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Contents How much will my divorce cost? Unfortunately, it is impossible to estimate how much a divorce will cost beforehand. The legal fees in a divorce proceeding will vary depending upon whether there are children of the marriage, the complexity of the parties' financial holdings, and the parties' willingness to settle disputed issues. The simplest, relatively uncontested divorces can cost from $3,000-$5,000. Complex or contested divorces can be much more expensive. The best way to save money in a divorce matter is to minimize court appearances and resolve disputed issues by negotiation and settlement. It is also helpful to be as responsive as possible when your attorney asks you to provide financial information. You should monitor your attorney's monthly bills carefully, and feel free to ask questions if you are uncertain about any charges. Finally, it is important to contact your attorney as soon as possible if you develop a problem in paying your legal fees. It is up to you and your attorney to determine how your legal fees will be paid. Before commencing work for you, your attorney will prepare an agreement detailing the scope of services that he or she will provide for you and your financial responsibility for paying legal fees and costs. You and your attorney will both sign this agreement, and you should keep a copy of it. Most family law attorneys charge an hourly rate for their services and bill on a monthly basis. Fees for legal services are often billed in increments of one-tenth of an hour. The hourly rate covers legal services such as court appearances and the preparation of court papers, but also correspondence and telephone calls with a client or opposing counsel. Since you will generally be charged for telephone calls, it is important to be organize your thoughts before calling your attorney, and keep unnecessary discussions to a minimum. Most attorneys also require an up-front deposit, or retainer, before commencing work on your case. These retainers are generally held on account and applied to the legal fees incurred by your attorney. Can the court order my spouse to pay my attorney fees? There are various situations in which the court may order your spouse to reimburse you for all or part of your attorney fees. The most common is where your spouse has a significantly higher income or greater assets than you. Such an attorney fee award will often be made at the initial court hearing along with a determination of interim child support and other issues. The court can also order your spouse to pay attorney fees if it finds that your spouse has been uncooperative or unwilling to reasonably settle your divorce proceeding. Finally, if your spouse has failed to pay child support, the court is required to order him or her to pay your attorney fees when you go to court to enforce the child support obligation. |
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