Determining the Cost of Your Divorce

By admin, January 11, 2015

Marriage and divorce are both expensive. Online services like Divorce are in high demand as the national average cost for a divorce hovers around $27,000.

There are factors that influence the cost and knowing them will help determine where a divorce lands on the cost scale. Review your situation considering the following four areas that affect divorce costs.

1. Your Location

Your location determines the market for attorney fees. Divorce is more expensive in New York City than in a small Arkansas town.

Divorce is handled by hourly fee arrangements. Small town attorneys commonly charge $150 to $200 an hour, but in large cities, those fees may spike up to $500 an hour. Fees are always disclosed in your initial consultation so you will not go into an attorney-client relationship unaware.

2. Amount of Conflict

Couples proceeding amicably with more agreement demand less from attorneys. This leads to a less expensive divorce. Making some agreements before filing can shorten the lifespan of the divorce process and conclude it with less expense.

When disagreement arises, consider mediation over litigation. Courtroom battles require extensive divorce lawyer preparation time and demand more of your money. Mediation allows for discussion and negotiation with assistance to help you see where you and your partner agree. While a litigation battle can cost close to $50,000, people who decide to mediate pay much less, normally no more than $7,000.

Conflict is likely even with the most agreeable of people. While reducing it will save costs, managing it effectively will offer the same effect.

3. Presence of a Prenuptial Agreement

Having a prenuptial agreement can help and hinder divorce costs. If it is well-drafted and fair to both parties, it will smooth out divorce proceedings, end them sooner, and reduce costs. However, an unfair or poorly drafted prenuptial agreement can draw out a divorce and make it more expensive.

If considering a prenuptial agreement, be honest and disclose all assets. Arrange for both of you to meet with separate attorneys. A fully informed and fair agreement is enforceable, but if there is evidence of fraud, coercion, or unconscionable provisions, you will waste money defending it and likely have it considered unenforceable anyway.

4. Extent of Assets

This is another common sense factor. A divorce involving two people with no real estate and separate debt will always be easier than those that include a family home, a closely-held business, investment income, or other substantial assets. The more you own, the more you can expect to pay in attorney’s fees for a divorce.

Although these factors offer clear guidelines, there is no guarantee on the cost of a divorce. You could have more or less conflict than anticipated or run into unforeseen legal barriers. The best way to control the costs of your divorce is to set realistic expectations and keep clear communication with your attorney. The fewer items that complicate the process, the less you will have to pay to complete it.