The Average Cost of a Divorce or a Dissolution
The final price tag on a divorce may seem overwhelming, especially if a spouse needs a private lawyer. Though an individual can research the average cost of divorce, a number of variables may affect the total cost. The location of the couple's divorce case in the United States, the type of fee arrangement used by the spouse's attorney and an order to pay the other side's fees and costs may all affect the amount needed in an individual's budget for divorce.
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National Average
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The rates charged by attorneys vary from state to state and from rural areas to urban areas in the United States. In 2006, Forbes.com reported a range of $15,000 to $30,000 for the average cost of a divorce in the United States. The article also notes that mediated divorces, compared with litigated divorces requiring courtroom proceedings, cost an average of $5,000 per divorce. A formal arbitration, as opposed to a trial or mediated negotiations, costs between $5,000 to $10,000. When developing a budget for divorce expenses, each spouse should research the average fees of lawyers in a particular city or region, as well as the costs of litigation compared with alternatives such as mediation or arbitration.
Fee Arrangements
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The total cost of an individual's legal fees for a divorce often depend on the type of fee arrangement required by the individual's attorney or law firm. Attorneys may charge hourly fees and bill for the amount of time spent working on each client's divorce case --- it may be difficult to predict a total cost based on hourly fees. If a divorce requires a time-consuming trial, the number of hours spent on a case increase the cost to the client. Attorneys may also charge flat fees, which represent a consistent cost no matter how long the amount of time required to complete the case. As such, flat fees may offer some measure of predictability.
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Order to Pay Attorney's Fees and Costs
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One spouse's budget for divorce litigation may change significantly if the other spouse gets a court order for payment of attorney's fees and costs. After receiving the order from the judge, a spouse has the responsibility of paying part or all of the legal fees and costs incurred by the other party. Though states' divorce laws vary on the subject, states often permit one spouse to request payment of attorney's fees and costs by the other spouse to prevent one spouse from hiring legal representation while the other spouse can't afford to do so.
Ongoing Expenses
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When estimating the overall cost of a divorce or dissolution of marriage, spouses also need to consider any expenses that may continue after the end of court proceedings. For example, a finalized divorce may require one spouse to pay court-ordered alimony, also known as spousal maintenance or spousal support, to the other spouse. Spousal support payments vary so widely that it's difficult to produce a useful number representing an average cost across the United States. The amount of ongoing alimony depends on the factors used by each state to set spousal support. These factors may include the length of the couple's marriage before divorce, the couple's prior standard of living, each spouse's income and expenses, and any other factors listed by state law.
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