Oregon Legal Separation Explained
In Oregon, a legal separation means that a married couple obtains a judgment under ORS 107.105 that outlines their obligations to one another and their property rights. Although it has some elements in common with divorce, the most significant difference is that a separation does not terminate your marriage. Separation means you are still legally married, whereas divorce does not. It also means that you may not or cannot remarry.
In terms of division of property and assets, a legal separation is very similar to a divorce . The court orders the parties to carry out all the marital dissolution procedures as they would in a divorce, but without an actual divorce order. For this reason, many people in the United States who are in a marriage that is going through a lot of transitions tend to choose not to file for divorce but instead file for a legal separation. The separation allows them to take care of the problems that they have with their spouse without having to file for divorce, retain their marriage relationship with the additional advantages of a legal document that protects their interests, property, and assets.
The Cost of Getting a Legal Separation
The average cost of a "legal separation" in Oregon is about $6,500 including the filing fee. Additional fees can be incurred if your case involves any negotiation, and/or discovery of marital assets. If you have children, an additional $1,500-$2,500 is average to address parenting time, child support and custody issues. Depending on the case, if your case goes to trial, you could be looking at $15,000 – $30,000 to litigate the case.
Legal Separation Filing Fees
All counties in Oregon have a set range of fees imposed on people who file legal separation documents. This amount does vary between the counties but it generally costs approximately $300.00 to file either a legal separation or a dissolution of marriage in every county in the state. In addition to the initial filing fee, there will be costs associated with filing notice of your case in a newspaper of general circulation, however not all counties require this to be done. The cost for filing notice of the case in a newspaper usually costs about $200.00. There is an additional fee for personal service. The cost for personal service varies by county, however the average around the state is about $50.00 per person served. After these fees are paid, the court does not request additional fees unless additional motions are filed with the court. These additional fees average around $120.00.
If you do not have enough money to pay the filing fees, you can request a waiver of fees from the court. This process is accomplished by filing a particular form with the circuit court, called a motion for waiver of service fees. When you file this motion for waiver of fees, you should also file an Affidavit of Inability to Pay Fees which states that you cannot afford the fee for service of your legal separation case. The filing fees will not be waived until the court has granted the motion for waiver of fees.
What to Expect for Attorney’s Fees
When seeking a legal separation in Oregon, or any divorce, lawyer fees vary significantly based on several factors. First, the basic rate for attorney fees will vary from lawyer to lawyer, and often times from firm to firm. Second, other attorneys might charge the same basic hourly rates, but bill differently. For example, one attorney might bill in 5 minute increments, while another might bill each quarter hour. Third, some attorneys handle cases differently, and you can expect different attorney fees based upon how you and your lawyer approach certain issues.
Fourth, cases have varying levels of complexity. A typical divorce, where all of the issues are fully settled in mediation, is likely to cost less than a case where all of the issues are argued out in court. Also, a typical case where the parties have a few assets, maybe some debts, and no kids, is likely to cost less than a case where you have multiple properties, significant debts, and you’re fighting over your kids.
Fifth, attorney fees are based upon the level of experience of the attorney. Most Oregon family law attorneys charge between $200/hour and $400/hour. A new lawyer will typically charge between $200 and $300/hour. After gaining some experience (3 years is typical), a family law attorney will typically charge between $300 and $350/hour. After gaining a lot of experience (6-10 years is typical), a family law attorney will typically charge between $350 and $400/hour.
The point is that the best way to prepare yourself for attorney fees is to find someone you like and trust, who seems to know what he or she is doing, and who you can afford. Then, be sure to completely understand how he or she bills, and what you can do to help keep costs down.
Limiting Separation Expenses
While separating can be expensive, there are ways to lessen the financial strain. Mediation is one common way to keep costs down while negotiating a separation in Oregon. Hiring a mediator is often less expensive than going to trial with a lawyer. When mediation is successful, it often moves along very quickly, so adds little cost. Mediation works best when both parties are willing to work together to reach an outcome that is mutually beneficial.
Another option to save money while separating from your spouse is to represent yourself in certain areas. There are a number of online resources to help you file required separation documents by yourself, and many lawyers will offer reduced-rate consultations (or even free consultations) to help you decide how to move forward on your separation. If you represent yourself in the filing of your separation paperwork , you can still retain an attorney to help you at any point in the process. Many people choose to go this route if their marriage was short-lived and there are no children or a complex financial situation. You should be careful about going it alone, though, if you have been married for a long period of time, have children and/or have significant assets. Taking over your legal separation by yourself could end up costing you more in the long run.
If you cannot afford to represent yourself on your separation, you may be eligible for legal aid. Legal aid organizations provide legal assistance to low-income residents and don’t charge by the hour for services. Below are a few legal aid options in and around the state of Oregon:
Oregon’s legal aid landscape is strong and protects many who can’t afford representation. For some families, the costs of legal separation may be significant; others may not have as much financial strain. Working with a mediation professional or legal aid organization can make things easier for everyone involved.
The Money Side of Legal Separation
Beyond the court fees associated with the formal separate maintenance action, each spouse has a vested interest in the resolution of the case as a whole. Any property obtained by either party during the marriage is classified as marital and, in the absence of a Prenuptial Agreement or other valid Waiver, classified as potentially subject to division by the terms of the Oregon law. As a general rule, all debts incurred during the marriage will also be classified as marital and subject to division as described above and controlled by ORS 107.105. The majority of clients I meet with are concerned about collection, support and parenting time, but the bifurcation of assets and debts is an important process to consider when preparing for and focused upon on achieving a favorable outcome in a separate maintenance case. Pursuant to ORS 107.104(1)(b) and based upon the assets and liabilities of the parties, either party can be awarded support in an appropriate amount. In a relatively high income case, the expiration of any spousal support order can be catastrophic to the payee unless there are sufficient assets to serve as a marital estate to draw from. I have made a practice of obtaining valuations of the marital estate assets where parties are in the middle of this "bifurcation" process, to stay ahead of the issue of division and provide some comfort to both parties and their counsel respectively.
Legal Separation Costs FAQ
How do I pay for my legal separation if I can’t afford to? Oregonians have several options when it comes to getting the legal help they need, even when money is tight. For instance, they may be able to enter into a payment plan, seek out limited-scope services or obtain help from a low-cost or pro bono legal aid service. Seeking help through a legal aid office could also result in a lower fee on the legal separation or the family law mediation itself. Finally, the cost of all or part of the legal separation might be covered by other resources, such as an employer association or religious organization.
In what locations can I get legal separation services? There are many places in Oregon that provide legal separation or divorce-related services . With this in mind, it’s best to find an experienced Oregon family law lawyer or a qualified alternate for your legal separation needs that is close to your home so that the commute is not a burden and you have the opportunity to meet with them as often as necessary.
How much should legal separation expenses be expected to take out of my income? As is true with the costs associated with other family law actions, legal separation fees will take different amounts out of different people’s incomes. The legal separation fee, like any other expense, should never seriously affect your ability to continue to support yourself and your family.