Legal Question in Family Law in Oregon

Divorce

I have been fighting a divorce for 1 1/2 years. I feel my lawyer is dragging out the process to charge me more. We have gone to court and agreed on the terms of the divorce, 6 months ago. At that time, my lawyer did not ask for my ex to pay the attorney and court costs. He said we would do that after all the paperwork is finished. Isn't it all typically done together? I also had a restraining order against my ex. The same lawyer represented me for that court hearing and asked for court costs to be awarded at the same time of the hearing. I am just wondering if he is gouging me. I really cannot afford to pay him more then I already have (over $7000!)


Asked on 1/19/08, 11:16 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Divorce

Under Oregon rules of civil procedure, the court's determination as to entitlement and amount of an award of attorney fees in a divorce case is a "post-judgment" matter, handled by a separate proceeding that is done AFTER the General Judgment of Dissolution of Marriage has been signed by the judge and entered into the court's registry. (Has that yet happened in your case?)

As for attorney fees for the restraining order proceeding, that all depends on what kinda of restraining order it was and whether it was part of the divorce proceeding itself or a separate proceeding that was consolidated with the divorce proceeding for court hearing purposes.

LDG

Read more
Answered on 1/20/08, 12:10 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon