Anticipating Legal Costs in a Divorce Case
At Lovorn Law Firm we have a built a client-centered team that provides the best possible representation to anyone who hires us. A piece of that is being transparent. To that end, I’d like to take this opportunity to discuss costs in a divorce case, key factors influencing those costs and what costs at Lovorn Law Firm look like.
In all areas we practice, the largest variance of case costs are seen in family law cases. This is true in modifications, enforcements and SAPCRs (for many of the same reasons outlined below), but it is especially true in divorces. For an agreed, uncontested divorce with minimal community property, our firm can complete a divorce for $3,500 - $5,000. Most divorce cases are not uncontested. There are almost always disagreements about property division, financial support, custody and other items that require extensive time and expenses to reach a conclusion.
If your matter is contested for one or more of these reasons, you can anticipate a significantly more costly case. Again, divorce cases can vary drastically in timeline and cost, but some routinely seen steps and associated costs may include:
Drafting of an original petition and filing the petition with the court. This is a requirement to start any divorce. Filing fees vary from court to court (decided by the county of residence) and typically range from $250-$300. Drafting of the petition will vary depending on the complexities involved (requests made in the document, children vs. no children, etc.).
Serving the petition on the opposing party. Also required, this fee can vary depending on the need for rush service, the location of the opposing party, the number of attempts required to serve, etc. Although not a guarantee, these fees typically range from $100-$300.
Temporary orders – although not required in all cases, temporary orders are relatively common and give parties specific rules by which to act during the divorce proceedings. These orders may include things such as support payments from one party to another, custody arrangements, etc. Sometimes temporary orders can be agreed to, lowering costs. However, if temporary orders can’t be agreed to, the next step is to go to a court hearing for the Judge to rule. In this event, there would be costs for attorney time negotiating pre-hearing, preparing for the hearing, attending the hearing (usually somewhere from an hour to a full day), post-hearing communication with the court/opposing counsel, post-hearing drafting and entry of the final document.
Discovery – this can be conducted at several points throughout a case, but it is the formal process of requesting information from the opposing party. This information can be used in multiple ways, one of which is to build the backing for why your position is the correct one. Discovery is an incredibly time intensive process from drafting to reviewing.
Mediation – mediation is also a common step in a contested matter. Most courts will require mediation before allowing a matter to go to a final trial. Mediation is a formal attempt to reach an agreement between the parties. Mediation typically lasts a half day or full day but can go longer. The primary costs are for attorney time in pre-mediation preparation, attending the mediation and post-mediation follow up. Additionally, each party is usually responsible for paying 50% of the mediator’s fee – normally between $1,000 and $3,000 per party for a full day.
Final hearing/trial – this can be a bench trial (decided by a judge) or jury trial (decided by a jury). This is the final step in the divorce proceeding and happens when the parties cannot reach a solution and request either the judge or jury to decide on the point which they disagree. These trials can range from a few hours to days. Although several fees can be associated, the largest expense with a final trial is attorney time.
It is important to keep in mind that several of these steps may happen more than once. For instance, a party may need to be served multiple times over the course of a case. Multiple mediations could potentially happen. Temporary orders can change. Just looking at these few potential points, one can quickly see why the costs in a divorce case vary widely. However, easily the biggest reason attorneys and law firms cannot predict the costs of a divorce is a different factor – the attitude and conduct of the opposing party and opposing attorney. This can impact a case in multiple ways, but most prominently a nonresponsive or obstructive opposing party/counsel will almost always require additional case work, communication and/or court time – this extra work increases the above referenced costs exponentially.
Considering all of this, Lovorn Law Firm is fully equipped and staffed to handle all contested divorce matters. These cases can range from just below $10,000 to more than $150,000. The majority fall in a range of $10,000-20,000. No two divorce cases are the same. All of these factors impact the costs of a case, and an attorney will be able to more specifically and effectively assist you in determining the layout of your specific matter. Starting a divorce can be an intimidating and overwhelming step. Having experienced attorneys on your team is important. Having a team of experienced attorneys that communicate openly with a group of readily available support staff behind them is even better. If you are in need of help in a divorce, Lovorn Law Firm offers one of the most experienced and effective family law teams in the Texas Hill Country.