If you are considering divorce, you likely have more than a few worries– and that’s understandable. It’s not an easy decision, and it can sometimes be a complicated process. For many people, some of those worries are financial.
After all, getting a divorce means moving from one home and one set of shared expenses to two residences and two separate budgets. Financial worry is normal and understandable. Among those worries, many people wonder how much a divorce lawyer might cost as they consider beginning the process. That’s an important question to ask. Let’s look at factors that might influence how much a lawyer would cost for your case.
Do All Attorneys Have the Same Fee Structure?
When it comes to the divorce process, there is no mandatory billing process or fee structure. Fees vary by geographic area, but most attorneys charge an hourly rate. Some attorneys will request a retainer fee upfront. A retainer fee is an initial lump sum of money you pay, from which the hours billed are paid. Depending upon the length and complexity of your divorce process, you may have to replenish the retainer amount once it is depleted. In other cases, an attorney may not collect a retainer but may bill you monthly for the hours worked.
As you begin considering potential attorneys, you should schedule consultations with each one. Often, these consultations are free or available for a very minimal fee. During your consultation, you can ask a potential attorney about their rates and fee structures. You will be able to gain an understanding of how the attorney bills hours and what the overall cost of your case might be.
When you have these consultations, you shouldn’t hesitate to ask any questions you may have. A huge part of feeling confident about your chosen attorney is that you have obtained the information you need to make a fully informed decision. Any attorney who wants to avoid answering your questions is likely someone other than the attorney you wish to choose. Getting the information you need upfront will provide peace of mind and confidence as you begin to move forward with the process.
What Factors Will Affect My Expenses?
There is no standard one-size-fits-all divorce – every divorce is different. As a result, the cost of every divorce and the factors that affect that cost will be different. Even so, a few factors will affect the overall cost of your divorce. These include:
- The complexity of the divorce: Understandably, some divorces are far more complex than others. If a couple has only been married for a few years, has no children, and very little property, their divorce will understandably be much more uncomplicated than a couple that has been married for 20 years and shares several children and complex assets and debts. These factors will affect how long a divorce takes and, in turn, how expensive it will be. Consulting with a knowledgeable and experienced attorney regarding the issues you may face during your divorce will help to give you an idea about the potential cost of addressing those issues.
- The willingness of the parties to cooperate and compromise: The importance of this factor cannot be overstated. As a general rule of thumb, the less contentious your divorce is, the less expensive it will be. If you and your spouse argue over every issue and refuse to compromise or meet in the middle, resolving those issues will take longer. It will be more time-consuming, more stressful, and more expensive. On the other hand, if you and your spouse are willing to cooperate and compromise, you can save time and reduce costs.
- Whether you resolve your divorce inside a courtroom or through an out-of-court settlement, When many people picture the divorce process, they envision something out of a television drama – two attorneys battling it out over every issue in a courtroom before a judge. Although this sometimes happens, it is fortunately becoming less and less common. The truth is that many couples want to and can resolve their divorce almost entirely outside of a courtroom. Many alternative dispute resolution methods are available, including mediation, arbitration, and collaborative law, to name a few. These methods aim to reduce costs, save time, and reduce stress for all parties.
In many cases, these options are successful, and a judge’s only role is to approve a settlement agreement. In other circumstances, however, the parties are unwilling or unable to resolve their issues outside of a courtroom for any reason. In those cases, the parties will present their evidence to a judge to decide their issues. This is more expensive and more time-consuming, and as a result, attorney fees are higher.
These are only a few factors that might affect the cost of attorney fees and the divorce process itself. Understandably, thinking through these factors can initially seem overwhelming. When that is the case, many people consider representing themselves in a divorce instead. Generally, this is advised. Let’s talk a little bit about why.
Should I Represent Myself?
We’ve discussed the costs of a divorce attorney and some factors affecting those fees and expenses. As many people consider the costs associated with divorce, one question we are often asked is, why shouldn’t I represent myself? Understandably, people would ask that question, but this choice can be far more costly in the long run.
Simply put, the truth is that you don’t know what you don’t know – and sometimes you don’t realize that until it’s too late. Divorce is a complicated process. Each divorce will be slightly different, just like every marriage. And the law can be complex. There may be many situations where you could pursue one legal strategy or another, and making the wrong choice could significantly affect the cost of your divorce.
In representing yourself, you could overlook pursuing certain legal rights. You could make a costly legal error that would cost more money to fix in the long run than you would pay to hire a knowledgeable and experienced attorney. Although pursuing your divorce on your own may seem like a way to save money, in the long run, the right attorney can help you make cost-effective choices that will save time and reduce expenses. This is not to mention reducing stress and giving you peace of mind, knowing that you are fully pursuing your legal rights and protecting your interests during this process.
The Law Office of Dustin McCrary – Here for You
At The Law Office of Dustin McCrary, we understand divorce. We know every part of the process. We understand the anxious and overwhelmed feelings you may have at the beginning and the relief and optimism you will have at the end of this journey as you turn the page and move toward a better chapter ahead. We are here to help you get there. We will meet you where you are and walk with you each step of the way. If you’re ready to get started, give us a call today.
We look forward to speaking with you soon.