Divorce lawyers typically charge either by the hour or case. Understanding these two options can help you choose one that best meets both your budget and legal needs.
Divorce costs tend to be higher in cases that involve litigation, and can include various expenses. Where possible, mediation may help minimize these costs.
Attorney’s Fees
Attorney fees are legal services provided by your divorce lawyer and typically come in the form of an hourly rate, meaning you pay per minute spent working on your case; whether it’s drafting documents, attending court hearings or communicating with you directly.
Your lawyer may also charge fees for services like reviewing or subpoenaing documents and hiring expert witnesses, the costs for which can vary based on the nature of your case.
Judges often rule that one spouse pay the other’s attorney fees in certain situations, such as when one parent or lower income spouse receives spousal support or child custody orders. You shouldn’t assume your attorney will ask the judge to order this in your case; judges have discretionary power to award counsel fees on an individual basis.
Document Preparation
No attorney is mandatory when filing for divorce; however, hiring one may help avoid mistakes when filling out paperwork, negotiate fair agreements with your spouse in mediation sessions, or fight your case in court more successfully. Most often the cost of consulting an experienced attorney will outweigh its benefits.
Along with attorneys, you may also require experts to review documents, attend depositions and testify in court – an expense which could quickly add up.
Some divorce attorneys offer flat fee services for uncontested divorces to help clients better budget their overall expenses and account for service, filing and other fees that vary based on location and complexity of cases.
Expert Witnesses
Expert witnesses are professionals with expert knowledge in their subject area who can assist the court by helping it understand complex issues and providing an impartial perspective to a case.
For example, if one spouse claims that their partner’s small business is worth more than it actually is, financial experts can evaluate it to establish its value. They also can assist with calculating cost-of-living considerations for children and spouses as well as determine eligibility and amounts of alimony payments.
Mental health professionals are frequently used to assess a spouse’s mental state and its effect on child custody issues. They can conduct an exhaustive evaluation before providing recommendations that prioritize the best interests of your child. Consulting an expert witness will add more weight to your testimony before the judge, increasing your chance of reaching an acceptable settlement agreement.
Depositions
Divorce attorneys usually require clients to pay an advance retainer fee as an upfront deposit covering part or all of their fees and expenses. Once this deposit has been collected, your attorney can draw from this pot of funds over time as needed for work on your case, deducting time spent working and any related costs from it.
Hourly billing can be an efficient and fair method of calculating fees in divorce cases if there is transparency, open communication and an understanding of the firm’s billing structure. You can keep costs under control by sending emails rather than calling your attorney; this saves both parties time and money! You may also cut expenses by doing some of the legwork yourself like gathering tax returns, bank statements and pay stubs yourself.
Trial
Divorces that proceed to trial can be very expensive. A contested divorce can cost upwards of $50k in legal fees, filing fees, psychologist consultation and home studies costs alone.
Divorcing can be expensive; if possible, costs will be minimized by finding common ground on all issues of divorce. Even when disagreements do arise, working calmly without resorting to extreme confrontation may help keep costs within reasonable bounds.
One way to reduce attorney fees is through unbundled legal services, such as charging a flat fee for reviewing papers or reduced rates for meetings and phone calls. You could also employ “limited scope” lawyers who only focus on certain parts of your case to bring down hourly costs. Finally, collaborative or mediation processes could also help settle disputes more cost effectively and bring costs down significantly.