Clients always want to know the duration and the price of an Oregon divorce. Unfortunately, this is tough to answer without consulting on the case, although a widespread question.

Lawyers charge on an hourly basis, meaning the price of your divorce is related to the amount of time your lawyer spends working on the matter. There are also some court costs associated with the filing of a divorce, or other family law matters, in the state of Oregon. As a general rule, the higher the number of issues that are in dispute in your circumstance, the higher the fees. This is simply because the attorney will need to spend more time working on your matter.

Couples that can solve all issues may be able to do so without the need of a lawyer. Or, they may simply use a lawyer to draft appropriate paperwork. However, if a divorce goes to trial or has multiple hearings in court, the costs will grow accordingly. Because going to court is comparatively expensive, most cases settle without going to trial.

The length of the divorce also depends on whether the case goes to trial. A complete divorce could be finished as little as two weeks (or even less!) if the parties have agreed on most of the matters and only require the drafting of a judgment. However, when the matter involves court time, the schedule is often at the mercy of the court, which can be lengthy given the court's caseload. While most contested cases resolve within nine months, outlier cases can last more than a year.

Let us evaluate your case at a flat-fee initial consultation. We will attempt to give you a ballpark assessment of how much your matter would cost at every step and discuss the specifics of your case, which could make it more or less costly.

Q: What does a family law lawyer do? What is "Oregon family law?"

A: “Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more. Common family law issues include child custody, parenting time (visitation), step-parent adoptions, spousal support, child support, restraining orders and stalking orders, prenuptial agreement, grandparent rights, and far more.

Modern families come in all sizes and arrangments, and the term "family law" simply refers to the practice of law that helps those families within the Oregon court system.

Watch for the common mistakes in Oregon divorces

If you’re contemplating a divorce, there’s no doubt that it’s a difficult time. Divorce fraught with charged emotion that may be unfamiliar. Even if you initiate the divorce, it’s still complicated. Divorce spawns big emotion, and even well-meaning parents make mistakes without thinking about the ramifications of their actions. To ensure a smooth process, we have compiled a list of common pitfalls to avoid doing during a divorce.

Using the Children as Weapons

This unfortunate practice, while universally counseled against, still creeps into divorce negotiations. People will tie parenting time and custody issues to matters of property division and finances. For example, “if you agree to X amount of spousal support, I will allow joint custody.” Although it is rarely so overt, it is nonetheless prevalent in more subtle ways. Don’t do it. Period. Courts penalize parents who prioritize financial issues over the best interest of children. Your children are not leveraged for anything. Your parenting time and custody matter must always place their best interest first.

Trash-Talking Your Ex

Negative talk about ex-spouses is a common problem, and you may not even realize you are doing it. As an ironclad rule: do not disparage your ex-spouse to your children or in front of your children. Children take these things to heart. Even if the allegations and statements are true, children don’t need to hear negative thoughts about their parents. Your children are 50% of the ex-spouse you are disparaging, so by insulting your ex; you are disparaging your children in some respect.

Allowing Emotion to Control Your Actions

It is said that during a divorce, people behave the equivalent of having temporarily lost 20 IQ points. Whether this is the case, it’s undeniable that thinking is more difficult when you are overwhelmed by a flood of other emotions. Intense hurt, anger, fear, and other emotion can cause poor judgment if you let them. Having a dispassionate sounding board, like an experienced attorney, counselor, or therapist, can help keep your worst impulses under control.

Everything You Do Might Affect Your Children

Whether your children are infants, teens, or even adults with their children, your divorce is going to impact them. Hiding the divorce from children is rarely a viable option. However, children also don’t need to know the gritty details of the divorce either. Here, it is an excellent idea to seek the guidance of a counselor or therapist with experience with children and divorce to determining the most age-appropriate language to use to explain the circumstances. A teenager will require far more information than a toddler, so tailoring your communication to each child is a must.

Obscuring Financial Information

Don’t lie to the court; this is always the case. Often people will try and frame their finances when divorcing to make the situation appear either better or worse for court. Should you wind up in court, savvy judges generally figure out the truth. Obscuring facts simply damages your credibility. Ignore well-meaning friends and family who might focus on the horrors of spousal and child support. Listen to your attorney instead and follow their direction. They know the law in your state.

