How Much Will This Divorce Cost Me?
We have the responsibility to tell every potential client that we “aren't sure.” Now...how's that for building credibility with someone who wants to entrust their life with you for a bit?
The truth is that we really don't know how much a divorce is going to cost in the end. An attorney who tells you they do probably isn't being up front with you. A host of issues beyond our control play a part in every case. Much depends on what county your case is filed in, what the mindset of the opposing attorney is, who the judge is in your case and what issues are contested.
Divorce cases tend to fall into one of two categories: contested and uncontested. Most contested cases become an uncontested case at some point.
Cases that are uncontested from the start are handled by our firm for a flat fee. We charge a flat rate of $1,750 for uncontested cases without children and $2,250 for uncontested cases with children. There is a slight difference because cases with children involve more drafting and a court appearance. These quoted fees cover all aspects of your case: phone calls, meetings, negotiation, drafting, revisions and court appearances. In addition, we pay the court filing fee of $332 from the retainer paid to the firm. Usually another lawyer is not involved.
Contested cases are much more difficult to value. Your case has a 95% probability of settling before trial. The overall costs associated with the case depend greatly on the point in time your case is resolved. With contested cases, we require an initial retainer paid to the firm which is then placed into our client trust account. We draw on that money as we perform work on the file. The retainer is refundable, meaning if money remains following the conclusion of your case it is returned to you. On the other hand, if we use up the initial retainer and your case has yet to conclude, we require you to replenish the trust account in an amount equal to anticipated work on the file in the near future.
To offer a few examples, we have had contested cases settle after just one month of negotiation and the involvement of a couple of experts. The total fees in that case were approximately $3,500.00 per side. On the other hand, we have had cases that were tried 18 months after they were filed with the District Court. Trial lasted about a week. Issues including domestic abuse, child custody and parental alienation were involved. Numerous experts were retained. The fees and costs in that complex, disputed case totaled over $35,000.
We take a commonsense approach to family cases. The $35,000 trial-destined to actions make up very small share of the cases we handle. The vast majority cost far less, as long as the parties are willing to be reasonable and flexible when it comes time to make the tough decisions. While we can't answer the ultimate question of how much your case will cost (unless it is uncontested) we hope the foregoing information provides some sort of guidance for you as you prepare to budget for your divorce.
