How Much Does It Cost To Get A Divorce In Oregon If Both Parties Agree

Let’s be real: divorce is never cheap, emotionally or financially. But if you and your soon-to-be-ex can agree on the big stuff, you can save a boatload of cash and a mountain of stress.

First, let’s break down what makes a divorce “agreed upon” in Oregon. An agreed upon divorce is called an “uncontested divorce” in legal speak. It basically means you and your partner see eye-to-eye on the following key issues:

• Property Division: Who gets the house, the cars, the retirement? Click here for a divorce checklist
• Spousal Support (Alimony): How much and how long? Click here to figure that out.
• Child Custody/Parenting Time and Child Support (If You Have Kids): Where will the kids live? Who gets to make the legal decisions for the gremlins? How will you handle their expenses? Click here for a Parenting Plan Guide. Click here to calculate child support.

If you’ve already hammered out these details (or are close), you’re in a good spot to minimize the financial impact of your divorce.

1. Attorneys

• Initial retainer: $5,000 (or more) per person
• Total cost: ~$20,000 per person ($40,000 total for both parties)
• Recommended for complex cases
• Click here to find a list of attorneys

2. Mediation

• Consider hiring an attorney-mediator with a flat fee package, which means NO retainer. 
• Total cost: $6,000-$20,000 total (typically split between parties). At Mediation Northwest, most couples with kids and spousal support can mediate for $11,000 total (or $5,500 each).
• Learn the difference between a divorce mediator and an attorney divorce-mediator.

3.  Limited Help and Free Help

• Attorney help to fill-out your forms: +/- $1,000. Click here to find a list of attorneys who will help you with your divorce forms. 
• Free divorce forms: Available through Oregon Judicial Department website. Click here for free forms. 
• Free parenting time mediation. Available through your local court. The only catch is that they will ONLY provide parenting time mediation. They will not handle any other aspect of the divorce. Click here for parenting time mediation.
• Free family law facilitators. Each county maintains a free family law facilitator at their courthouse. Click here to find your county’s family law facilitator. The only catch is the family law facilitators will not give you advice. They will strictly give you information.

Click here to understand the different ways to get a divorce in Oregon. 

1.  Court Filing Fees. 

• Petition filing: $301
• Process server: $50
• Response filing: $301
• Co-petitioner option: $301 total (saves $351!)

2.  Additional Common Costs.

• Retirement Costs. Some retirement accounts (i.e. 401K, 403B, not IRAs) require a specialized domestic relations order (called a D-R-O) to divide the retirement account. DRO for retirement accounts: $800-$1,000
• New deed for Home – county’s processing fee: $100
• Document Preparation or Filing at Court. If you are using a non-attorney-mediator, be prepared to pay upwards of $1,000 – $2,000 for either additional paperwork or to hire someone to file everything for you at court.

3. Unusual Costs (typically only in contested cases):

• Custody evaluations
• Business appraisals
• Forensic accounting
• Psychological evaluations 

Why does it cost so much to get a divorce in Oregon if everyone agrees? If the parties weren’t both in agreement, the costs would be extraordinarily higher. Even when you are in agreement, it takes time to properly identify every asset and every liability, it takes expertise to navigate the unanticipated consequences to each agreement that the parties have not considered, and it takes time to properly draft the agreement.

Although Step One to saving money in a divorce is to be in agreement, there are still many more ways to save money in a divorce. Keep reading.

While DIY divorce forms may seem cost-effective, for most it’s like performing surgery on yourself after watching a WebMD video – risky. With your entire net worth at stake, skipping professional help often costs far more in the long run than the initial savings – much like how most people wisely choose professional car maintenance over risky DIY repairs.

Here are a few examples of unintended consequences:

• House Mistake: Keeping the house in both parties’ names with the intention of selling the house at a later date.
  • Solution:  is to assign the house to a party, re-deed the house to that party, and when it sells then equity is that party’s equity. Then, we need to either equalize the other assets to make-up for the equity, refinance the mortgage to pull-out the other party’s equity, or create a balloon payment for the other party’s equity at a later date.
• Retirement Mistake: He keeps his and she keeps hers
  • Solution: A more equitable option is to look at all the retirement account values, understand the difference in value between his and hers, and then move money from one retirement account to another retirement account to equalize them. No penalties. No taxes. And, if you equalize from an IRA, you can avoid a DRO fee, too.
• Support Mistake: Assigning child support and spousal support in a group award (i.e. Pat pays Sam $1,000 per month for support). Notice that it doesn’t contain a division of what is child support and what is spousal support? It also doesn’t have a date when it ends or changes.
  • Solution: All support should have an amount, a beginning date, an end date, and any reason why that amount could change.
• Payment of Money Mistake: Indicating that one party will pay the other party a large sum of money without marking it as a Money Award.
  • Solution. Indicate who is paying whom, for what amount, the timeline or triggering event for payment, and if interest is involved. Then, secure that amount with a Money Award.

Attorneys and attorney-mediators know how to guide you through your divorce because it’s all they do every day. They know how to avoid the unintended consequences of well-meaning agreements.. Do you?

An attorney-mediator’s goal is to get you a divorce on YOUR terms, quickly and mindfully without unintended consequences and without breaking the bank.

An attorney-mediator does cost a little bit of money, but it doesn’t break the bank. It’s the middle-ground between getting a frozen meal that you cannot customize at all (i.e. forms) and a fancy up-tight restaurant (i.e. two attorneys). Using an attorney-mediator for a divorce is the perfect Goldilocks’ porridge.

Even if you aren’t hiring a professional, parties who are in agreement in their divorce will still experience some miscellaneous fees.

Here’s how you can set the stage for a drama-free divorce:

• Fully disclose all income, assets, and liabilities to your spouse. Click here for a Divorce Document Checklist. https://mediationnorthwest.com/divorce-separation-document-checklist/
• Decide on all major decisions such as property division, debts, spousal support, child custody, parenting time, and child support. 
• Hire a qualified attorney-mediator who can help both parties reach a mutually agreeable settlement without the need for court intervention. Click here to read the difference between an attorney-mediator and a non-attorney mediator. 

Once you have agreed on the terms, you can proceed with the divorce process. Here’s a simplified overview of different ways to get an uncontested divorce in Oregon:

1. File for Divorce: File the co-petition to the court to officially start the divorce process. By filing a co-petition, you avoid the service fees and the response fees.

2. Negotiate Terms. Either talk things through with your soon-to-be ex spouse or engage in mediation sessions to finalize the terms of your divorce agreement. 

3. Submit Final Documents: Once an agreement is reached, submit the general judgment of dissolution to the court which outlines all agreed terms.

When wondering, “How much does it cost to get a divorce in Oregon if both parties agree?”—now you know the answer. You can save money and still be protected from unintended consequences by using an attorney-mediator.

If you need to learn more about divorce, download my free book. Click here to download the pdf version or here to download the Kindle version.

If you need a professional’s help and want a divorce without drama, give us a call. We will handle your matter with fidelity and care.