Focusing on the Past

With few exceptions, legally, it doesn’t matter why you are getting a divorce. In the unfortunate circumstances that involve abuse or danger to yourself or the children, specific facts might be relevant to discuss with your lawyer. Otherwise, family law judges don’t evaluate which person is morally right or wrong or why the divorce is occurring. They are there to divide assets and debts and create a new future for your children. Leave that in the past. The grievances and emotional hurt from the marriage are better left to your counselor or therapist, as discussion in court simply muddies the issues the judge is required to decide.

Refusing to Compromise

Don’t enter negotiations unwilling to make any concessions. Sometimes it is tempting to “stand your ground” and decide that you aren’t willing to give an inch. If that’s the case, going into a negotiation likely will not yield anything except frustration. If you can’t negotiate and reach an agreement on your own, the only person who will be able to make decisions for you is the judge. In that case, you will end up having compromise made for you, often in less desirable ways. If you are going to enter negotiations, do it in good faith.

Not Getting an Experienced Oregon Divorce Lawyer

Abraham Lincoln famously said, “He who represents himself has a fool for a client.” The fact is that all but least contentious divorces have emotional issues that can impact your judgment amid a divorce. Even if you believe you are handling the circumstances will, hindsight will likely prove that some decisions were made without the clarity of dispassionate advice. Further, there is no substitute for knowing the law. Even if you have facts on your side, unless you know how to frame and present those in the context of Oregon law, you may not get the benefit of those factual advantages.

Placing Too Much Faith in the Advice of Family and Friends

It’s human nature to rely on the people closest to us during a divorce. Friends, family, and even acquaintances all seem to suddenly have opinions, advice, and experiences to share with you. The problem here is twofold. First, unless those family and friends are experienced Oregon divorce lawyers, they don’t know how to interpret the facts of your case correctly. Secondly, those family and friends, though well-meaning, are often aligning with you and telling you information you want to hear instead of providing objective legal analysis rooted in Oregon family law.

Not Recognizing Room for Improvement

Nobody is perfect; we all make errors along the way. If you are reading this list and realize you have already made some of the mistakes listed, it’s ok. You can make changes. What is important is recognizing the room to improve and find a way to change bad habits. Divorce is a process, and it’s a learning experience. Give yourself some breathing room and slack for making errors. It’s how you adapt to your situation and find space for self-improvement over past mistakes that ultimately will result in more peace for your family.

What types of tasks does an Oregon unbundled lawyer handle?

There is no standardized type of "Oregon unbundled legal service" because attorneys handle the scope of these types of matters in a spectrum of ways, and clients have a wide variety of requirements. A client might hire an unbundled service lawyer to perform some tasks, including, but not limited to:

• evaluating the client's case, and advising about strategy;
• informing about legal responsibilities or rights;
• informing about court rules and procedures;
• advising about alternative dispute resolution options;
• preparing specific documents, briefings, motions, or other legal pleadings;
• reviewing documents;
• conducting investigations;
• referring specific issues to know experts;
• performing appropriate legal research;
• advising on settlement options or negotiations;
• helping preparation for court appearances;
• appearing with the client in court for a limited purpose; or
• assisting with an appeal.

Unbundled Oregon legal services can provide an excellent option for clients who don’t need the expense or full level of service associated with full legal representation, but who still need legal help along the way.

What is Oregon divorce mediation?

When going through a divorce, tensions are already high. Emotions are high; feelings are hurt. The last thing that helps this circumstance is litigation, where the parties are forced to take positional roles that are adverse to each other, with a judge deciding on "who is right." By contrast, mediation is about building agreements and consensus. Rather than having a judge tell you the decision, a skilled Oregon mediator will help guide the parties to agree on their own. For couples going through a divorce, this is often an excellent way to reduce the level of conflict and create a resolution that works for the family.

While certainly not free, mediation can also be an excellent investment if it cuts a lengthy and far more costly litigation cycle of trial preparation and trial. Further, the reduction of tension and faster resolution, if successful, can have many longer-term benefits for families with children. By improving the ability to communicate at seem level, it may foster an environment that parents can work on other conflicts in the future to resolve issues involving the children.

