Cost of a Divorce & Family Attorney
When couples start thinking about divorce, one of the first questions they ask is: How much will it cost?
Here are some answers to common questions regarding the cost of a divorce and family attorney.
How Much Does the Average Divorce Cost?
Different factors determine whether the cost of an attorney will be affordable or astronomical. Because the cost of divorce lawyers varies so greatly, there’s no one way to determine how much it will cost without first speaking with the attorney about their specific rates.
The total cost of your divorce will depend on numerous factors, such as:
- Where you live
- Whom you hire
- Whether your spouse is combative or collegial
- How many issues you’ll need to resolve
- How long the case will take
- Where you’re getting divorced
- Whether you’re using a lawyer for your entire divorce or only part of it
- Whether you have children
- Whether you’re doing it yourself or online
- Whether you’re using mediation or collaborative divorce
- Whether you agree with your spouse about major issues
- Whether you need to go to trial
Depending on your unique situation—being whether some of these issues need to be addressed or not—the overall cost of your divorce can greatly increase or decrease. For example, cost can increase if you have children because custody, visitation, and child support are additional issues you will need to resolve.
What Does Divorce Cost If Both Parties Agree?
If it’s an uncontested divorce, meaning both parties agree on all major issues, you can keep the costs relatively low. If you file your own divorce papers, each state has their own filing fees which can increase the cost. You must pay the state filing fee, unless you obtain a waiver based on your income.
How Much Does a Divorce Cost With a Lawyer?
Divorce lawyers often charge by the hour, but fees actually depend on where you live. However, you can substantially reduce costs, even if you do use a lawyer, if you use the lawyer for only part of your case. This is also known as limited scope representation.
Limited scope presentation allows you to decide what part of the divorce you want your lawyer to handle. For example, if you choose to use a lawyer for reviewing documents, the cost can decrease drastically.
If you choose to go with this option, it’s important to remember that lawyers typically charge for the following:
- Phone calls
- Writing and reviewing emails and text messages
- Preparing for court
- Preparing for depositions and discovery
- Preparing and reviewing papers
- Legal research
Ultimately, you and your attorney must come up with an agreement on what will be charged with this form of representation. For instance, you can agree to pay for preparing and reviewing papers, but not for phone calls and emails.
Which Is Better: Getting Billed Hourly or at a Fixed Rate?
Attorney fees range widely, and they can bill you either an hourly or at a fixed rate. This is completely dependent on your case and your attorney. Some attorneys charge hourly while others charge fixed rates per case. Generally, fees can range between $80-$300 hourly or between $500-$5,000 per case.
How Much Is a Divorce Without a Lawyer?
One way to save money on your divorce is by doing it yourself. If you file on your behalf and you have an uncontested divorce, you and your spouse can create your own divorce agreement. These costs will include things like filing fees and serving the papers. If you can get a divorce packet from your court or from your state’s website, the papers are usually free.
How Much Does a Divorce Cost by Using Mediation or Collaborative Divorce?
If you go to mediation, the average cost of divorce is much less than if you go to trial. Mediation can still be expensive though, depending on how involved it is.
Collaborative divorce is cheaper than going to trail, and it requires that each party obtains an attorney. During a collaborative divorce, you, your spouse, and your attorneys will have several meetings in an attempt to settle.
How Much Does a Legal Separation Cost?
In many cases, a legal separation can be just as expensive as a divorce. If you and your spouse are considering a legal separation, discuss with your lawyer what exactly this entails before making any final decisions.
At Rieger & Fried LLP, our goal is to provide every client with quality representation while helping them gain an understanding of the legal process. We have a proven track record of success in obtaining the best results for our clients. Our experienced team of attorneys understands the challenges that unexpected situations can bring. We will listen carefully to your circumstances, advise you of your legal rights and options, and pursue a positive outcome.
Schedule a free consultation with us today by filling out this form.