If you're considering divorce, one of your concerns is bound to be the cost of the divorce proceedings. Lawyers can't afford to work pro bono, so depending on how complex your case is, you may be forced to pay a great deal. The fees involved in divorce will vary greatly depending on individual factors involved in each individual case.
Common factors that play into the overall cost of a divorce case include:
- Asset distribution
- Personal property awards
- Bank accounts, investment, retirement, and savings distribution
- Allocating debts
- Child custody, visitation, and support
- Alimony
Uncontested Divorce
The simplest divorce involves no children and an agreement on how a couple's assets are going to be distributed. The lawyer drafts a dissolution agreement that details how you and your spouse want to divide assets. The agreement is presented to the court, and as long as it's reasonable, a judge will usually sign off on the paperwork.
If you have children, expect to pay your divorce lawyer more. He or she will have to draft a parenting plan and child support worksheet to accompany the divorce agreement. Again, as long as you and your spouse are in agreement, the fees will remain relatively low. Uncontested divorces are going to have the lowest overall cost.
Contested Divorces
Contested divorces in which spouses disagree on certain issues are much more expensive. A majority of these cases can settle outside of court through a lawyer or third-party mediation process. A mediator is a separate expense from that of your attorney, but working with a mediator for your divorce can save you some money in legal fees. Any negotiations with a mediator, out of court, take the place of a lengthy court battle in front of a judge with all lawyers in tow.
If your case goes all the way to trial, the costs can be astronomical. In addition to the cost of your lawyer, you could incur extra expenses associated with:
- Court Fees
- Court Reporters
- Subpoenas
- Depositions
- Documentation
- Psychologists or other forensic experts
- Custody evaluations
- Children's attorney or guardian ad litem
Flat Fee
Some attorneys work on a flat-fee basis, charging a set price for representing you. There is usually a limit to the amount of work they will do on a particular case. You will likely be asked to sign an agreement that specifies the scope of work to be completed. Anything additional costs extra.
Retainer Plus Hourly
Most divorce lawyers charge for their services on an hourly basis. You are usually required to give them a hefty upfront retainer, which is deposited into a client account. The attorney bills the account for the hours spent working on your case until the funds are depleted. At this point, you will usually start receiving monthly bills. Depending on where you live, the average rate is between $200 - $800 per hour.
