Divorce Lawyers in Oregon

Our legal system is complicated, so most lawyers specialize in different types of law. If you're looking for a lawyer to help you get a divorce, look for a "family law lawyer" or a "divorce lawyer" to handle your case.    

This article will answer commonly asked questions about hiring a divorce lawyer, including:  

• Do you need a lawyer to get a divorce?  
• How much do divorce lawyers cost?  
• How do you find a good lawyer? 

Do I need a lawyer to get a divorce?    

Not always. 

If you have a "simple divorce," you can get divorced on your own using Oregon's free court forms and a little help from a family law facilitator. A family law facilitator is a court employee who helps people find and fill out court forms and helps them understand the steps in a divorce case. 

If any of these statements apply to you or your situation, you don't have a simple divorce and should talk to a lawyer:   

• You're afraid of your spouse;   
• You or your spouse have retirement accounts, own a home, have a lot of debt, or have a lot of titled property (cars, boats, trailers, etc);   
• Your spouse lives in another state;   
• You're involved in other legal matters (like bankruptcy, child welfare, or a guardianship case); or   
• You need to file for divorce immediately but don't meet the residency requirements for starting a divorce in Oregon.      

If you're afraid of your spouse, visit this page for information on leaving an unsafe or unhealthy relationship.  

How much do divorce lawyers cost?    

Predicting the total amount you'll spend on a divorce lawyer is difficult. It depends on the level of conflict between you and your spouse and the complexity of your case.    

Most divorce lawyers charge by the hour. According to a recent Oregon report, the average hourly rate for a divorce lawyer is $300. So, if you have a contested divorce and your lawyer bills 100 hours, you'll be looking at $30,000 in legal fees.   

Do divorce lawyers take payments?   

Yes, most divorce lawyers take payments.

• Retainer payment. Most divorce lawyers will ask you to pay a retainer before they start working on your case. Your lawyer must put this money in a special bank account called a "lawyer trust account." The money doesn't belong to your lawyer until they do work for you and bill you for that work. After they bill you, they can automatically deduct money from the the trust account to pay themselves. Retainer payments can vary from $2,000 to $10,000, depending on the lawyer, the complexity of your case, and the work they've agreed to do for you. 
• Monthly payments. Many lawyers will also expect you to make monthly payments into their trust account to keep up with the work they're doing in your case. The monthly payment will vary from lawyer to lawyer.
• Replenishment payments. If your lawyer is doing a lot of work for you, and they've used up your retainer or your monthly payments aren't keeping up with their work, they may ask you for more money. This is often called a "replenishment" payment.
• Post-divorce payments. If you still owe money after your case is done, your lawyer will likely expect you to make payments until you pay off your bill.    

If you can't keep paying your lawyer, your lawyer may stop representing you. If that happens, they have to warn you before they stop. They can't leave you in a bad situation.

How do I find a lawyer?    

Here are some options for finding a divorce lawyer in Oregon:   

• Ask for recommendations from your friends and family who've been through a divorce or custody case.    
• Call Oregon's Lawyer Referral Service to get a free referral.   
• Use the internet to search for "divorce attorneys near me." 

Tips for choosing a good lawyer

• Meet with at least two attorneys before you hire one.    
• Schedule an initial consultation to discuss the lawyer's fees and expectations. During this first meeting, make sure you understand:    
  • The attorney's recommendations for your case 
  • How the attorney will bill you for their work 
  • An estimate of the total legal fees you might expect to pay  
  • The attorney's expectations for you as a client
• Use the Oregon State Bar Lawyer Directory to check that your attorney is licensed and has no disciplinary history.    
• Look up attorneys or their law firm online and read reviews. 

What if I can't afford a divorce lawyer?   

Some lawyers or law firms in Oregon offer free or reduced fees to low-income people. Unfortunately, there aren't many, and most of these lawyers or firms are very busy.

You can use the Oregon Law Help legal directory to see if there are options for free or reduced-cost family law lawyers in your area.   

If you can't afford to hire a lawyer at all, here are some other options:    

• Use Oregon's free court forms to represent yourself   
• Get help with your forms from a family law facilitator
• Consider mediation or having an informal trial to resolve your case

Takeaways 

• Getting a divorce in Oregon can be simple or complicated, depending on your situation.  
• You might not need a lawyer if your divorce is straightforward. But, it's good to talk to one if things are more complex, like if you have a lot of property or are worried about your safety.  
• Divorce lawyers can be expensive, but there are ways to manage the costs or find help if you can't afford one.  
• Remember to look around and talk to different lawyers to find the best one for you. Understanding how lawyers charge can help you save money in the long run. 
• If you can't afford a lawyer, use Oregon's free court forms and your local court's family law facilitator services. You can also use the Legal Directory on this site to see if there are any free or low-cost family law lawyers or law firms in your area.