Hiring an attorney for your divorce settlement can be expensive in the United States. The cost may remain at around a few thousand dollars if both parties agree to the terms of the divorce and file the petition to the court, however, if the terms of the divorce must be negotiated for both parties in discussions and if there is need for litigation, the cost can be even more expensive. First, talk to your attorney about what you hope to get out of the divorce. During the consultation, you will be suggested how much it may cost depending on how the divorce will proceed to help you achieve the outcome you want.
When you hire a lawyer for your divorce in the United States, detailed information about the legal fees and how it will be calculated will be written in the contract, so it is important to read it thoroughly. When signing the contract, make sure to clarify any unclear issues to the best of your ability and state your desired budget. However, note that if the results you want to achieve and the number of hours required are not compatible, it may be difficult to fit your needs within that budget. Be sure to contact your attorney if the budget is your priority. It is also possible to claim legal fees from your spouse depending on your financial situation, so include this in your list of things to check with your attorney.
In divorce cases, legal fees are generally calculated as followed:
How legal fees are calculated
In a divorce case, fees paid to your attorney are usually calculated based on “the lawyer’s hourly rate X the time required to handle the case”. Time spent usually includes not only the time spent appearing in court and preparing documents but also travel time and time spent responding to emails and phone calls with the client. Generally, the fees will be higher the more complicated the dispute is to settle.
When lawyers calculate billable hours, they will often round up to the nearest whole number. When asking your lawyer questions by phone or email, consider whether a question is necessary and whether you can clarify everything all at once. This could potentially save you some money.
Example: If the consultation fee is set at $20 for 15 minutes, a 5-minute consultation will also be charged for $20.
Legal fees in Massachusetts
In Massachusetts, hiring an attorney for your divorce case will cost you at least several thousand dollars in total. The following website puts the total cost of a typical divorce in Massachusetts at around $10,600 to $12,800. For more information, visit the following website.
Reference: Lawyer.com
Payment Process
Payment will start first by paying the retainer fee (advance payment) to the law firm, which is based on the estimate of your case. Whenever your lawyer attends court hearings, prepares documents, responds to emails and phone calls, and other necessary work, billable fees are calculated based on the hourly rate and are deducted from the retainer. If the retainer is depleted before the case has been settled, you will be asked to pay additional retainers based on the estimated time remaining necessary to complete the settlement. Your lawyer will send to the client a written statement of costs showing how much money has been spent per month on the case if requested.
If you cannot afford paying for legal fees or if there is domestic violence involved, if it is not a complicated divorce case, there may be lawyers who are part of legal aid programs that would be willing to help you draft a divorce agreement for free. If any of these circumstances apply to you, please contact a JB line social worker.