A divorce should cost exactly as much as you can afford and no more. Getting divorced does not have to mean going bankrupt.
I think a better question is, “how can I get a divorce I can afford?” To get a divorce you can afford monetarily, you have to be ready to do a lot of work emotionally.
I recently wrote about how to keep divorce costs down so I’d like to talk here about things you should consider when thinking about how much your divorce will cost.
Not hiring an attorney
If you and your spouse decide that neither of you will get attorneys but will work through all the details on your own, obviously the costs will be pretty low. You will have to pay the clerk a filing fee to open your divorce case with the court, but there will not be a lot of other costs associated with the process. One cost may be if you decide to hire a mediator to help you work out the settlement. A mediator is not a lawyer and does not give legal advice but you can hire one to help you and your spouse work out the terms of your divorce. The going rate in Florida is anywhere between $150-$400 per hour depending on the mediator’s experience and the complexity of your case.
I caution you, however. It can be very stressful to go through a divorce without an attorney. You don’t know procedure or what is the “norm”. Additionally, I have people come to me all the time because they signed something without an attorney and realized later it was very unfair and they were paying much more than necessary. Understand, it is much more costly and difficult to undo and agreement that has already been signed than it is to simply hire a good attorney to help you through the process.
Hiring an Attorney
If you and your spouse decide to both hire attorneys then you will each need to consider the upfront retainer costs and possible additional fees if your case drags on. An initial divorce retainer has a huge range depending on the attorney’s experience and the facts of your case. A retainer is basically a pre-payment of the first portion of your legal fees. For example, I try to price my retainer at what I think it will take for me to get my client through the mediation phase of their divorce. The client still receives a monthly statement showing my billing, but those monthly amounts are deducted from their retainer.
Trial Retainer
Attorneys often also require clients pay a trial retainer prior to the trial beginning. This is another lump sum, usually set at the amount the attorney believes the trial is going to cost. It may seem harsh but trust me, family law attorneys cannot stay in business if they do not get paid up front. Trials only occur if you cannot resolve all of the issues of the case through mediation or negotiation between the attorneys. Trials are a significant amount of work and are, therefore, very costly. Beware of attorneys who inflame emotions and discourage rational thought simply to get you to go to trial. Attorneys make much more money when they create problems for trial rather than solve problems outside of court.
Other Costs
Even if you have attorneys, depending on your state, you may also have to pay a mediator. In Florida, the courts require all divorcing parties to go to mediation before you see the judge. There are also costs associated with using the sheriff or private process server to serve divorce papers on your spouse. There may be additional costs if you attorney believes that depositions are important for your case. The court reporter recording the deposition has an hourly rate he or she charges, in addition to the costs associated with getting a transcript of the deposition made. These are all out of pocket costs that generally are not covered by the retainer you paid your attorney. Generally the attorney’s retainer covers only their time, not costs associated with using third-parties to do work on the case.
So consider all these costs and do your research ahead of time before hiring an attorney. An attorney will not be able to give you an exact cost but he or she should be able to give you a general idea of costs if your case settles before mediation, at mediation or costs if the case has to go to trial.
If you found this article helpful, you’ll love the advice you’ll find in Divorce with Joy – A Divorce Attorney’s Guide to Happy Ever After. Click here to get your copy now.
Divorce with Joy provides information about divorce and legal issues designed to help users cope with their own legal needs. This legal information is not the same as personal legal advice – the application of law to an individual’s specific circumstances. If you want professional assurance regarding your personal situation, please consult a lawyer. If you are a lawyer, please review the authorities personally to determine their application to your case.
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