If you and your spouse are getting a divorce, then you’re probably wondering how much will the entire procedure cost. But there’s more to that question than simple math. Suppose a particular attorney quotes you one price for your divorce. Then, midway through your case, they might need to do something unexpected like representing you in additional court hearings or drawing up a legal document, which may take another chunk out of your wallet.
To make things easier for you, in this brief article, we’ll break down the entire divorcing procedure based on real examples, so you may know what to expect money-wise when going through a divorce.
What Makes Divorces Expensive?
Before we examine who pays lawyer fees in a divorce, it is crucial to understand these fees and how they are calculated. The most significant cost differences, however, are determined by the answers to these three following questions:
Will You Retain the Services of a Lawyer?
The lawyer’s fee is usually the most expensive part of a divorce for most people. So, if you’re looking to save money, your first instinct might be to forego hiring an attorney and handle the divorce yourself. The decision between a do-it-yourself divorce and hiring a lawyer will be influenced by your circumstances, mainly the answers to the following:
Do You And Your Spouse Have Children Or A Complicated Financial Situation?
Divorces can become more complicated–and costly–when issues such as child custody, child support, alimony, and how to divide property (including real estate, businesses, and retirement plans) and debts are involved.
Can You And Your Ex-Spouse Reach An Agreement On The Issues In Your Divorce?
You can save a ton of money if the topics in your case are simple—and if the soon-to-be ex-spouses can reach an agreement on those issues fairly easily. When divorcing spouses reach an agreement, lawyers may not be required. And, if you do hire an attorney, the fee will be primarily determined by the number of contested matters in your lawsuit and whether or not you must go to trial to resolve those issues.
What To Expect From A Divorce Attorney’s Fees
When looking into hiring a divorce lawyer, the first price tag you’re likely to come across is the attorney’s hourly rate. In a national survey of people who were asked about the costs of their divorce, the average hourly rate they paid their attorneys was $270. However, a separate study about the hourly rates charged by family law attorneys across the country revealed that typical rates range from around $200 to more than $300 per hour.
What really matters is how much you’re going to pay at the end of all this. The number of hours your divorce lawyer will need to spend on your case is determined by several factors, including the complexity of your case and your ability to reach an agreement with your spouse on the issues.
Hiring A Full-Scope Lawyer
According to yet another survey, the vast majority of readers who hired divorce lawyers had the attorneys handle the entirety of their case—a practice known as “full-scope” representation. The total attorneys’ fees paid by those readers averaged $11,300. (not taking into account what their spouses paid for their lawyers). The average amount was $7,000 (half of the readers paid less than that, and half paid more).
Other Divorce Expenses
Besides lawyers, you will have to pay some basic court fees, whether you have a lawyer or not, and you may have to pay additional fees for mediation. However, because people who hire lawyers are more likely to have complex cases, they are also more likely to incur additional costs, such as:
- Appraisals of real estate (for instance, when one spouse wants to keep the family home)
- Experts in taxation (for advice on the tax consequences of agreements on issues like property division and alimony)
- Experts in “QDRO” (for preparing orders to divide retirement accounts)
- Evaluations of child custody (covered above)
- Vocational assessment (which are frequently required when alimony is sought), and
- Experts in forensic accounting (to find assets that a spouse might be hiding)
Final Thoughts
There’s no such thing as a “bargain lawyer” or “inexpensive divorce.” There is, however, the prospect of avoiding a long, costly divorce by getting in touch with a professional early on. Don’t underestimate the importance of this step. This is not a decision you should take lightly and should be done with the professional guidance of a divorce attorney to make sure you are making the right decision for yourself and your family.
