How Much Does A Divorce Lawyer Cost

How much a divorce lawyer will cost would depend on whether your divorce is contested or uncontested, the issues involved, and your location. In divorce cases, lawyers usually charge an hourly fee, which depends on the location. For example, in major cities such as New York or Los Angeles, a lawyer can range between $500 to $900 per hour, with a retainer deposit of $10,000 to get started, unless the divorce is uncontested. In an uncontested divorce, a lawyer may charge a flat fee.

The legal work involved in a divorce

When the spouses do not have any children or property, divorce is usually uncontested. The spouses can go to a lawyer with all issues ironed out. The lawyer will simply file the paperwork. Expect to pay around $2,000 for a completely uncontested divorce where you and your spouse have already agreed on all issues prior to retaining a lawyer.

When spouses have children and marital property, divorce becomes more complicated. Some issues may be contested but will be eventually settled. In this case, the lawyer will have to compute child support, spousal maintenance, and identify separate from marital property. Thereafter, the lawyer will negotiate these issues with the other lawyer to ensure you get an adequate settlement. When these issues are eventually resolved, your lawyer can file the divorce action together with the pre-filing divorce settlement. Here, average legal fees can range from $3000 to $5000.

When spouses do not agree on some issues, a divorce action has to be filed and the divorce becomes contested. Legal fees will depend on whether your case goes to trial or not. When a contested divorce action is initiated, a lawyer has to file motions, request for discovery procedures, appear in court, prepare for court appearances, review the discovered documents, prepare for trial. The hours add up and your legal costs increase. In addition to legal fees, you will have to pay for the costs of depositions, including the court reporter and transcript fees.

Studies show that divorce can cost $7000 to $8000 with one issue resolved through settlement after filing of divorce action, $12,000 to $14,000 with two or more disputes resolved through settlement, $16,000 to $20,000 for trial on one issue, and $22,000 to $27,000 for trial on two or more issues. Trial will include additional discovery and preparing evidence for presentation to the court, drafting pre-trial motions and briefs, preparing witness testimony and cross-examination, and preparing opening and closing statements.

Other professionals may be needed

In divorce actions, a divorce lawyer might need to hire other professionals, which would increase costs. When you battle over custody, the court might appoint an attorney for the children, adding to your costs. Appraisers might be hired to appraise homes, jewelry, and artwork. When gifts or inheritance are involved, you might have to separate income (which is considered marital property) from such gift or inheritance (which is separate property). This is difficult and may require both an accountant and an attorney’s expertise.

How to lower your costs of divorce

If you want to lower your costs of divorce, the best way is to reach a settlement of all issues with your spouse so your lawyer will simply need to file the documentation. There will be no need for your lawyer to negotiate with the lawyer of your spouse.

Another way is to get an attorney on a limited basis just to consult on certain areas, such as the identification of marital property or computation of child support and maintenance. Most people, however, are uncomfortable getting an attorney on a limited basis, especially when the divorce is contested.

Lastly, to save money on divorce lawyer costs, you need to conduct yourself professionally and treat the divorce action like a job. Read all the documents given, make comments on it, and send it to your lawyer all at once. Don’t send them on piece-meal basis because your lawyer works on it as you send it. These minutes will soon add up to hours.

Don’t make your lawyer your therapist. The longer you talk to your lawyer, the more it costs. If you’re talking to your lawyer about non-legal problems and just talking about your emotional issues, this is a waste of your lawyer’s time. Your lawyer is probably billing you for this time. When you talk to your lawyer, be concise and straight to the point. Email is probably the best way to communicate with your lawyer, unless a voice call is urgently needed to explain. Voice calls, however, tend to be prolonged, and can tempt you into treating your lawyer as a therapist, especially when your telephone call has no set agenda. For this reason, communicating via email is always the best way.

How divorce lawyers actually bill

Understanding how the bill is generated helps clients control it. Most New York divorce attorneys bill in tenths of an hour (six-minute increments). A two-minute phone call and a thirty-second email each get rounded up to .1 of an hour. At an hourly rate in the $500-$900 range typical in Manhattan, that .1 unit is $50-$90 per touchpoint. Five quick texts on a Tuesday can easily reach $400 by the end of the day. Reading your retainer agreement carefully and asking your attorney to explain the billing-increment policy is one of the most useful conversations a new client can have.

The retainer is a deposit, not a flat fee

A common misunderstanding is that the initial retainer is the total cost of the divorce. In a contested case, the retainer is a deposit against future hourly work. As the firm bills time, it draws from that deposit. When the deposit is exhausted, the client is typically required to replenish it. The signed retainer agreement, required by New York court rules in matrimonial cases, will explain the replenishment terms.

What is and is not billable

Lawyer time spent drafting documents, reviewing discovery, attending court, negotiating with opposing counsel, and communicating with the client is billable. Travel time is often billable. Paralegal time is billable, usually at a lower rate. Disbursements - filing fees, court reporter fees, deposition transcripts, process server fees, expert fees - are passed through to the client. Many of these disbursements catch first-time litigants off guard, particularly the cost of deposition transcripts in a contested case.

Court-ordered fee awards

New York's Domestic Relations Law contains a presumption that the less-monied spouse in a divorce should have counsel fees paid by the more-monied spouse, so that both parties can litigate on equal footing. This is sometimes called "leveling the playing field." A spouse who has little independent income or access to liquid assets can move for interim counsel fees early in the case. The court can order the monied spouse to pay a portion - sometimes a substantial portion - of the other spouse's legal fees during the case, with the final allocation reserved for the judgment. This is an important tool that often goes underused.

Cost drivers: what makes a divorce expensive

• High-conflict custody disputes, particularly those involving forensic evaluations.
• Closely-held businesses, professional practices, or other assets that require valuation by an expert.
• Allegations of hidden assets or income, which require formal discovery, subpoenas, and sometimes a forensic accountant.
• Real estate, especially when the marital residence is in dispute or one spouse refuses to leave.
• Pensions and deferred compensation that require a Qualified Domestic Relations Order.
• Domestic-violence allegations and parallel orders of protection in Family Court.
• Frequent motion practice - applications to the court for temporary relief.
• A spouse or lawyer on the other side who refuses to negotiate in good faith.

Cost-saving strategies that actually work

• Come to the first meeting organized. Bring three years of tax returns, recent pay stubs, a list of accounts and approximate balances, and a one-page summary of the marriage.
• Use email rather than phone calls for routine updates. A written record is also useful if disputes arise.
• Consolidate questions. Send one email with five questions rather than five emails with one question each.
• Consider mediation or the collaborative divorce process for cases where both spouses are reasonable. Both approaches typically cost far less than litigation.
• Be honest about your assets and your conduct. A surprise that emerges in discovery is much more expensive than the same fact disclosed up front.
• Resolve what you can directly with your spouse - a parenting schedule, a division of household items - and ask the lawyers to paper only what is necessary.
• Do not use the lawyer as a messenger. If you can communicate with your spouse on logistical matters without harm, doing so is free; running every message through counsel is not.

Fee arrangements you may encounter

New York rules of professional conduct restrict matrimonial fee arrangements. Contingency fees - where the lawyer takes a percentage of what is recovered - are not permitted in divorce. Most contested cases are billed hourly against a retainer. Uncontested cases are frequently handled on a flat fee. Some firms offer a hybrid: a flat fee for the basic uncontested filing plus hourly billing for additional work if the case becomes contested. Be cautious of any arrangement that is not put in a clear written retainer agreement.

Free or low-cost legal help

Litigants who cannot afford private counsel may qualify for help from Legal Aid Society, Her Justice, Sanctuary for Families, or Volunteers of Legal Service in New York. Some bar associations also operate lawyer-referral services that offer reduced-fee initial consultations. The Family Court has a self-help center, though the matrimonial action itself is filed in Supreme Court.

Frequently asked questions

Is the initial consultation free?

It depends on the firm. Many New York matrimonial firms charge a consultation fee, often credited against the retainer if the client hires the firm. The fee compensates the attorney for the time spent reviewing the situation.

Can I make my spouse pay all of my legal fees?

Not automatically. The court can shift fees to the monied spouse, but the order is discretionary and based on the financial positions of the parties and conduct in the litigation. You should not assume your spouse will be ordered to pay.

What happens if I cannot afford my lawyer mid-case?

Speak to your attorney immediately. Options include negotiating a payment plan, moving for additional interim fees from the other side, or, in some cases, having the attorney withdraw with the court's permission so you can proceed pro se or hire substitute counsel.

Are uncontested divorces really cheap?

Compared to contested divorces, yes. A truly uncontested case with no children and no significant assets can often be handled on a flat fee in the low thousands. Adding children, real estate, or retirement assets pushes the work - and therefore the fee - higher.

Although divorce is not cheap, these few tips can help you lessen the cost of divorce. If you are contemplating divorce or have received a complaint for divorce, we, at the law offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].