Divorce Help 101
Attorneys' Fees
In most states attorneys charge by the hour for their time when handling a divorce; however, in some states for issues surrounding the property from a marriage, attorneys are allowed to charge a contingency fee provided the terms are disclosed to and agreed upon by the client.
In the state where the fees are hourly, total fees may range from a low of perhaps $100.00 to more than $750.00 per hour depending on the market and the specific attorney. As is common when figures make up a range, the extremes are the exception rather than the norm.
Perhaps the most important point to remember is that the same holds true for attorneys as for other professions and services. If a deal seems too good to be true, it probably is. If an attorney is willing to proceed in a case for a fee that is far below the standard in the market, then you as the client should proceed with caution.
In the states where contingency fees are allowed the higher the value of your marital estate the higher your attorneys’ total fees will be. However, even in states where contingency fees are allowed it is not uncommon for divorce attorneys to charge by the hour and this may be more advantageous for the client. Discuss different options with any attorney you may retain. For instance if you and your spouse have largely worked out an agreement you would be wasting money to pay an attorney a contingency fee for only a limited number of hours of legal work.
People involved in a divorce should be prepared to pay for the services of their attorney and should understand that even reasonable fees can be high. People should also strongly consider hiring an attorney who focuses on family or domestic law. While this may cause your fees to be higher than if you used a general practice attorney, in the long run it is a wise investment to hire an attorney with a focus on divorce law.
Depending on the size of your marital estate, the number of issues involved, what issues are contested, how prepared the parties are to talk settlement, how much discovery your attorney has to do and whether a trial will be required the fees can be nominal to extreme.
Even if you are able to find an attorney who bills on the lower end of the scale addressed above, for a contested case that goes to trial $20,000 or more is not an outrageous or unheard of fee.
In many jurisdictions the family courts have the statutory ability to require one party to pay the attorneys’ fees of the other. In these jurisdictions the courts examine different factors in making their decisions. It is not automatic, even in these jurisdictions, for one party to be required to pay fees, but parties should be aware of this possibility when formulating a trial strategy.
Perhaps the most important thing to remember here is that there is no such thing as “divorce insurance.” In other words, there will rarely be, save a wealthy relative, someone to pay your attorneys’ fees, so even if one spouse has to pay the fees of the other, the fees generally come from the marital estate meaning money spent in attorneys’ fees is money that could have otherwise been used by the parties. Keep this in mind when considering how to best handling bringing closure to your divorce.
Disclaimer
In the state where the fees are hourly, total fees may range from a low of perhaps $100.00 to more than $750.00 per hour depending on the market and the specific attorney. As is common when figures make up a range, the extremes are the exception rather than the norm.
Perhaps the most important point to remember is that the same holds true for attorneys as for other professions and services. If a deal seems too good to be true, it probably is. If an attorney is willing to proceed in a case for a fee that is far below the standard in the market, then you as the client should proceed with caution.
In the states where contingency fees are allowed the higher the value of your marital estate the higher your attorneys’ total fees will be. However, even in states where contingency fees are allowed it is not uncommon for divorce attorneys to charge by the hour and this may be more advantageous for the client. Discuss different options with any attorney you may retain. For instance if you and your spouse have largely worked out an agreement you would be wasting money to pay an attorney a contingency fee for only a limited number of hours of legal work.
People involved in a divorce should be prepared to pay for the services of their attorney and should understand that even reasonable fees can be high. People should also strongly consider hiring an attorney who focuses on family or domestic law. While this may cause your fees to be higher than if you used a general practice attorney, in the long run it is a wise investment to hire an attorney with a focus on divorce law.
Depending on the size of your marital estate, the number of issues involved, what issues are contested, how prepared the parties are to talk settlement, how much discovery your attorney has to do and whether a trial will be required the fees can be nominal to extreme.
Even if you are able to find an attorney who bills on the lower end of the scale addressed above, for a contested case that goes to trial $20,000 or more is not an outrageous or unheard of fee.
In many jurisdictions the family courts have the statutory ability to require one party to pay the attorneys’ fees of the other. In these jurisdictions the courts examine different factors in making their decisions. It is not automatic, even in these jurisdictions, for one party to be required to pay fees, but parties should be aware of this possibility when formulating a trial strategy.
Perhaps the most important thing to remember here is that there is no such thing as “divorce insurance.” In other words, there will rarely be, save a wealthy relative, someone to pay your attorneys’ fees, so even if one spouse has to pay the fees of the other, the fees generally come from the marital estate meaning money spent in attorneys’ fees is money that could have otherwise been used by the parties. Keep this in mind when considering how to best handling bringing closure to your divorce.
Disclaimer
