One of the most common concerns among people contemplating a divorce is the cost. Often, financial hardship is a catalyst that precipitates the divorce, and the need to pay lawyers and other professionals in the divorce case only adds to the stress. This week's blog post will address the cost issues involved in a typical divorce case.
HOW MUCH DO LAWYERS CHARGE?
In a divorce case, lawyers typically charge an hourly fee, which usually ranges from $200 per hour to $450 per hour. The main question is how many hours will be needed to complete the divorce. This, of course, varies significantly depending on what the disputed issues are. If the parties have reached a complete agreement that disposes of all issues (custody, visitation, child support and division of property), most lawyers can complete the process in 4 to 6 hours. At the other end of the spectrum, a custody battle or complex property dispute might necessitate 80 to 100 hours of attorney time.
WHAT OTHER COSTS ARE INVOLVED?
In addition to attorney's fees, additional out-of-pocket expenses may be needed. Court filing fees are approximately $400, and process server fees are approximately $100. If expert witnesses are needed, such as accountants or psychologists, hourly fees for these witnesses will need to be paid. If the Court orders a psychological evaluation, the evaluator will typically charge $3,000 to $5,000. Judges commonly order that the cost of the evaluation be shared equally between the parties. If the Court appoints an "amicus attorney" to assist the Court in protecting the best interest of the child, the amicus attorney fees will typically be in the range of $2,000 to $5,000, to be shared equally by the parties in most cases. Other costs might include a social study, drug/alchol testing, DNA testing and private investigators.
CAN THE COURT ORDER MY SPOUSE TO PAY MY ATTORNEY'S FEES?
Yes. The Court has authority to allocate the costs of the case, including the attorney's fees. Courts typically do this when one spouse earns more money or has sole control over the assets. If an agreement is not reached as to the allocation of attorney's fees, either spouse may petition the Court to request an order to pay attorneys' fees.
If you're considering divorce, you should carefully consider the anticipated costs. Individuals need quality legal representation at a reasonable cost. Christiansen Law Firm partners with individuals contemplating divorce, and can offer guidance and predictability about the anticipated costs. The family law attorneys of Christiansen Law Firm have significant experience handling divorce matters, and can assist you in predicting and managing the costs of divorce. Contact Christiansen Law Firm in Houston or San Antonio for additional information.