Every county in Oregon is required to offer some divorce mediation to litigants. These mediation processes are connected to the court process. Still, they are outside the routine litigation that occurs within the court process itself. All mediation requirements may be satisfied by utilizing a private mediator independently hired by the parties.

How does Oregon divorce mediation work?

In the Portland, Oregon metropolitan area, each of the three counties has its own mediation services required during a divorce: -  Multnomah County Divorce Mediation: Under Multnomah County Supplementary Local Rule 8.031(1): In any domestic relations case, all parties are required to participate in some form of appropriate dispute resolution, including mediation, arbitration, judicial settlement conference, or a neutral-assisted settlement conference… - Clackamas County Divorce Mediation: Divorce mediation is voluntary - Washington County Divorce Mediation: Washington county Supplementary Local Rule 12.011 require: Mandatory Mediation: Any action filed in the court involving a controversy over custody or parenting time of minor children shall be subject to mediation - Outside the trip-county metropolitan area, each county has it’s own requirements which can be evaluated in the county supplementary local rules.

Mediation vs. Arbitration - What's the Difference?

Mediation and arbitration are both alternative dispute resolution methods ("ADR") but are very different processes. Arbitration is more like a less formal trial and does not take place in a courtroom. In arbitration, an "arbitrator" fills the role of a judge in a courtroom and makes decisions about the case. By comparison, mediation is a process where a mediator facilitates negotiations and helps bring about agreement on disputed issues. Unlike an arbitrator, a mediator does not have any decision making authority in the case. While a good mediator can facilitate an agreement, they cannot force a resolution.

Why mediate before or after a divorce?

Minimizing conflict both during and after a divorce should be essential for parties, particularly those with children. Mediation provides a useful tool for resolving disputes without the need to enter a public forum (a courtroom) and inflame tensions by leveling allegations at each other. Mediation allows the parties to take part in the development and agreement of their resolution. This lowing of strains can have long-term benefits for the parties' emotional well-being and foster a better co-parenting relationship after the divorce process is complete. Similarly, or utilizing mediation after the divorce process is complete before returning to court for later disputes, the parties may continue to resolve future issues without costly or hurtful litigation.

Mediation For Conflict Resolution After Divorce

Conflict reduction during and after divorce Minimizing conflict is a primary benefit of mediation during a divorce. The ability to do this can not only make the divorce itself less complicated, but it can set up a more positive atmosphere for after the divorce. For people who must co-parent after the divorce, this can be highly beneficial and in children's best interests.

Is it worth getting a divorce lawyer?

This question is standard, though completely subjective and fact-specific. It is certainly possible for people to do divorces independently, and the court even provides paperwork to the public to do so. However, unfamiliarity with legal forms can confuse the inexperienced, and mistakes can result in more considerable legal fees in the future to correct the errors.

When there are more complex issues involving children, custody, and real property or more extensive assets, getting the expert legal opinion from an experienced Oregon divorce lawyer is almost certainly a good idea.

Background of Oregon Child Custody

Child custody is one of the most contentiously and contested issues in Oregon family law cases. Misconceptions about what "custody" actually means tend to meld with advice from well-meaning friends and family and with conflicting information from web sources that might not even reflect Oregon law.

What is Oregon Custody?

Legal "custody" of a child in Oregon is not nearly as sweeping a status as many tend to believe. It is not a "super parent" status that allows a custodial parent to make unilateral moves for the child that involve relocation or schedule changes. In short, legal custody refers to decision making authority on three significant issues: 1. Education - for instance, if there is a dispute regarding which of two available public schools a child would attend, the custodial parent would have the final "tie-breaking" vote. 2. Healthcare - in non-emergency circumstances, the custodial parent may determine major medical questions, like selecting which primary care pediatrician the child uses. 3. Theological training - again, for example, this would entail determining as to whether a child went to a religious school or a public school. (Note that this custodial decision says nothing about the who would pay for a private religious school.)

