According to Martindale-Nolo research, the average hourly rate for a divorce lawyer was $270 and the average total cost for legal fees per spouse was $11,300 (though the median was $7,000). However, not all attorneys charge the same hourly rate. In fact, the research found the following:
An uncontested divorce or one with no major contested issues costs, on average, $4,100.
Divorces that go to trial are significantly more expensive due to the added legal fees involved. A dispute over alimony, or spousal support, also adds substantially to the price tag -- even more than child-related disputes.
There are many factors that contribute to the overall cost, including whether you're looking at a contested or uncontested divorce, whether you hire a divorce mediator, the law firm you choose if you need an attorney, and others.
And some older studies have shown that divorce causes an average 77% drop in wealth.
Editor's note: If you have specific or technical questions about divorce cost, consider seeking legal advice.
Despite that drop in the rate, this still means hundreds of thousands of people per year end a marriage -- 782,038 in 2018.
Typically, hourly fees range from anywhere between $50 to upwards of $700. Keep in mind that an attorney’s hourly rate is not necessarily a reflection of how good of a lawyer they are.
The price to hire an attorney might seem steep, but it is a decision that can end up saving you in the long run. An experienced family law attorney can ensure that your rights are protected and that you are not taken advantage of in family court. Click here to get in touch with a Cordell & Cordell divorce lawyer in your area.
The first part of the total bill for a divorce lawyer is the hourly rate. Our survey showed an average rate of $270 an hour for divorce lawyers across the United States, but individual rates varied a lot. Although nearly seven in ten people (69%) paid between $200 and $300 an hour, about one in ten (11%) paid $100 per hour, and two in ten (20%) paid $400 or more. Our separate study on hourly rates reported by family lawyers across the U.S. showed significant regional differences, with the highest rates reported by attorneys in large cities on the coasts. The same study also showed that rates were higher for more experienced attorneys—no big surprise there.
In our survey, the median total for attorneys' fees was $7,000. It may also help to know that more than four in 10 people in our survey (42%) paid $5,000 or less in attorneys' fees.
Nolo is in a unique position to gather information about what actually happens in divorce cases across the country. Thousands of people visit Nolo.com and other Nolo sites every day, seeking legal information about divorce and looking to connect with divorce attorneys.
More and more divorcing couples are turning to mediation as a way to save money—as well reduce the conflict and stress of divorce. You can use divorce mediation in a wide range of circumstances. For example:
We conducted a national survey of people who had recently been through a divorce to ask them details about their experiences. As a result, we were able to analyze the connections between their costs and some important features of their divorce cases. We then supplemented our survey results with independent research into fees charged by divorce lawyers, mediators, and online divorce services.
In our survey, people who handled their divorce without hiring a lawyer had an average of $925 in costs, not including the cost of mediation. More typical, however, was the median cost of $300. Let's look at what went into those expenses, as well as mediation fees.
Some states require mediation (or allow judges to require it in individual cases) when couples have filed for divorce but haven't come to an agreement about certain issues—especially child custody.
On average, the readers in our survey paid their divorce attorneys $270 per hour. But that’s the overall average across the country. Hourly rates can vary significantly, depending on the attorney’s location, years of experience, and any specialized training or certifications. See the results of our separate study on hourly rates for family lawyers across the country for details about rates reported by attorneys in different states and metropolitan areas, as well as their policies on offering free consultations for new clients.
Each spouse's average bill for attorneys’ fees in divorce was $11,300, although more than four in ten readers paid $5,000 or less.
Why do some divorcing couples have higher costs than others? When there are difficult disputes to resolve in a case , the fees can get very expensive for experts like custody evaluators and forensic accountants (to trace, value, or divide assets). In our survey, readers paid an average of $1,600 in non-attorney costs when they had at least one contested issue but managed to settle their disagreements; that average jumped to $2,750 for those who went to trial on at least one issue.
In our survey, the average for all of these costs was $1,580 for each spouse's share. However, that average was pushed up by the relatively small proportion of readers (10%) who had very high costs ($5,000 or more, in addition to their attorneys’ fees). The median amount of non-attorney costs was $500.
There are several reasons divorces can take a long time, including the number and type of contested issues, combative spouses (or attorneys), the amount of time needed to gather evidence about things like complex finances or custody issues, and whether you go to trial.
Attorneys generally bill you (usually increments of six to 15 minutes ) for everything they do in connection with your case, including: every communication you have with them (whether by phone, text, or email), from quick status phone calls to dealing with your email about who gets the Instapot.
communicating with your spouse’s attorney (or directly with your self-represented spouse) and anyone else involved in the case. reviewing documents and performing research. discovery (such as requesting documents or other information and conducting depositions) drafting settlement agreements.
