HOW MUCH WILL THE
DIVORCE COST
It is difficult to determine how much
a divorce will cost. However, after reviewing the likely
issues, your method for resolving those issues, and
hearing your philosophy of the case, a lawyer may be
able to give you a range of expected expenses.
Controlling the expenses in a divorce, however, is no
easy task. Many of the factors contributing to legal
costs are outside of your lawyers control. The
personality and philosophy of the your spouse’s attorney
can affect the ultimate path that your divorce takes.
Additionally, the ability of the parties to cooperate
and communicate may also have a significant impact.
WRITTEN RETAINER AGREEMENTS
Your attorney is required to provide
you with a written retainer agreement identifying the
costs and hourly fees that will apply to your case. It
is important that you read this document carefully and
ask questions regarding any unclear issues. Signing a
retainer agreement does not mean that you cannot fire
your lawyer or that your lawyer cannot withdraw from the
case. You may change lawyers at any time. The retainer
agreement, however, will memorialize the terms of your
billing relationship with the attorney. Once you have
signed the retainer agreement, it is a legally binding
and enforceable contract. Always keep a copy of your
retainer agreement for later reference.
FLAT FEES
Fees charged by lawyers can vary from
state to state and county to county. You may find a
lawyer who charges a fixed flat fee for motions after a
divorce or for uncontested proceedings where the parties
have reached an agreement. In such instances, the amount
of work which must be performed by the lawyer can be
easily determined. This is a favorable payment method
since you will know at the outset the total cost of the
proceeding which will allow you to budget accordingly.
HOURLY FEES
In most contested cases, you will find
that lawyers will bill out their time at an hourly rate.
Although rates vary, you may expect your lawyer to bill
out services at an hourly rate between $75 and $250 per
hour. Reduced hourly rates may apply to services that
are performed by associate attorneys, paralegals, law
clerks or legal assistants in your attorney’s office.
Hourly rates are influenced by your attorney’s legal
experience, reputation and the demand for his/her
services.
MINIMUM FEES
Lawyers may also charge minimum fees
for specific services that are billed out as part of the
divorce proceeding. For example, drafting a Motion or a
Petitioner may be billed out at a flat rate of $200. You
should discuss with your lawyer any minimum fees that
may be applicable to your case.
MINIMUM BILLING INCREMENTS
Your lawyer may also bill out services
based on a minimum billing increment. For example, your
lawyer may bill out his or her time in twelve minute
increments or two tenths of an hour. That means for any
service no matter how short, the lawyers time is rounded
up to the nearest twelve minute increment.
COSTS
In addition to your legal fees, you
may be required to pay any costs that are incurred by
your lawyer that are associated with your case. Costs
may included charges for any filing fees, copies,
mileage, faxing, service of papers, postage and parking.
It is important for you to review and understand the
costs that you are likely to incur.
EXPERTS
You may also be required to cover any
costs related to necessary experts. Experts may be used
to provide medical testimony or appraisals of real
estate, business assets or personal property.
Independent custody evaluators may be hired to perform a
custody study or vocational experts may be necessary to
determine what financial support is necessary. The need
for experts depends greatly on the issues of your case.
You should consult with your lawyer regarding the
potential need for experts in your case and an estimate
of the costs.
RETAINERS
Your attorney may request a "retainer
fee". This is an advance payment against which any
hourly fees and/or costs are assessed. The retainer is a
form of security deposit to ensure payment of future
legal fees.
PAYMENT ARRANGEMENTS
Most lawyers will require you to
remain current on your legal fees. The reason for this,
is that each month the lawyer must pay offices expenses
related to rent, payroll, advertising and other
overhead. Some attorneys may even require a new retainer
when the original retainer is exhausted. If you are
unable to remain current, you do have options that can
be discussed with your lawyer.
Security for Fees
You may secure your legal fees by
providing a lien against a marital or non-marital asset.
Be sure to review any agreements related to security
interests carefully. Moreover, if a security interests
relates to real estate, it is necessary for your
attorney to inform you that you have the right to have
the agreement reviewed by separate counsel.
Wage Assignment
You may also suggest to your attorney
a wage assignment which ensures a consistent monthly
payment toward your legal fees.
Credit Cards
Most law offices will accept credit
card payments.
