Divorce is stressful enough without worrying about who pays the legal bills. One of the most common—and frustrating—questions people ask when facing a divorce in Oregon is: “Will I have to pay my spouse’s attorney fees as well as my own?”
When you open divorce papers and see a line demanding that you cover the other side’s legal fees, it’s natural to feel anxious or even outraged. But here’s the truth: just because your spouse requests attorney fees doesn’t mean the court will grant them. In this article, we’ll break down how attorney fee awards work in Oregon divorce and
family law cases, what factors courts consider, and how you can protect yourself financially during the process.
Who Pays Attorney Fees in an Oregon Divorce?
There’s a saying in family law: “The only people who win in divorce are the lawyers.” While that’s an exaggeration, it reflects a common concern about the high cost of legal battles.
In Oregon, each party in a divorce or custody case is generally responsible for paying their own attorney fees. However, the law does allow courts to order one spouse to pay some or all of the other spouse’s fees. That said, fee awards in Oregon divorce cases are the exception, not the rule.
Why Courts Rarely Award Attorney Fees in Divorce
In most civil lawsuits, there’s a clear “winner” and “loser.” The losing party may be ordered to pay the winner’s legal fees as a way of discouraging frivolous claims. But divorce is different. Family law cases aren’t supposed to be about winners and losers. Instead, Oregon courts focus on fairness, cooperation, and the best interests of the children when applicable.
Attorney fee awards are typically considered when one party:
Acts unreasonably – dragging out the process without good cause.
Files frivolous motions – wasting court time and resources.
Refuses to negotiate – making settlement discussions impossible.
Fails to act in good faith – deliberately increasing costs for the other spouse.
If the court determines that one side’s behavior was unnecessarily combative or obstructive, it may order that party to cover some or all of the other side’s legal fees.
What the Law Says About Attorney Fee Awards in Oregon
Oregon law gives judges broad discretion to award attorney fees in divorce and custody cases. The key considerations usually include:
Good Faith – Did both parties make a genuine effort to resolve disputes?
Reasonableness – Were the legal positions taken fair and legally sound?
Diligence – Did both spouses cooperate in moving the case forward?
Courts are much more likely to award fees against a spouse who refuses to follow these principles. For example, if one party continually ignores deadlines or files motions just to increase the other’s costs, the judge may require them to pay.
How to Protect Yourself From Paying the Other Side’s Attorney Fees
The possibility of paying your spouse’s legal fees can feel intimidating, but there are ways to protect yourself:
Stay reasonable: Work toward compromise where possible, especially in issues
like child custody or property division.
Avoid unnecessary conflict: Don’t escalate disputes just for the sake of
fighting.
Document your efforts: Keep records of communications that show you’ve
acted in good faith.
Work with an experienced Oregon divorce attorney: A skilled lawyer will
guide you through the process and help you avoid mistakes that could make you
vulnerable to fee awards.
By approaching your case with preparation and practicality, you can reduce both conflict and costs.
While Oregon law allows for attorney fee awards in divorce and family law cases, they are not common. Courts generally want both parties to pay their own legal expenses—unless one spouse behaves unreasonably or in bad faith. The best way to protect yourself from paying extra costs is to stay cooperative, practical, and focused on resolving disputes efficiently.
If you are facing divorce or a custody dispute, working with an experienced Oregon divorce attorney can make all the difference. Not only can your lawyer help you protect your rights, but they can also guide you in avoiding unnecessary conflicts that could drive up costs.
