Divorce can be an expensive undertaking, and couples aren’t always capable of managing it on their own. Even if you opt to represent themselves or hire an in-house lawyer with limited scope services, there will still be costs associated with filing for divorce.
Long legal proceedings often entail high attorney fees; our 2019 survey revealed that those going to trial on contentious issues saw their expenses increase by an average of $23,000. So how much does a divorce lawyer cost?
Retainer Fees
Retainers are deposits made to lawyers to cover initial legal work and costs in cases. Their exact amount will depend on both their hourly rate and what is expected in your case.
Your retainer will be held in trust until your attorney completes billable hours and incurs expenses related to your case, when funds will be drawn off the retainer in accordance with how much it costs – this allows you to track how much your case is costing and avoid unexpected surprises.
Fees associated with divorce proceedings include filing fees, process server fees, photocopying and mailing expenses, expert witness or consultant fees and travel expenses to court appearances or trials. While additional expenses can quickly add up during a divorce proceedings, many of them can be avoided with successful mediation or settlement agreement negotiations.
Fees for Consultation
Divorce can be costly, particularly if spouses disagree about key issues like custody, property division and alimony. But it is possible to get divorced for much less if both parties can agree on key points and settle their differences outside of court.
Some divorce cases involve expert witnesses, forensic accountants or appraisers; there may also be court costs related to filing or serving documents or papers; and should the divorce go to trial there will likely be additional legal expenses such as court transcripts and litigation-related costs.
If you don’t have the budget for full-scope representation, one way to reduce legal costs may be hiring an attorney for specific services on an a la carte basis – known as limited scope representation. Some lawyers offer this service at an hourly rate while some offer it at a flat fee rate.
Fees for Document Preparation
Attorney fees may differ depending on the complexity of a divorce case; using an online service to help prepare divorce papers could reduce these costs significantly.
Your filing fees depend on your state and county of residence; these could include initial filing costs, notice costs to serve both spouses with notice of the divorce proceedings and filing additional motions or documents.
Custody and visitation battles can dramatically increase the cost of divorce. When parents can’t agree on an arrangement for child custody or visitation rights, a judge may order an evaluation – these fees could reach as much as $1,000 per parent if private evaluators are hired; court-sponsored programs often offer substantially cheaper solutions. Our 2019 survey revealed that readers who hired full-scope lawyers paid more in expenses overall compared to those handling their own cases.
Fees for Negotiation
Divorce costs can quickly escalate when drawn-out custody and visitation battles take place, particularly those which result in court orders for independent evaluations to determine custody and visitation arrangements. They also necessitate lawyer time spent fielding emails, texts and phone calls regarding these disputes.
Complex issues related to property division and alimony often drive up divorce costs significantly. Unreconcilable differences over these topics often take time and may require mediation or even litigation in order to be settled.
There are ways to minimize divorce fees. One strategy is negotiating settlements on as many contested issues with your partner as possible; or hire an unbundled attorney who provides limited legal services at a much more reasonable price than traditional full-scope family lawyers.
Fees for Trial
Divorces can involve long and intricate court proceedings that often include the testimony of witnesses, expert witnesses, and investigative work. Furthermore, long-running custody disputes could require the judge to order an independent evaluation that can cost several thousand dollars depending on which parent decides to hire their own independent evaluator.
Divorce can be costly, with more complex “contested” divorces costing considerably more than their uncontested counterparts. You can lower overall expenses associated with your separation by opting for mediation or collaborative divorce and hiring an attorney who offers limited scope representation services.