A divorce can cost anywhere from a few hundred dollars per person if the couple have an amicable split, to tens or even hundreds of thousands of dollars for a contested divorce. A survey by the legal site Nolo that found the median cost of attorney’s fees for a divorce with a lawyer in 2019 was $7,000, and the average was $11,300. Lawyers in metropolitan areas and major cities tend to charge more than those in rural areas due to cost-of-living factors, and a contentious divorce will cost much more than one where you and your spouse have reached an agreement before you even knock on a lawyer’s door.
How Much Does a Divorce Lawyer Cost?
You’ll pay more if your divorce is a complicated case that’s going to require a lot of your lawyer’s time, but some general rules of thumb can apply. “If you’re lucky enough to be going through an amicable divorce and all you need to do is file the paperwork, you’ll probably only need to spend a few hundred dollars,” said Ben Michael, an attorney with Michael & Associates in Austin, Texas. “If, on the other hand, you want the services of a good lawyer to help you navigate the untangling of assets and the splitting of custody, you’re probably looking to spend somewhere between $3,000 and $5,000 upfront, and another few hundred dollars per hour as the case progresses."
What Does a Divorce Lawyer Do?
Divorce laws and procedures can vary from state to state. A lawyer can fill you in on the laws and rules in your area, and help you understand how they’ll affect your particular case. Below, find the information you need to know before working with a divorce lawyer.
Paperwork
They’ll file the complaint or petition for divorce, or they’ll respond to a complaint or petition that your spouse has already filed. Numerous other documents will most likely have to be filed with the court as your divorce case progresses.
Discovery
Discovery in legal terms is the gathering of all pertinent facts and information. This can include appraisals and something called “interrogatories,” which requires that your spouse answer a list of detailed questions regarding assets, debts, and other pertinent issues.
Mediations and Settlements
A parenting plan must be worked out if you have children, and custody and parenting time are at issue. This can include mediation; your lawyer will prep you in advance so you can get as much out of the process as possible. Your lawyer will attend settlement conferences with you so you don’t have to wing them on your own. They then will appear in court on your behalf if your divorce case requires that motions must be filed, or it becomes contested so a trial becomes necessary for a judge to decide issues between you and your spouse. “A divorce lawyer can act in a limited or broad scope,” said Mark Cassell, a partner with Twyford Law Office in Spokane, Washington. “Our goal is to always listen to our clients and determine how we can accomplish their goals, and many times within their budget, because that is a real constraint for many families.”
Do You Need a Lawyer To Get Divorced?
You’ll want to have someone on your side to look out for your interests unless you’re divorcing after a very short marriage that involves no assets, debts, or children. Otherwise, you’ll probably need a divorce lawyer even if you are a lawyer, because divorces can be a very emotional and contentious ordeal. You may not always be thinking clearly throughout the process, and the stakes can be high. You’ll also want someone to investigate whether your spouse is concealing any assets, such as retirement accounts.
How Do Divorce Lawyers Charge for Fees?
Just as there’s no universal, coast-to-coast number as to what a divorce lawyer will cost, there’s no single format that every attorney uses to assess their fees. However, some arrangements are pretty common. Some lawyers will charge you by the hour for their services, but in most cases, they’ll require that you pay a retainer fee upfront. The money typically is placed in a special trust bank account, then they bill their time against the fee. They’ll pay for any court and other costs from the money, too, such as a filing fee for your divorce complaint or petition and appraisal fees. For example, your lawyer might ask for a $5,000 retainer and perform services for you at an hourly rate of $300. They might devote 12 hours to your case in the first month. That totals $3,600, so your available retainer fee will drop to $1,400. You may have to put down another retainer fee if the first one runs out before your case is finalized, but divorce lawyers often can gauge upfront how much time they’ll have to invest into successfully ending your marriage. You should receive a statement every month showing what’s been billed and subtracted from your retainer fee.
How To Pay for a Divorce Lawyer
Ideally, you and your spouse can reach an agreement to divide up any available cash you might have saved, or your family may be able to loan you some money. Just be sure to document what you did, and sign a notarized statement confirming that you both consented to this option. Some divorce lawyers accept credit cards, or they may be willing to let you make monthly payments rather than put down a retainer fee. You might be eligible for legal aid if your personal income is low or nonexistent, or your divorce lawyer might be able to petition the court to ask that your spouse pay for your share of the legal fees, if this is permissible in your state.
How To Find a Divorce Lawyer
You could ask for friends’ suggestions if they feel like they came out of their divorces in pretty good shape. You might also ask another attorney who practices in a different field for their recommendation. And, of course, there’s always the internet. Search for lawyer referral sites online and read—really read—what they say about themselves and what others post about them.
The Bottom Line
Divorce can be an expensive undertaking depending on the extent of your assets and debts and whether you have minor children, but it doesn’t have to be prohibitive. Ask any lawyer you’re considering whether they offer payment options and will work with you. Reach out to legal aid in your area to find out if any programs are available to you. But don’t try to represent yourself unless you’re very, very sure you have nothing to lose.
