Wednesday, August 8, 2012

How Much does a Divorce Cost?


It is a question that gets asked all of the time: how much is this divorce going to cost me? I will tell you right up front: it is a question without a satisfying answer. But an explanation of what the cost entails will help you, and your attorney, estimate a ballpark figure.

First, a general overview of how most (but definitely not all) attorneys charge their clients. Most attorneys are hired for divorces on an hourly basis. This means that the more work the attorney does, and the more time he or she spends on the case, the more it will cost. The exact hourly rate will vary based on several factors, including what geographic market the attorney works in, the experience of the attorney, etc. 

This hourly rate is broken down into increments; some attorneys use tenths of hours (.1, or 6 minutes), but some use quarters of hours (.25, or 15 minutes). Therefore, if the attorney uses tenths, a phone call lasting five minutes will be billed as .1, or one-tenth of the attorney's hourly rate.

At the initial meeting, I, and I suspect most attorneys, try to estimate how much time the case is going to take, multiply it by the hourly rate, and try to give a very rough estimate of cost. This is typically also the basis of the requested retainer, or money the attorney holds in trust to apply toward future bills. So, I will request a lump sum representing the amount I think it will take to complete the divorce. If I overestimate, the excess goes back to the client. If I underestimate, the client will be expected to pay more.

But the attorney's expenses are only one part of the cost of a divorce. There are also out-of-pocket expenses that must be covered. For instance, in Iowa, the filing fee for a divorce is $185. This is the amount paid to the court to handle the paperwork of filing the divorce and other logistics. There is also a decree fee of $50, due when the divorce is finalized. Finally, if serving the other spouse with the paperwork involves hiring a process server, this is considered a court cost as well. While the court costs can be divided during the divorce process, the one filing the divorce will at least have to pay these amounts up front, and then request reimbursement from the other spouse later.

In sum, the more issues that need to be resolved, the more expensive the process, especially considering this will probably involve a few court hearings that may last a long time. But beyond these rough guidelines, it is almost impossible to guess how much any given divorce is going to cost. 

3 comments:

  1. Most attorneys will charge an advanced fee deposit to be paid up front. This deposit should go into the attorney's trust account, meaning it is your funds, not the attorney's. The attorney should send out a monthly bill, summarizing the costs incurred and attorney fees used on your case.

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