get divorced in Oregon?
4. The short answer is that it may cost quite a bit. Many of the expenses of
dissolving your marriage are readily apparent. For example, hiring a lawyer
is going to incur fees, though the exact amount depends on the nature of
each distinct situation. On the other side of that coin, there are bound to
be those payments that you didn’t see coming, like fees for responding to
motions filed against you, changes in your tax status, or even the potential
impact on your credit score down the road.
5. Every case is different, but with that in mind, here are some of the costs, both obvious and
otherwise, you may encounter when seeking a divorce in Oregon.
6. A common refrain is that there is no such thing as a free divorce. No
matter how amicable, good-natured, or uncontested a split, there are at
least a few fees likely to pop up. Even for the do-it-yourselfers out there
going through an unchallenged split, according to the Oregon State Bar
Association, each party is currently subject to a $273 filing fee for a divorce
or custody case.
7. Moving forward, there is the cost of serving your soon-to-be former spouse with divorce
papers. You can hire an outside process server to accomplish this, which, depending on what
company you use and how difficult it is to find your ex, may run anywhere from $50 upwards.
If you have retained the services of an attorney, they can handle the serving, for a fee. There is
a form that you can have your spouse sign that indicates the documents have been served,
but otherwise this needs to be done by an outside party.
8. There are also costs involved with filing motions, responding to petitions,
appearing in court, and more. Basically, every time you have to deal with
new paperwork or show up in front of a judge, expect to fork over at least
a few dollars.
9. Divorce is a complicated affair and you may be much better served by enlisting the expertise
of an attorney. A professional knows the ins and out and intricacies of the process, will be able
to answer your questions, and can guide you down the path towards an optimal outcome.
And that, of course, costs money.
10. There may be an initial consulting charge, likely a flat fee, followed by an
hourly rate. At Goldberg Jones in Portland, for example, there is a $95
consultation fee, with an hourly rate of $295 once hired. Depending on
how long and complicated your divorce is, the more issues you and your
spouse disagree on, and the more contentious the proceedings, these fees
may stack up accordingly.
11. Make sure that, right out of the gate, you ask your lawyer to explain their billing practices.
Find out what services you get for your money, how they break down the charges, and what
you can expect to see on an invoice. It never hurts to get this sort of thing in writing at the
beginning, and though the price may seem high at first, it will likely be well worth the
investment in the long run.
12. While legal and attorney’s fees are most apparent costs of divorce, they
have an end date. Once your split is final, they will go away, or at least
stop accumulating. There are, however, post-divorce financial obligations
that may, depending on the circumstances, continue long after a marriage
is dissolved.
13. If children figure into your divorce, child support may be one of the biggest continuing costs
you see. In Oregon, child support is primarily awarded in cases involving minor children under
the age of 18, though in some instances it can continue until 21. These payments are designed
to provide for the ongoing care and well-being of your kids.
14. In general, the party that has the most overnights with the child is the
one most likely to receive payments from the other, though child
support is also often payable even in cases of 50/50 shared custody. The
parent with the greater income usually covers more of the financial costs
of child care, medical bills, and education. The State of Oregon has
an online calculator to estimate potential child support payments, and
while this is not a hard-and-fast, official amount, it provides a rough idea
of what you may be required to pay.
15. While not awarded in every divorce, spousal support may be ordered to help your former
partner meet financial needs following the dissolution of your marriage. Less formulaic than
child support, the amount is based on what is “just and equitable” in the given situation, and
may take into account factors like the length of the marriage, the age and health of both
parties, and the future financial prospects of each.
16. There are three kinds of spousal support in Oregon: transitional,
compensatory, and maintenance. Shorter in duration, transitional support
is, as the name suggests, awarded to aid one spouse in making the switch
back to single life, and to obtain education or training to reenter the
workforce, or to advance in the marketplace. This is most common in
briefer marriages. Less frequent, compensatory support is called for when
one party has contributed a significant amount to the career and earning
capacity of the other, or in settlements where one was awarded
substantially more property. Maintenance support is most common in
long-term unions where there is a great divide between the earning
potential of the two parties, one that may never realistically be closed,
and it tends to continue for extended periods, often times even
indefinitely.
17. Up to this point, most of the costs involved in divorce that have been discussed are of the
obvious variety. Court fees, attorney’s costs, and child and spousal support are all commonly
associated with the end of a marriage. There are, however, a number of other, less apparent
expenses that accompany the process of divorce in Oregon, ones that may not be as evident
at first glance.
18. Often by the time a divorce is finalized, the two parties are already living
separately. Frequently, these accommodations are acquired in haste and
temporary in nature. Moving on to the next phase of your life, looking to
lay fresh, permanent roots, you may incur costs associated with relocation
and setting up a new household, especially if there are children to
consider. If you and your spouse owned a home or property together,
unless an agreement can be reached, these assets may be sold, again,
often quickly and for convenience rather than for optimal value.
19. If you were previously protected under your spouse’s health coverage, this is another situation
you may need to deal with. The same goes for changing wills, altering life insurance policies,
or any other shared articles and benefits acquired over the course of the marriage.
20. One huge change may be your tax situation. Once your divorce is settled,
your filing status will likely look very different than before, and if there are
minor children involved, your custodial status may also impact deductions,
payments, incentives, and more.
21. It’s also even possible that your credit score may be affected. After your divorce, your former
spouse’s future credit shouldn’t impact your own, as you will apply for credit cards, loans, and
more individually. If you still have existing shared debts, however, that can influence the
standing of your credit file.
22. For example, divorce doesn’t alter pre-existing contracts and agreements
with a third party that you and your spouse entered into while married,
like a mortgage. If the court assigns your former spouse to pay a joint
debt like this, in a perfect world, that’s precisely what will happen. On the
other hand, if your ex neglects to make these payments, or simply isn’t
able to, it can reflect negatively on you. If it gets bad enough, you could
be approached by creditors or even face legal action. Hopefully there is a
strategy in place for dealing with such joint debts and division of property
in accordance with Oregon law, but it never hurts to keep a close eye on
your credit score and stay abreast of the situation.
23. In short, divorce is not cheap, even in the most straightforward cases. Dissolution agreements
can be hugely complex, take into account a wide variety of factors, and feature many moving
parts. There are, fortunately, ways to potentially reduce some of these costs and limit the
amount you ultimately spend, especially when it comes to uncontested divorces or when
there is little shared property and no children in play.
24. The costs of divorce in Oregon are different in every case, but for ways to
keep them from spiraling out of control, take a look at this article for tips
to cut fees and keep your expenses in check.