how much does a lawyer charge to file the divorce for you

by Chanel Huels 8 min read

Average Fees for a Divorce Lawyer
It is typical for new lawyers to charge $100+/hour and experienced attorneys to charge $300+/hour. You can expect to see outlier pricing that ranges from $30 to $500/hour as well.
Jul 21, 2020

Full Answer

What is the average cost of a divorce attorney?

The average cost of divorce: $12,900

  • location,
  • whether child support or child custody were involved,
  • whether alimony was an issue, and
  • whether the divorce was settled outside of court or the couple went to trial.

What to look for in a good divorce lawyer?

You need someone who can take the following actions on your behalf:

  • Review the circumstances surrounding your divorce and how state laws are likely to apply;
  • File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
  • Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

More items...

What is the divorce rate for lawyers?

What Makes People More or Less Likely to Divorce?

  • Your Age. Those who wait to marry until they are over 25 years old are 24 percent less likely to get divorced.
  • If you or your Partner Have Been Married Before. If both you and your partner have had previous marriages, you are 90 percent more likely to get divorced than if ...
  • Religion and Divorce. ...
  • Education and Intelligence. ...
  • Political Affiliation. ...

How much will my divorce cost?

Things that increase the cost and level of effort for a divorce

  • Conflict. The single biggest cost factor in a divorce is the level of conflict between the spouses. ...
  • Children. If you have children, any separation agreement (which I argue should be called a divorce agreement) needs to include a lot of details about how the children will be ...
  • Property. ...
  • Businesses. ...
  • Pensions. ...
  • Lawyers. ...
  • Trials. ...

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How much does a divorce attorney cost?

The total cost of a divorce is about $15,000, but can go as high as $100,000 depending on how many issues you want a judgment on ...

How much does it cost to file for divorce?

The cost will vary from state to state, but typically it’s about $300 , which can sting, considering the circumstances.

How long is a mediation session?

While most mediation sessions are charged hourly, some mediators prefer to charge per session. On average, a typical mediation session will last about two hours. Of course, this timeframe will depend on the topics of discussion and whether or not any conflict is involved. The hourly rate for private meditation ranges, ...

What is more important than paying a lawyer?

Far more important than what you are paying your lawyer and the courts is hiring the right attorney. Do your research based on what you can afford, and find the right representation to protect what you have at stake.

Is divorce time consuming?

Divorces can be time-consuming and messy, and the issues in each divorce are different from one couple to the next. Because the outcome of every divorce is determined by the defendants, the attorneys, and what is at stake, it’s nearly impossible to find a standard overall cost.

Is divorce pleasant?

No one would ever describe the divorce process as being pleasant; neither would any spouses say on their wedding day they were planning on divorcing down the road. But divorce happens—for at least 50 percent of all first, second, and third marriages.

How much does an uncontested divorce cost?

If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

How to save money on divorce?

A good way to save money on your divorce is to do your divorce without a lawyer. In many states, this means being pro se. In California, if you file on your own behalf, you're pro per. If you have an uncontested divorce, you and your spouse can create your own agreement.

What factors determine the cost of divorce?

Things that factor into the cost of a divorce include: Where you're getting divorced. Whether you're using a lawyer for your entire divorce or only part of it. Whether you have children. Whether you're doing it yourself.

What do you do when you use a lawyer?

Preparing for court. Preparing for depositions and discovery . Preparing and reviewing paper s. Legal research. If you're using a lawyer just for reviewing documents, you will cut thousands of dollars from your bill. You can also agree with your lawyer that you'll only pay for some services and not others.

Is legal separation as expensive as divorce?

In many cases, a legal separation is as expensive as a divorce. Discuss this with your lawyer to see if there's any advantage to getting separated, or if your state requires a legal separation before divorce. Get help with divorce LEARN MORE. About the Author.

Is collaborative divorce cheaper than trial?

Collaborative divorce is cheaper than a divorce that goes to trial. Collaborative divorce requires that each party get an attorney. You, your spouse, and the two attorneys will sit down in an office, usually for several meetings, and try to settle.

Who does a lawyer represent in a divorce?

In most cases, the lawyer will represent the “plaintiff” or “petitioner,” who is the spouse that asked for the divorce.

