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| Divorce and Legal Fees |
By Maury D. Beaulier, Esquire
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HOW MUCH WILL THE DIVORCE COST
It is difficult to determine how much a divorce will cost. However, after reviewing the
likely issues, your method for resolving those issues, and hearing your philosophy of
the case, a lawyer may be able to give you a range of expected expenses.
Controlling the expenses in a divorce, however, is no easy task. Many of the factors
contributing to legal costs are outside of your lawyers control. The personality and
philosophy of the your spouse's attorney can affect the ultimate path that your
divorce takes. Additionally, the ability of the parties to cooperate and communicate
may also have a significant impact.
WRITTEN RETAINER AGREEMENTS
Your attorney is required to provide you with a written retainer agreement identifying
the costs and hourly fees that will apply to your case. It is important that you read this
document carefully and ask questions regarding any unclear issues. Signing a
retainer agreement does not mean that you cannot fire your lawyer or that your
lawyer cannot withdraw from the case. You may change lawyers at any time. The
retainer agreement, however, will memorialize the terms of your billing relationship
with the attorney. Once you have signed the retainer agreement, it is a legally
binding and enforceable contract. Always keep a copy of your retainer agreement
for later reference.
FLAT FEES
Fees charged by lawyers can vary from state to state and county to county. You may
find a lawyer who charges a fixed flat fee for motions after a divorce or for
uncontested proceedings where the parties have reached an agreement. In such
instances, the amount of work which must be performed by the lawyer can be easily
determined. This is a favorable payment method since you will know at the outset the
total cost of the proceeding which will allow you to budget accordingly.
HOURLY FEES
In most contested cases, you will find that lawyers will bill out their time at an hourly
rate. Although rates vary, you may expect your lawyer to bill out services at an hourly
rate between $75 and $250 per hour. Reduced hourly rates may apply to services
that are performed by associate attorneys, paralegals, law clerks or legal assistants
in your attorney's office. Hourly rates are influenced by your attorney's legal
experience, reputation and the demand for his/her services.
MINIMUM FEES
Lawyers may also charge minimum fees for specific services that are billed out as
part of the divorce proceeding. For example, drafting a Motion or a Petitioner may
be billed out at a flat rate of $200. You should discuss with your lawyer any minimum
fees that may be applicable to your case.
MINIMUM BILLING INCREMENTS
Your lawyer may also bill out services based on a minimum billing increment. For
example, your lawyer may bill out his or her time in twelve minute increments or two
tenths of an hour. That means for any service no matter how short, the lawyers time
is rounded up to the nearest twelve minute increment.
COSTS
In addition to your legal fees, you may be required to pay any costs that are incurred
by your lawyer that are associated with your case. Costs may included charges for
any filing fees, copies, mileage, faxing, service of papers, postage and parking. It is
important for you to review and understand the costs that you are likely to incur.
EXPERTS
You may also be required to cover any costs related to necessary experts. Experts
may be used to provide medical testimony or appraisals of real estate, business
assets or personal property. Independent custody evaluators may be hired to
perform a custody study or vocational experts may be necessary to determine what
financial support is necessary. The need for experts depends greatly on the issues
of your case. You should consult with your lawyer regarding the potential need for
experts in your case and an estimate of the costs.
RETAINERS
Your attorney may request a "retainer fee". This is an advance payment against
which any hourly fees and/or costs are assessed. The retainer is a form of security
deposit to ensure payment of future legal fees.
PAYMENT ARRANGEMENTS
Most lawyers will require you to remain current on your legal fees. The reason for
this, is that each month the lawyer must pay offices expenses related to rent, payroll,
advertising and other overhead. Some attorneys may even require a new retainer
when the original retainer is exhausted. If you are unable to remain current, you do
have options that can be discussed with your lawyer.
Security for Fees
You may secure your legal fees by providing a lien against a marital or non-marital
asset. Be sure to review any agreements related to security interests carefully.
Moreover, if a security interests relates to real estate, it is necessary for your
attorney to inform you that you have the right to have the agreement reviewed by
separate counsel.
Wage Assignment
You may also suggest to your attorney a wage assignment which ensures a
consistent monthly payment toward your legal fees.
Credit Cards
Most law offices will accept credit card payments.
ABOUT THE AUTHOR
Over the past twelve years, Maury D. Beaulier has developed a large and active family law practice which includes mediation and collaborative law.
Mr. Beaulier has been described by his clients as "skilled", "aggressive" and "dedicated" to resolving complex and emotionally charged disputes. Mr. Beaulier is
licensed to practice law in the States of Minnesota and Wisconsin as well as the Federal Courts in Minnesota and the Western District of Wisconsin.
Mr. Beaulier is also a member of Minnesota's Collaborative Law Institute helping to develop new procedures in family law case.
He can be contacted by phone at (612) 240-8005 or or Visit Web Site
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