How Much Should My Divorce Cost?

If you clicked on this article, you were probably hoping for a short answer to the question “how much should my divorce cost?”  Unfortunately, no one can answer that question with any kind of specificity.  The shortest and cheapest divorce that I have personally completed cost my client approximately $600 and was completed in under a week.  On the other hand, I have also completed a divorce that ended up costing my client well over $100,000 over the course of years.  That is a massive span in possible costs and time to complete.  Keep reading if you want to know what may influence the cost of your divorce. 

The absolute most cost effective way to finalize a divorce would simply be to complete the process yourself, without an attorney, through the use of the prepared court packet.  There are many people that can go down this road without issue.  I typically don’t recommend this option for a number of circumstances such as: 

1. If there is any disagreement as to language used, the resulting legal steps to resolve the disagreement may be much more complicated due to missteps taken previously.  This can leave you vulnerable or result in incurring much higher legal fees in the long run. 

2. If there is any property (including debts) or children, I would highly advise against the solo route even if there is complete agreement.  If there is an attempt to complete even an amicable divorce when there is property or children in play, there is an excellent chance that you may lose a legal benefit and/or that the agreement is not appropriately written. Fixing errors done due to lack of understanding may not be possible quickly, if at all,  and may end up costing you more money than if you started the process with counsel to begin with.

3. If you do not fully understand the court provided documents.  There is no one that can explain the documents to you so a misunderstanding or no understanding can cost you big.  The clerks at the court are only permitted to give you guidance as to how to file, not what to file or what anything means.  There are terms that may not be understood fully which may result in unintended consequences. 
   

If you feel that the solo route is the right option for you, you should still try to protect yourself.  There are many attorneys who will allow you to retain their services for advice or drafting services only.  These services are usually done on a flat fee basis rather than open-ended hourly contracts.  This limits your exposure by at least allowing you to make informed decisions and limits the amount spent on legal help.

  Assuming that you decide to go down the route of hiring an attorney, you should meet with the attorney before being asked to sign anything.  Some law firms offer free consultations, but it is not unusual that consultation fees are requested.  No matter what, you should feel comfortable speaking with the attorney, you should never be nervous to ask the attorney any question you feel necessary.  Make sure that you do not waste your limited time with the attorney by getting answers to the following questions:

1. What do you think you would do with my case? 

2. Are there multiple options?

3. Is there anything I can do to reduce my costs? 

4. How much will the initial retainer payment be? 

5. What does that retainer fee pay for?

6. How much will I be charged per hour by each employee of the firm? 

7. Will I be charged for any other expenses? 

Answers to these questions will give you a much better understanding of overall cost than just knowing what the initial retainer fee request is.  If anyone cannot or will not answer these questions, you have to use your judgment about whether that is acceptable. 

Hiring an attorney is the first financial decision that you will make, but it is far from the last.  Disagreements about custody and refusal to be open and honest about property are the two factors that increase the cost of litigation the most.  Not only because they are important issues, but because they are often heated issues.  You may also want to argue over smaller issues like the basic houseware items.  It is important to understand that if you decide to file a Motion with the court about who is going to keep the “good” bedroom set, you could have very likely simply purchased a new bedroom set all your own rather than paid legal fees for the old set.  

Essentially, every choice you make when it comes to legal actions will have a corresponding effect on cost.  It all boils down to the more amicable you can be, the more affordable divorce can be.  Alternatively, the more aggressive you want or need to be, the more everything will cost.  No one can realistically give you an estimate for your divorce, but you are somewhat in control of the spending.  Don’t be afraid of being open and honest with any attorney you speak to about costs.

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