Divorcing couples often come into consultations wanting to know what the total cost of the divorce will be. Unfortunately, that’s an impossible question to answer off the bat. The cost of a divorce proceeding is completely dependent on the parties and their ability to negotiate a settlement quickly. The longer the divorce process goes on, the more costly it’s going to be.
The first counsel fee you are likely to pay is the consultation fee. The cost of these consultations will vary widely based on the area in which you live, the experience of the attorney you are meeting with, and a variety of other factors. The length of time that the attorney spends with you may vary as well. For example, some attorneys offer free consultations, but the consultations are only for a very short, defined period of time. Most family law attorneys offer a one-hour consultation for a set rate.
Next, once you decide that you want to move forward with your attorney, you will be asked to pay a retainer. Again, the amount of the retainer will vary based on the facts of your case. For example, if you come to a consultation with the outline of a settlement agreement, or maybe even a signed agreement that you and your spouse negotiated by yourselves, it’s likely that your retainer will cost less than that of someone who has an acrimonious relationship with their spouse and will be unable to speak directly to their spouse on any issue.
There are a number of common issues that will drive up the cost of litigation, and they include extensive motion practice; parties who do not cooperate with court orders resulting in the need for enforcement hearings; and requiring that all communication go through attorneys, rather than communicating directly with your spouse. Another expense that might increase your counsel fees is the need to hire experts. There are several types of experts that might be necessary in a particular case: real estate appraisers, pension valuations, forensic accountants, vocational and custody experts. These experts will vary in price, although some, such as real estate appraisers, are capable of completing their reports for a relatively small fee of approximately $500. Other experts, however – specifically custody experts – are much more costly. It is not uncommon for a custody expert to require a retainer of $7,500 to $10,000, and this retainer may only cover the cost of the report. There will be additional fees in the event that the case heads to trial and the custody expert will need to testify.
Divorce does not always have to be expensive, however. If you are able to reach a resolution of your case with the assistance of your counsel through an alternative method, such as settlement negotiations between attorneys or perhaps mediation, your divorce will cost significantly less than a contested case that goes to trial.
If you have questions about divorce and the costs associated with same, contact the attorneys of DeTorres & DeGeorge to schedule a consultation.