Minneapolis Divorce Attorney & Lawyer : Minnesota Family Law Firm : Brown Law Offices : St. Paul, Twin Cities MN Custody Child Support

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.

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Every person going through divorce will face one fundamental decision time and again: Do I compromise or do I stand firm in my position? Certainly there are times for both. As often as possible, however, we recommend taking the high road and giving a little of yourself for the greater good of your family. This may not seem like good advice coming from a divorce lawyer. After all, isn’t it our job to stand and fight to the bitter end with sharp claws and gnashing teeth (have you seen those silly attorney yellow pages ads yet...the ones with growling grizzly bears and wolves featured prominantly)? Each case requires a little different approach.

At this point in time, compromising probably doesn't seem like the best thing to do for yourself. Nor is it the best for your lawyer's pocketbook. But, a lawyer who truly has your interests in mind will attempt to position your case for settlement and speak with you about how to approach a case in a sensible manner rather than unnecessarily drive up the costs of your case through contentious litigation. We often say that any fool (referencing the attorney) can turn a $3,000 case into a $30,000 case. Aggressive lawyering typically yields greater fees and much of the time it simply isn't necessary. 

Unfortunately, in some cases we can do nothing but litigate. We've been there many times and enjoy trying cases. This entry is not intended for parties who have been victims of severe domestic violence or whose children are in danger while in the care of their other parent. In those situations, and others, we must take a very aggressive approach. However, the vast majority of cases do not involve such situations and can be resolved much less expensively (in terms of dollars, time and emotions) in a manner that is consistent with what the court will ultimately do with the case if asked to decide. 

Consider how your soon-to-be-ex feels about things. Think about your children. Discuss solutions that work for everyone involved in the case, not just you. Most importantly, it is irresponsible to intentionally create or fuel ongoing conflict during a divorce. In our experience, clients who are bitter, angry and relentless in their approach wind up hurting themselves and living with much more pain than those who come to the table with a sense of flexibility and reasonableness. We find they are also far less satisfied with the legal process.

We are not suggesting the divorce process will be easy for you. Everyone knows that it is very difficult to make reasoned decisions in the middle of an emotionally charged situation. It is our job to help with that. We understand you may hurt because of infidelity, irresponsible spending on the part of your spouse or chemical dependency issues. But, the bottom line is that the court does not care about such things, unless they have a direct impact on the welfare of the children. For that reason, it is important to focus on the things that do matter to the ultimate decision-maker in your case.

We find the couples who resolve their case through settlement feel much better about the result. They own the agreement. They haven't been told what they are going to do some person in a black robe. They conclude their case in a much shorter time frame than expected. They have more financial resources to draw on in the future. And, most importantly, their children seem to benefit from the fact that their parents, despite the dissolution, have found a way to work things out. The experts agree that divorce is a very stressful and difficult time for the litigants. But, those same experts also agree that it is even more stressful and painful for children. The longer your case lasts, the more harm will be done to your children.

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When people mediate, they bring their conflict to a place where they try to settle their dispute. To assist with the process, an impartial third person, or "mediator" helps them reach an agreement. The mediator does not take sides or make decisions. Rather, he or she should be fair to all parties and help them find a solution.

More and more individuals are trying to resolve disputes through mediation. While this process can occur without the assistance of professionals, sometimes problems arise, and individuals need to seek counsel or advice. Often during divorce, individuals need to work out one or many problems with the other spouse. When they ask a mediator to help them solve a problem, they buy into a process that allows a trained third party to use facilitative skills to help them resolve their conflicts.

In certain situations, courts will require couples to mediate. This is called court ordered mediation. A judge may order couples to mediate certain issues that are difficult to resolve. For resolving parenting time conflicts, a judge has the discretion to assign an expediter to help couples set up a visitation schedule for their children.

When couples seek mediation voluntarily or by court order, they are trying to resolve some routine problems that come up in divorce. Problems that people bring to mediation may include visitation, child support, parenting responsibilities, spousal maintenance (alimony), property division, debt division, and/or division of financial assets. The opportunity to mediate allows parties to take the time to address all their concerns and, with the mediator's help, to reach a workable compromise.

People often prefer to mediate rather than go to trial. Individuals may mediate before separation, and before, during and after the divorce process. In fact, a final divorce decree can state that for future conflicts, parties agree to first seek mediation to resolve problems that come up after their divorce is final.

Mediation may not be a good choice if: 

• A person or his/her children have been verbally, physically, emotionally or sexually abused by the other person;
• One person fears the other person or doesn't trust the other party to be fair or honest ;
• One person is not ready emotionally to mediate;
• The mediator is not treating either party fairly;
• One person has difficulty making decisions; or
• There is a power imbalance the mediator cannot neutralize.

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