Divorce Attorney's Fees and Costs
Divorce Attorneys Fees and Costs
Divorce attorney's fees and costs are among the top concerns for most family law clients. These questions are often asked alongside:
In this article, we will explore the typical attorney fees and costs in a divorce proceeding, the different types of fee options available to you, and how you can manage those costs effectively. We understand that fear of the unknown can be stressful, but we're here to provide foundational answers so you can make informed decisions. Let's get started.
Types of Divorce Consultations
Many divorce attorneys offer various types of consultations to prospective clients. We've previously discussed that a free consultation isn't necessarily beneficial just because it's free; it matters more whether it's informative. Typically, consultations fall into three categories:
1. Free Consultation
A free consultation can be offered either by phone or in person. During this consultation, the attorney reviews the basic facts of your case and provides general information about divorce law and procedure. What an attorney offers during a free consultation can vary depending on the attorney's approach.
2. Paid Consultation
A paid consultation is usually more in-depth and may last between one and three hours. In these sessions, the attorney charges either an hourly rate or a flat fee and goes into more detail about the case's facts and applicable law. These consultations often include the completion of forms to gain a better understanding of your situation. Afterward, you'll better understand potential fees, costs, and how your facts relate to California family law.
While a paid consultation offers more detail, it is not a substitute for ongoing legal representation, as facts can evolve and case complexities may change over time. At our family law firm, we offer a paid strategy session to our prospective clients. It is an in depth review of the situation and legal advice. Paid sessions are typically 1-1.5 hours.
3. In-depth Strategy Sessions and Review of the File
This type of consultation typically involves two or more sessions. The first session gathers basic facts, after which the attorney dives deeper by reviewing relevant documents and conducting any necessary legal research. This format is often used when a divorce case is already pending, and the client is seeking a second opinion before potentially changing attorneys. This provides clients with insight and direction without committing to a new attorney right away. We offer this service as well.
Attorney's Fees and Costs at the Start of Your Divorce Case
Divorce cases can be difficult to budget due to their unpredictability. However, that shouldn't stop your attorney from establishing a flexible budget that can adapt as the case progresses. Some things are more predictable, such as whether there will be a contested custody issue. Most couples have discussed these matters prior to filing, giving the client a general idea of what may lie ahead.
An initial budget typically includes:
- Preparation of the petition (or response)
- Filing or responding to the initial request for orders regarding:
- Child custody
- Child support
- Spousal support
- Attorney fees
For example, if we represent the father who is concerned about custody rights, and the mother threatens to seek full custody, we would prepare the necessary petition and forms to file the case. We may delay serving the papers until we gather the client's financial information to complete the preliminary declaration of disclosure. Once the petition is filed, we would prepare the "request for order" to schedule a court date and seek custody orders that reflect the children's best interests.
Could we provide a budget for this initial stage? Absolutely. Once the initial hearing concludes, we can revisit and adjust the budget as needed.
Attorney's Fees as the Case Progresses
Divorce settlements don't happen automatically. Often, spouses find themselves in prolonged disputes over custody, support, or property issues. At our firm, we leverage our experience and drive to resolve cases. When a settlement isn't possible due to the other spouse's unreasonable behavior, we make reasonable efforts to set the case up for trial or a hearing, where the court may order attorney fees against the other party.
Our strategy is to work with clients to define their goals, set realistic expectations, and, once the custody and financial issues are clear, make settlement offers that align with the facts and the law.
This approach helps manage attorney fees because one of three things will happen:
- The case settles, which makes everyone happy.
- Part of the case settles, reducing ongoing attorney fees.
- If none of the issues settle, we can show the court that reasonable attempts were made, and the other spouse's refusal violated Family Code 271.
We offer prospective clients various options, including a reasonable one-hour consultation. During that consultation, we will discuss your case in detail, including attorney's fees, and work with you to establish a budget that makes sense for your situation.