CO$T$ OF DIVORCE
FLAT FEE ARRANGEMENTS
HOURLY RATES
RETAINER - what is it?
Other Costs
Costs of obtaining a divorce vary greatly, depending
upon numerous factors, including but not limited to: complexity of the case,
various marital issues (care, custody, support, visitation, division of assets,
debts, etc.), location of the parties and/or their respective attorneys (large
city lawyers generally tend to charge more per hour), the attorney's basic
hourly rate (which is usually geared to the lawyer's office overhead and
experience), etc., etc. Overall, however, one might consider comparing the
costs of getting married (wedding costs) to divorce costs and discover that, to
most people’s surprise, divorce generally is less expensive -- but most
often has far more significant financial implications in the long run. The more experienced an attorney, the
higher the legal fee. The old
adage, "You get what you pay for!" does ring fairly true in divorce
actions, except for the very, very simple divorces (short-term marriage, no
children and no real estate).
It is true that you might be able to process
your own divorce action, from start to finish, without the assistance of an
attorney (and save a bundle of money), however this is NOT recommended. Divorce
actions are fraught with pitfalls, some with lasting effects, and the
procedures may be confusing and overwhelming to most people. You wouldn't take
a Sunday stroll by yourself through a minefield -- so why jump into a divorce
action unprotected?
Flat
Fee Arrangements: Many law offices
offer discounted, flat fee arrangements for basic,
simple divorce actions. These charges can vary from as low as a few hundred
dollars (plus costs) on up. In fact, some law offices concentrate on simple,
inexpensive divorces, and advertise low cost, discount divorce representation.
Keep in mind, however, those offices probably depend
upon volume -- quick handling of more cases for less money. [Fast food vs. Restaurant Dining]. For some people, this may
be the only way to go. However, a "divorce mill" may not suit your
needs. You should consider: will my case get the same care and attention as it
should? Will I be dealing with my lawyer or mostly with his/her staff? Will I
meet my lawyer for the first time -- in Court? Will my lawyer really know me
and my concerns?
Flat fee arrangements run from a low,
cut-rate fee of about $500.00 + to a high of $2,500.00, depending on the
factors noted above, with the average being about $750.00 to $1,500.00. Beware of inexpensive, foreign
divorces, however - frequently seen advertised in newspapers. You may find that
such a divorce is not recognized in
In your initial interview with an attorney --
be certain to discuss fee options. You may discover that, although he/she
generally charges an hourly rate plus costs, your case might be suitable for a
flat fee arrangement. If your attorney quotes an hourly rate, but indicates
that your case might be initiated on a flat fee basis -- be aware that, should
things get out of control or not proceed as smoothly as you and your lawyer
anticipated, your case might be required to convert to an hourly arrangement. Discuss
this possibility with your attorney. Also, keep in mind that you and your
lawyer do not have complete control of how the case will proceed. There is
always the possibility that your spouse may hire an attorney who will cause
your costs to escalate. This will
certainly drive the "flat fee arrangement" into an "hourly
rate" basis. Whichever fee arrangement you have with your attorney -- get
it in writing.
Hourly
Rate Arrangements: Again, hourly
rates for attorneys vary greatly. Often the larger law firms or attorneys
located in larger cities charge more per hour than smaller or more rural
offices. More experienced attorneys usually always charge higher per hourly
rates than newer attorneys, and rightfully so. Hourly rates may vary from a low
of $75.00 (almost unheard of) to $250.00 and higher. Be certain that your
hourly fee arrangement is in writing and that you be
provided with periodic billing statements.
Retainer: A retainer is a lump-sum payment made to your
attorney at the time you hire him or her. This money is held in the attorney's
Trust Account (not his or her office or personal account) and it belongs to you
at the time it is paid and continues to belong to you during the course of the
divorce action. However, the attorney's fee agreement will permit him or her to
bill against this fund for his or her legal fees and for out-of-pocket
expenses, including filing fees and Sheriff's or Constable fees,
making periodic deductions from your funds. If there are any funds remaining at
the end of your case or at the time of termination of the attorney's services,
the funds remaining in your retainer account must be refunded to you. Retainer
requirements may vary from a low of $500.00 to a high of approximately
$5,000.00 or more, with the average being about $2,500.00. (Naturally, some very
high priced attorneys may require significantly more.) The next question is, of
course -- what happens if the initial retainer funds are insufficient because
the attorney's legal fees and costs have used it up? You may be required to replenish
the retainer funds with a similar amount.
In particularly, lengthy or time consuming cases may require you to replenish
the retainer account several times. A few offices will not require you to
completely replenish the retainer funds, especially if your case is drawing to
a close, but will allow you to pay subsequent monthly statements reflecting
activity and disbursements during the preceding month(s). In any event, your
written fee agreement with the attorney should define which method for
additional payments will be required and should always require that the
attorney obtain your permission before paying for any out-of-pocket expense
(not including legal fees) in excess of $250.00.
Other
Costs: The basic Filing Fee required
in all divorce cases (except those meeting poverty thresholds) is currently $215.00. Occasionally, the Court may waive the filing
fee if the filing party is at or below certain poverty thresholds. The filing
fee is always in addition to the legal fees charged by the attorney.
In addition, if the services
of a Deputy Sheriff or Constable is required to serve the other party
with a Summons and a copy of the Complaint, you can expect to pay an additional
$25.00 to $75.00 or more, depending upon where the other party is located. Serving the other party with a Summons
and copy of the Complaint is required to show the court that the other party is
aware they are being “sued” for divorce. For divorce actions, this service is
required to be made “in-hand,” or by publication (if the other
party disappeared).
Other costs might include:
Publication Costs - where notices must be
made through publication in a local newspaper (a rare circumstance);
Deposition Costs - where a deposition is used
in the discovery process; these can run into several hundreds of dollars - keep
in mind that you are paying your attorney his or her hourly rate in preparation
for and during the deposition, you are paying the court stenographer, and will
pay for a copy of the written transcript;
a deposition is where one attorney requires the opposing party to appear
(usually at the lawyer’s office) for questioning, under oath and in the
presence of a court-authorized stenographer. The purpose is usually to gather
information which is not readily available and/or to get the opposing party to
admit certain facts or commit themselves to certain testimony, all of which may
be used against that party during the divorce trial.
GAL (Guardian Ad Litem)
fees – a GAL is a person appointed by the Court to investigate family
circumstances and report and make recommendations to the Court; often the guardian
is appointed to represent the interests of children; and often the Court will
require the parties to share the costs.
Investigator Fees - where the Court appoints
an independent investigator; to serve as the eyes and ears of the Court in
investigating domestic situations; and
Subpoena Fees - again, paying a Deputy Sheriff
or Constable to serve a Subpoena (similar to a Summons) on a third-party. This is usually required to have someone,
who is not a party in the case, to come to court and testify or to bring
certain records to court during a trial.
For example, a subpoena might be served on the opposing party’s
employer – requiring the employer to bring the payroll records to court
and/or to testify at trial.
Additionally, most offices will charge for
photocopies and postage and mailing.
In the average, simple divorce, one should
expect to spend at least $215.00 as a filing fee and $25-$75 in Sheriff's/Constable's
fees.