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Controversial issues related to property division, alimony and child custody can quickly rack up legal fees. Furthermore, fights over custody and visitation take time and money as do hiring experts such as forensic accountants or custody evaluators.
Utilizing attorneys to settle issues and avoid litigation can reduce costs significantly, according to Nolo’s survey, respondents who hired divorce lawyers and had them manage all aspects of their case on average paid an estimated total of $11,300 in attorneys’ fees.
If both parties involved agree on all issues concerning your divorce, an uncontested one may be significantly less expensive due to fewer disagreements surrounding child custody, support, or property division in these instances.
Uncontested divorce costs mostly consist of court filing fees. These vary by state and county and often depend on income levels; spouses who qualify may seek fee waivers to reduce costs further.
Photocopies, notary fees, mailing costs, process server fees and judge’s funds may all be necessary expenses when filing an action in court. As these fees vary depending on where your case will be filed it’s best to contact the clerk’s office of your court to find out exactly which fees pertain to it.
Assuming your divorce takes longer and is more complex, legal fees tend to increase accordingly as negotiations between spouses take more time to resolve disputes and settle differences. Contested divorce cases may also necessitate additional experts or investigations which add further expenses for your case.
Most couples elect for “full-scope” representation by hiring an attorney to handle all legal aspects of their divorce case, from prenuptial agreements through appeals proceedings and appeals hearings. Our survey revealed that readers who hired their lawyers as full-scope representatives paid on average around $11,300 (not including what their spouses may have spent for separate legal representation).
Divorcing without legal representation may be possible, but is generally not advised. Most individuals who represent themselves end up with less-than-ideal settlement, custody and support terms as a result of pro se litigation; furthermore, any mistakes committed could easily exceed initial cost associated with hiring an attorney for this process.
Remember, too, that a contested divorce tends to be more costly than uncontested one – even when both parties are represented by legal counsel. Contested divorce requires both spouses and their attorneys to present evidence before a judge that will help decide how assets from the marriage should be divided, whether domestic violence occurred and so forth. Hiring an accountant or expert to analyze financial documents that the spouses will provide to the court can also be costly; this may become necessary if either spouse alleges that their partner is hiding assets or understating income. If you are in need of a divorce, it’s wise to meet with an experienced family law attorney for a consultation session. At this meeting, they will outline any potential legal costs and payment arrangements to best fit your budget and needs. To find out more about the New York divorce process contact Trotto Law Firm P.C.