Is it better to settle a divorce before it goes to trial?

Updated: Aug 27th, 2019. Settling a divorce before it goes to trial is the best case scenario, because it enables you to avoid a financially and emotionally-draining courtroom experience.

Do childless couples pay less?

On the other hand, a childless couple with very few assets and liabilities will probably pay less.

Can a spouse work with a lawyer to write a divorce agreement?

Even in states where unbundled legal services aren’t allowed yet, spouses can still work with lawyers to have a divorce agreement written up for a fixed fee or at an hourly rate .

What are the requirements for a divorce?

In every state, a variety of factors will change the hours required to negotiate and find a divorce agreement such as: 1 Child custody 2 Amount of property 3 Tax advice 4 Alimony (spousal support)

Where can I get free divorce advice?

Getting free advice at a family law clinic (available at some family law courts) Speaking with a legal aid organization to see if you qualify for free services. Many attorneys offer free consultations, so it is doesn't hurt to call one or more experienced divorce lawyers in your area to discuss your divorce.

What are the classes for divorce?

Education classes on the divorce process or co-parenting. Mediation (this can replace attorney fees or be in addition to attorney fees) Psychiatric evaluations for adults or children. Refinancing a mortgage.

What factors affect the hours required to negotiate a divorce?

In every state, a variety of factors will change the hours required to negotiate and find a divorce agreement such as: Child custody. Amount of property. Tax advice. Alimony (spousal support) Consider how complex your divorce is when estimating how much it might cost.

Can I get divorce if I don't have money?

Getting a Divorce When You Don't Have The Money. While the costs seem high, an important takeaway is that divorce is still attainable. Do not refuse to get a divorce just because you cannot afford it. You may be able to reduce costs by: Asking your attorney for an affordable payment plan.

Do divorce lawyers have to have a payment plan?

Yes , most law firms or independent attorneys understand that an average divorce costs a large sum of money, and may need a payment plan. There are no state laws on offering payment plans, so this is solely up the firm you want to hire. Ask them in your first meeting if they offer payment plans.

Can you get an uncontested divorce?

An uncontested divorce is possible if you can negotiate together and agree on big-ticket items such as who keeps the house. If you want the court to help you determine how things are split (in a contested divorce), you will rack up additional attorney's fees.

Why is divorce so expensive?

Divorce becomes more expensive when the couples cannot agree on essential issues. When spouses cannot agree on essential issues, the court proceedings generally drag long, and how much a divorce will cost will be more.

What is the difference between contested and uncontested divorce?

The biggest expenses in a contested divorce are attorney’s fees, the cost of hiring a forensic accountant, and other professionals.

Is it cheaper to get divorce without an attorney?

An amicable divorce without an attorney reduces how much a divorce costs drastically and is the cheapest way to divorce.

What Is a Divorce Lawyer Retainer Fee?

Lawyers often charge a retainer fee to handle your divorce case from the beginning. This fee is a down payment for the legal services your lawyer agrees to provide.

What Is the Average Retainer Fee for a Divorce Lawyer?

While the precise amount of a retainer fee varies from lawyer to lawyer and city to city, the average retainer fee for a divorce lawyer goes between $3,000 and $5,000.

Is a Divorce Retainer Fee Refundable?

An attorney will deduct all costs of services provided to their client from the retainer fee. If the retainer is not enough for the case, you will need to pay extra. In case any money remains at the end of your case, you should get it back.

Different Divorce-Related Expenses That Influence the Retainer Fee Explained

When calculating the total amount of the retainer fee, a lawyer takes into account the following costs:

What Else Should You Know When Negotiating the Retainer Fee for a Divorce Lawyer?

When discussing a retainer fee, you should also keep in mind that your lawyer needs to:

Do You Need a Lawyer?

If you and your spouse reach an out-of-court settlement regarding all divorce matters and decide on a friendly, uncontested divorce, you won’t need to hire a lawyer. You can:

DoNotPay Creates Efficient Divorce Settlement Agreements

Our AI-powered app is familiar with the latest state laws and will ensure your divorce settlement agreement complies with them. We’ll also take into account your specific situation when preparing a rock-solid document.

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