The Average Attorney Fees for Divorce

How much will a divorce attorney run me?

Attorney fees for a divorce vary from state to state and from attorney to attorney. The more years of experience an attorney has, the more he can charge for fees. Most attorneys self-regulate fees based on what their colleagues charge. For example, if attorneys with 20 years of experience charge $350 per hour, the rest of the attorneys base their fees on experience accordingly.

Function

Attorney fees for divorce are used for the attorney’s services. The attorney’s services include not only her services, but her support staff’s services. A board-certified attorney also charges higher than a non-board-certified attorney. A law office functions better with support staff. This costs the client more in fees, but it also ensures that the client’s case moves through the system at a faster pace. Attorney fees cover all overhead such as building rent, equipment rent, receptionist services, paralegal and legal assistant services, and utilities, among other law office overhead costs.

Types

Attorneys charge for two types of fees. The actual fees are for the attorney and his overhead. A separate charge is also requested when you initially retain an attorney. This fee is called “costs.” The cost fees cover cost of copies, postage, service costs (for the process server) and the filing fee for filing your divorce action with the clerk of court. Costs vary from state to state, depending on what the cost is to file a divorce action.

An attorney usually charges a base retainer fee based on the type of divorce case. If you expect the case to settle, the retainer may be low--between $1,000 and $2,500. For cases that are expected to be complicated--cases with many assets and liabilities, cases that include a child custody battle, or cases that involve a domestic violence situation, an attorney could charge $5,000 or more for an initial retainer.

The initial retainer is usually non-refundable, but if a client is asked to provide a refurbishing retainer and that retainer is not completely used, most attorneys will refund the balance to the client.

Time Frame

When the client uses up the initial retainer and the case is not completed, the attorney asks for a refurbishing retainer. Depending on the relationship between the attorney and client, the type of case, and the point at which the case is at, the attorney could ask for a $1,000 refurbishing retainer or higher. If the attorney thinks the case will end relatively soon, and there is not much work left, the refurbishing retainer is smaller, but if the case is in the middle of a custody battle and the parties have not even attempted mediation, the attorneys are having problems obtaining discovery or a parent absconds with the children, the attorney could ask for a large refurbishing retainer.

Geography

Attorneys’ fees are highly based on geography. If a geographical area is “rich,” attorneys’ fees are generally higher than the fees for attorneys in depressed areas. For example, a large divorce firm in New York City might charge almost twice what a large divorce firm in a poorer city might charge. This geographical anomaly is also present in small firms. Small firms often charge less than “big law,” but the geographical restrictions on fees also apply.

Effects

If a client thinks he will have a better outcome with a more experienced attorney, therefore a more expensive attorney, he might choose the more experienced attorney. An effect of this decision is that the client is more apt to settle than someone who hires a less expensive attorney, because of the cost of litigation. An attorney with 10 years of experience who charges $200 per hour can do several more hours of litigation than an attorney with 20 years of experience who charges $350 per hour. This affects clients who have a limited amount to spend on attorneys fees and costs.