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How Much Does A Divorce Cost?

Divorce or dissolution of marriage cases can vary dramatically in cost depending on what is involved, complexity, and the amount of work that is required.

In a divorce in which the husband and wife already agree on all matters such as support, property, custody, and child support, a fixed fee may be appropriate, providing the case remains uncontested.

Since legal fees are partly determined by the services rendered, it usually is not possible to determine in advance the total fee for a case that has any contested issues.  In such a case, we would tell you our minimum fee, the amount of time we would credit you for that fee, and our hourly rate and fees beyond that should additional work be required.

Lawyers may not charge contingent fees in divorce cases.  Sometimes in a divorce the court may order the other side to pay all or some of the fees and costs incurred.

In addition to legal fees costs may be incurred.   At a minimum there is a filing fee, unless you can establish indigence.  For instance, the Miami-Dade County Clerk of Court presently charges $409 for the filing of a divorce plus a credit card processing fee.  There can be other court costs associated with issuance of a summons and otherwise.

Litigated cases usually entail costs associated with records requests, subpoenas, and depositions. Where child related issues or mental health issues are contested there may be costs associated with experts in the field and court appointed professionals.  Where financial issues are contested there may be costs associated with experts such as appraisers and forensic accountants.

If you need an estimate of the costs of a divorce please call us on (786) 539-4935 so we can identify the issues in your case and determine if your case qualifies for a flat fee or the amount of the minimum fee that will be required.

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What is an Uncontested Divorce?

An “uncontested divorce” is as the name suggests a divorce without a contest, an unopposed divorce or a divorce based upon an agreement. If a Husband and Wife can reach an agreement concerning the issues in their divorce case, and the agreement is consistent with the requirements of the law, they can pursue an uncontested divorce using a divorce agreement or through the Respondent filing an Answer and Waiver to the Petition. This is not the same things as a “simplified divorce” which has its own set of additional requirements such as both the Husband and Wife having to attend the final hearing.

If the parties go the uncontested divorce route, they can usually avoid the extra expense and extra stress commonly associated with a contested divorce and can usually get divorced from one another much more quickly than in a contested divorce case. In an uncontested divorce the parties can also benefit from being able to agree to terms that fit their lives best and their best interests rather than having terms that may not fit their lives so well imposed upon them by the Court.

If you are able to agree with your spouse on the issues in your divorce case such as: the distribution of marital assets and debts, alimony or the lack of it, children’s’ issues like time-sharing, parental responsibility, and child support calculated pursuant to the guidelines, you may be good candidates for an uncontested divorce. If you would like more information on the uncontested divorce process and to find out if it may be right for you please contact us to arrange a consultation.