The hourly rate a lawyer charges can vary greatly. They may bill anywhere from $0 to $2,000 or more per hour. Where the lawyers legal fee lands in that range depends on many factors, including: The type of case; Experience; Ability; Notoriety; The amount of time the case may take; Travel costs;
This is due to the fact that this attorney has a greater grasp of the law involved, has built more relationships, and is able to accomplish legal tasks more efficiently than a newly practicing attorney.
It is important to obtain an hourly fee arrangement in writing to ensure bills are being properly generated as agreed.
An attorney’s reputation is also an important factor in determining their hourly rate. It is common for attorneys from larger, more reputable law firms to bill at higher hourly rates than attorneys at smaller, lesser known firms. Additionally, if an attorney is known for representing high-end clientele, they may bill at a higher hourly rate ...
Legal representation may be expensive, and each lawyer charges a different fee based on many factors. In general, hourly billing is the most common type of fee arrangement used for legal services.
Some of the most common factors that influence an attorney’s cost include: Experience; Reputation; Jurisdiction; Area of law; and. Type of case. Experience is generally the factor with the greatest influence on an attorney’s hourly fee.
In many cases, especially in criminal matters, can mean the difference between a harsher sentence and a lesser sentence. There are many options for getting the legal assistance you need.
The Top 10 States for Lawyer Hourly Rates. Just as it did last year, the District of Columbia has the highest lawyer hourly rate, an average of $380, up 8.4% from 2019, when the average was $348. After D.C., the top jurisdictions are, in order, New York at $357 (+3%), California at $338 (+4.4%), Delaware at $333 (+7.2%) and Nevada at $312 (+1.2%).
Attorneys in states with the largest increase in rates include Wyoming at $251, up 9.9% from the previous year, and Iowa at $175, up 9.1% from the previous year. However, one could argue that with such low rates for Iowans with a bar card, there was optimistically no place to go but up.
Only two practice areas among the top 10 saw decreases in hourly rates: Tax and Civil Rights/Constitutional Law. Other practice areas that logged a dip include Traffic Offenses (-11.7%), Elder Law (-10.4%), Appellate (-8%), Medical Malpractice (-4.1%) and Insurance (-5.1%). Those decreases make sense when you consider how the pandemic influenced supply and demand. Fewer people driving and the serious shutdown of court services made it difficult to generate or push work forward. When the country is able to open up, I suspect those rates will recover.
As many professionals learned firsthand that they could work and successfully operate a business remotely, it will be interesting to see how attorneys’ and staff’s relocations impact both state and practice hourly rate data.
What this means is that 2020’s hourly billing data is a market reaction, but not necessarily a definitive trend. “This creates a huge period of flux for the profession,” Psiharis said. “It affects rates and the structure of firms. We see that cloud-based, client-centered firms outperform their peers, particularly those who have a CRM system for online intake, those who accept online payments, and those with cloud-based portals to increase access to clients.” Firms with those systems in place were able to pivot easier and took less of a hit than their peers, he said.
Attorney fees typically range from $100 to $300 per hour based on experience and specialization. Costs start at $100 per hour for new attorneys, but standard attorney fees for an expert lawyer to handle a complex case can average $225 an hour or more.
Hiring a lawyer on a flat-rate basis to create a simple will costs $300, while a will for more complex estates may be $1,200 to write.
An attorney retainer fee can be the initial down payment toward your total bill, or it can also be a type of reservation fee to reserve an attorney exclusively for your services within a certain period of time. A retainer fee is supposed to provide a guarantee of service from the lawyer you've hired.
Avoid disagreements with your attorney about how much you owe by taking the time to review your attorney fee agreement carefully. You may also hear this document called a retainer agreement, lawyer fee agreement or representation agreement. Either way, most states require evidence of a written fee agreement when handling any disputes between clients and lawyers. You must have written evidence of what you agreed to pay for anyone to hold you accountable for what you have or have not spent.
At first glance, flat-rate legal services seem to be a complete package deal so that you don't pay more for your case than is necessary. However, if you don't comply with every single term listed on the flat fee contract, then your attorney still has the right to bill you for additional costs that may come up in your case. For instance, a flat fee lawyer working on an uncontested divorce case may still charge you for all court appearances. Plus, they may also only offer the flat fee if you have no property issues and no child support issues either.
If you lose in court, you may still have to pay for the lawyer's expenses. Many cases such as those involving child custody or criminal charges are not eligible for a contingency fee structure.
Legal aid billing rates are more affordable if the law firm has a sliding-scale payment system so that people only pay for what they can reasonably afford. Seeking out fixed fees in legal aid agencies is the best option for those in desperate need who cannot otherwise pay for a 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.
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.
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: