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.
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.
A no-fault uncontested divorce requires the least money and time since you and your soon-to-be ex-spouse agree on all relevant factors of your post-divorce life , including:
Once you receive the document, you need to file it with the court. When the judge approves the agreement, it becomes legally binding.
When making all necessary agreements with your lawyer, you should make sure the remaining amount is refundable as some lawyers require non-refundable retainer fees.
A divorce retainer is an amount of money you pay up front for your attorney to begin working on your case. It is based on the projected amount of work it will take for the divorce attorney to represent you in your case.
When you pay the retainer, the attorney deposits the money into a Trust account which is established to hold client money. The money in the trust account still technically belongs to ...
The attorney will provide you with a written retainer agreement if they require a retainer to work on your case. This agreement should clearly lay out the attorney’s hourly rate, associate (junior) attorneys’ hourly rates, paralegal hourly rates, and other standard rates for expenses that they typically incur during representation.
Attorneys typically bill in either 15 or 6 minute increment s, rounding up. For example, if your attorney bills in 15 minute increments and works on your divorce petition for one hour and eight minutes, he will bill you for one hour and fifteen minutes.
Whenever the lawyer works on your case (e.g., drafting documents, phone calls, emails, etc. related to the case ) or incurs expenses related to your case (e.g., document production, parking fees, postage) they make a note of it in your case file. Then, periodically, the attorney will add up the time spent on your case.
Some attorneys note in their agreement the retainer, or a portion of it, may be non-refundable. As each divorce lawyer gets to set their own fees, make sure you understand the terms of the retainer agreement.
You can also be billed for time the attorney’s paralegals and associate (junior) attorneys spend working on your case. Junior attorneys usually bill at a cheaper hourly rate than partners, and paralegals typically bill less than half of the rate of the attorney they work for. Secretarial and clerical staff usually do not bill their time.
When you hire a family law attorney, you may be asked to pay a retainer fee. If you’ve never had to work with lawyers before, the idea of a retainer fee might not be as clear as it could be. What are they, and what is their purpose?
Typically, if there’s anything left in the retainer fee after the case is settled, that amount is refunded to the client. However, this may vary. Make sure you read the fine print on your retainer agreement before you sign it, and ask plenty of questions so you know what to expect.
Generally, lawyers will send you a monthly accounting of what they’ve charged against your retainer. This is to keep you updated, so you can either rest assured that the retainer will cover your costs for a while, or be prepared to pay more in fees when it runs out.
If your case is very simple—such as filing paperwork for an uncontested divorce—a lawyer might offer you a flat fee instead. For example, they might agree to handle your entire divorce for a few thousand dollars, rather than billing you for each hour spent working on your case.
Most people who’re looking to break off their marriages hire attorneys to handle the entire divorce process. As such, the bills can quickly add up. Overall, you may end up paying between $10,000 and $15,000 for a divorce. Of course, each divorce is unique; so you may end up paying significantly more or less than the average.
A retainer fee is a deposit or down payment that many divorce attorneys require to start working on a case. It’s rarely an estimate of the total cost you’ll eventually pay to cover the entire divorce process. Once you pay the retainer, your divorce attorney is supposed to keep it in a trust account that’s separate from their business.
In addition to your attorney’s fees, a retainer fee typically covers court costs and other administrative costs. In cases where one spouse accuses the other of legal faults like adultery, a part of the retainer can go toward gathering proof for or against these claims.
While divorce is a process that most people would rather avoid, it can sometimes become an inevitable part of life. In such cases, the process is made much easier by having a good attorney on your side.
A retainer is an advanced payment for work to be performed at a later time. In other words, a retainer is similar to a down payment ...
For example, a divorce lawyer may require a retainer in the amount of $3,500 before working on a divorce. If the person signs the retainer agreement and pays the $3,000, this money is then be placed in a trust account. If the divorce lawyer bills at an hourly rate of $100, the retainer would not run out until the divorce lawyer worked 30 hours on the case. If the case if completed after only 15 hours of work, the lawyer would keep $1,500 for services rendered and return $1,500, the amount remaining in the trust account, to the client. If, however, the case takes more than 30 hours of work, a divorce lawyer may require their client to replenish their retainer.
A retainer is an upfront deposit that you pay to hire a law firm. At Freed Marcroft, we take this payment and put it in trust for our client. A retainer isn’t an estimate of your total legal fees, it’s a deposit. You can fund your retainer by check, electronic check, credit card, cash, or someone else can pay on your behalf.
A retainer isn’t an estimate of your total legal fees, it’s a deposit that is held in trust. Generally speaking, when you have spent about half of your retainer funds, you will be asked to bring your balance back up or “replenish” your retainer. As with everything, the specifics of this are contained in your “Engagement Agreement.” At Freed Marcroft, you will receive frequent bills, so you will be up to speed on what’s happening on your case and can prepare in advance for a replenishment request.
The time your legal team members like lawyers and paralegals spend on your case plus court costs and fees will be deducted from the retainer amount that you have in trust. All charges against your retainer will be detailed in your invoice, so you will be up to speed on what’s happening on your case and how we are spending our time to move you forward toward your goals. No matter what, your funds will be in a trust account for you and remain your funds until we bill against them.
An average cost of divorce doesn’t tell you much at all about what your divorce will cost. (That said, those Ascent figures do emphasize the point that whether you reach agreements or ask a judge to decide has a tremendous impact on the cost of your divorce.)
Freed Marcroft refunds any remaining unused retainer funds you have to you at the conclusion of your divorce or our representation.