Unpacking the Two Types of Oregon Child Custody

There are two separate types of custody in Oregon: full legal custody and joint custody. Full custody is where one parent has the entire "tie-breaking" decision making authority, as referenced above. In joint legal custody, neither parent has any more power than the other; all determinations as to primary education, healthcare, and religious training must be by agreement of the parties. Joint custody can only come about by agreement of the parties. The court cannot force it.

By contrast, sole ("full") legal custody, if not agreed to, must be decided on by the court. When doing this, the court must take the child's best interest or children into account and apply factors as prescribed by Oregon law. In determining custody, Oregon law specifies what factors the court must evaluate and consider when deciding who should be the sole custodial parent at ORS 107.137: - a) The emotional ties between the child and other family members; - (b) The interest of the parties in and attitude toward the child; - (c) The desirability of continuing an existing relationship; - (d) The abuse of one parent by the other; - (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and - (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

When the parties cannot agree on joint custody, the court has no option but to decide on one parent to be awarded sole custody by applying these factors. If a case goes to trial, a court will often recite the statutory factors they considered when making their ruling and awarding custody. However, not all cases go to trial. Most do not. If parties agree on a custody arrangement, without the need for a judge to weigh the custody factors, the court will honor that decision in any final judgment. Parties can come about an agreement by themselves, with the help of attorneys, or even through a mediated settlement.

Changing Oregon Custody

Once custody is decided, or agreed-to for one parent, changing custody is substantially harder than establishing it. The court requires a "substantial and unanticipated change in circumstances," generally, which are to the detriment of a child.

Get Legal Help From Custody Law Experts

Custody issues are tricky and require knowledge of the law to present the relevant evidence in a contested case. If you need help with your Oregon custody case, contact an experienced Oregon custody lawyer at brittle.law to set up a consultation.

Overview of Pacific Family Law Firm divorce and family law services.

What is the Oregon Child Support and how does it work?

Child support in Oregon is simply money paid by one parent to another to support a child or children. The amount of support is determined by a calculator based on Oregon law. The Oregon Child Support Calculator is a tool used to calculate the "presumptively correct" amount of child support that a parent is to pay or receive. The calculator uses a set of guidelines established by the state and the legislature to determine the correct amount of child support under Oregon law. Absent deviations for other factors determined by the Court, the amount that the calculator provides given the correct inputs will likely be the amount ordered by the Court.

The Oregon Child Support Calculator

To use the Oregon Child Support Calculator, you must input certain information about both parents, including their income and parenting time. The calculator is available to the public online for free, and will use this information to determine the amount of child support payments one parent must make to another. Custody is not a factor in the calculator, so depending on the financial and parenting time inputs, a custodial parent could still end up paying support non-custodial parent.

The Oregon Child Support Guidelines use a formula that considers the gross income of both parents, the number of children involved, and the amount of parenting time each parent has. Other factors used in the calculation include childcare, health insurance, union dues and non-joint children.

The guidelines are designed to ensure that the child's needs are met while also considering the financial situation of both parents. The goal is to provide a fair and reasonable amount of child support based on the specific circumstances of each case.

Can the amount of child support change from the calculation?

Though the amount output by the formula is considered presumptively correct, the Oregon Child Support Calculator does not guarantee a specific amount of child support. The Court has authority to adjust the final amount of support based on stipulation of the parties or by numerous other factors that may be considered the Court. These "rebuttal factors" are provided in the Oregon administrative rules in the Child Support Guideline Rules 137-050. It's essential to consult with an attorney or other legal professional if you have questions or concerns about your child support case.

How are child support payment made?

In Oregon, child support is predominantly through payroll deduction, with employers withholding the support amount from parents' paycheck and then forwarding it to the Oregon Child Support Program. Alternative payment methods include: - cash - check/money order - credit/debit card - electronic check - electronic payment withdrawal Payments on behalf of someone else require a child support case number and the name/address of the paying parent. Adults in custody who owe past-due child support can make payments through the Department of Justice and Department of Corrections interface, with 15% of eligible deposits being withheld for court-ordered financial obligations. This percentage is split into 5% deposited into a transitional savings account and 10% collected for court-ordered financial obligations, with priority given to restitution and civil judgments, then child support obligations. Once the savings account reaches $500, the entire 15% is collected for court-ordered financial obligations.