How Much Will This Cost?

People going through divorce have very different opinions about:

  1. Who is at fault.
  2. Where the children should reside.
  3. What sort of parenting access each parent should enjoy.
  4. What is a correct and appropriate amount of child support including the way people will divide “add-ons” like medical and dental expenses, school, camp, and extracurricular activities.
  5. Whether or not one party should receive spousal support (for example, for what duration and in what amount.
  6. How the assets should be divided, including whether or not the residential custodian should be allowed to remain in the marital home until the children go to college.

As a result, an educated, capable, experienced attorney’s services are needed to advocate, and those services do cost money.

Divorce lawyers bill for the time they expend in a legal matter on an hourly basis. Time expended includes:

  1. Drafting correspondence and legal documents.
  2. Telephonic conferences with client, adversary and the Court (as well as with experts and attorneys for the child or children).
  3. Personal appearances in court and at examinations before trial.

Their hourly rate is often based on their degree of expertise as well as the demand for their legal services. They also typically require a “retainer” which is an “up-front payment” to cover a certain number of hours of work, paid in advance.

My current hourly rate is $400 per hour for time expended in any legal matter which I believe is fair and reasonable based upon my qualifications and experience. Depending on the issues presented and complexities of the matter, my retainer will typically range from $10,000 to $20,000 (or 25 to 50 hours of work).

I operate a small law firm and in order to provide each client with proper service and attention, a significant commitment on my part as well as the client is required at the outset of our representation. Depending on the individual client’s goals, I can usually estimate whether this retainer will cover the total cost of the case or whether they will exceed the retainer, and by how much.

WHO PAYS FOR THIS

An agreement to retain a divorce lawyer must be in writing and the contract is between attorney and client. Thus, the client is ultimately responsible for the payment of our firm’s fees. However, there is a substantial body of law in New York State which provides that the “monied spouse” pay the “non-monied” spouse’s legal fees.

If we believe that a client qualifies for an award of legal fees, we will make a formal application to the Court for an Order directing the payment of our fees by the other spouse, however, this is by no means a guarantee and the results of these applications vary dramatically in every case.

COSTS AND DISBURSEMENTS

In every divorce case, there are certain court costs and calendar fees which typically run about $335.00.

Process servers are also often required to serve legal documents on individuals. They charge between $75.00-$150.00, depending on the difficulty and time constraints of the service.

Court transcript fees and court reporter fees can range in price from $50.00-$1000.00 depending on whether lengthy examinations before trial are conducted. These are not necessary in every case.

EXPERT FEES

Experts are sometimes required to value marital assets such as:

  1. Real Estate
  2. Closely held businesses
  3. Personal property (art, antiques, jewelry)
  4. Enhanced Earnings Capacity (educational degrees and/or licenses obtained during the marriage which are considered “marital property” subject to equitable distribution in New York State).

These fees are not part of the legal fees paid to our law firm and in certain instances, can be substantial.

If custody of a child is in dispute, this often involves the appointment of an Attorney for the Child and a Forensic Psychologist, which can significantly increase the “add-on” expenses of a divorce proceeding [refer to Section “Protecting Your Children” for further information].

A PRACTICAL APPROACH TO COSTS

I have always taken the approach that clients should factor in the costs of the dispute after determining what is at issue. It makes no sense to spend tens of thousands of dollars fighting over a five thousand dollar item. However, when the welfare and safety of one’s children are at issue, there is no way to place a value on that.

Unlike many law firms, I do not bill for items like ordinary postage, small photocopy jobs, phone calls that last a few minutes or travel expenses. I believe that these are costs of doing business and not additional “profit centers”. I simply ask that the clients not abuse these courtesies which I extend.

Naturally, if overnight mail or messengers are required, these disbursements will be the client’s responsibility.

I always keep in mind that when a client spends money on my legal services, it should ultimately be a good business decision.


 
LEARN MORE ABOUT OUR PRACTICE: