Fees and Costs FAQs*

I don't want the divorce; why do I have to pay for it? We all have expenses for things that happen to us that we don't bring on ourselves. We don't ask to get sick, but if we use health care professionals, we have to pay our medical bills.

If you are involved in a divorce and choose to be represented by a lawyer, you must expect to pay for those services.

Why do lawyers charge the fees that they do? Lawyers are professionals who run a business with all the usual overhead. Supply and demand influence legal fees as they do the cost of most things. So lawyers who are in greater demand generally charge higher fees.

How much will my divorce cost? It's impossible to predict how much your divorce will cost, although your lawyer may be able to give you a range. The cost of the case depends on many factors, some beyond your lawyer's control. These factors include the kind of lawyer your spouse hires, how you and your spouse behave in the litigation and the court to which your case is assigned. Generally, the more things you and your spouse can agree on, the lower your fees will be.

Is there anything I can do to help keep the fees down? Yes. Be actively involved in your case. Take the time and trouble to learn what's going on. Follow your lawyer's instructions. Volunteer to help with the work whenever possible. Have reasonable expectations of your lawyer. Watch for ways to settle issues. Don't insist on fighting to the last drop of blood over small issues, or for a supposed principle. When talking to your lawyer, avoid long, detailed stories unless your lawyer assures you it's necessary information.

Can I make my spouse pay my fees? A court may order a spouse to contribute to the fees of the other spouse. If you get such an order, your lawyer will credit what is actually paid to your account. But seeking such an order does not change your obligation to pay the balance that you owe to your own lawyer. Also, many lawyers do not accept cases on the possibility that the other spouse will be required to pay the fee by court order.

What can I do if I can't afford the lawyer I want? Just as none of us can have everything we want or purchase things that we can't afford, you may not be able to afford the lawyer of your choice. In most communities, there is a wide variety of providers of legal services. Everyone should be able to find help at a price they can afford. There may even be another lawyer in the office of the lawyer of your choice who is quite competent to handle your case and whose rates are lower. For those who can't afford to pay any fees, free legal aid is available in some areas.

Will my lawyer wait until the case is completed for me to pay fees and costs? Not usually. Each month, law firms must pay their staff, rent, utilities and other operating costs. You can't realistically expect your lawyer to wait until your case is over to be paid. If you do not pay your lawyer when you are billed, the firm may have to borrow money to pay office expenses. If money must be borrowed to finance your divorce case, you should borrow it, not your lawyer. Although some lawyers will wait for part of their fee, especially if given some security, most will expect you to pay your fees as the case progresses, even if you have to borrow it.

Why does my lawyer charge me every time we talk on the phone? Abraham Lincoln said, "A lawyer's time and advice is his stock in trade." It's still true. Time on the phone is just as valuable as the other time your lawyer spends on your case. But there are several ways you can minimize fees for phone calls. Accumulate several questions, write them down, and ask them all during one call. When giving your lawyer information, it may be more efficient to give it to a secretary or to send it in writing. Nonetheless, every person and every case is different. If you need the reassurance and are willing to pay for it, it might be worth it to you to call more often.

What if I can't pay for appraisers and other experts? If you don't have money to hire experts, you may have no choice but to proceed without experts. It may also be possible to get a court order for expert's fees to be advanced by your spouse or from marital property. In any event, it is not your lawyer's obligation to pay for experts which might be needed on your case.

Why do I have to pay a lawyer to force my ex-spouse to comply with the marital settlement or judgment? No one can guarantee that your spouse will honor agreements or court orders. Courts will enforce orders if an appropriate request is made, but it is not the lawyer's responsibility to provide enforcement for no fee.