Understanding the Cost of Divorce & Family Law Representation

Everyone wants outstanding legal representation at a fair price. We do too.

One of the first questions nearly every prospective client asks is, “How much will my case cost?” It’s a reasonable question, but it’s also one of the most difficult to answer accurately. Unlike many legal matters, divorce and family law cases are highly dependent on the actions of another person, the court’s schedule, and the issues that arise as the case progresses. Two divorces involving similar incomes and similar children can require dramatically different amounts of legal work.

Our goal is to make the financial side of your representation as transparent and predictable as possible. We’ll explain how we bill, why we bill that way, what factors influence cost, and how we work to provide exceptional value throughout your representation.

Why Every Family Law Case Costs Something Different

Family law cases don’t follow a fixed path.

Some couples resolve all issues through negotiation in a matter of weeks. Others require temporary hearings, extensive discovery, business valuations, custody evaluations, expert witnesses, mediation, multiple court appearances, and ultimately a trial that may occur more than a year after the case begins.

The cost of representation depends upon many factors, including:

• Whether the case is contested or uncontested.
• The complexity of financial issues.
• Whether children are involved.
• The willingness of both parties to negotiate reasonably.
• The amount of discovery required.
• Whether expert witnesses become necessary.
• The number of hearings, conferences, and court appearances.
• Whether the case settles or proceeds to trial.

While we cannot predict every development at the beginning of a case, we can generally provide realistic expectations after learning about your circumstances during an initial consultation.

Fortunately, the overwhelming majority of family law matters resolve through agreement before trial. While every case is unique, relatively few require a judge to decide every disputed issue.

Our Philosophy on Legal Fees

We recognize that hiring a divorce lawyer is a significant financial commitment. Divorce itself often creates financial uncertainty, making the cost of legal representation even more stressful.

For that reason, we have built our billing system around three guiding principles.

Transparency

You should always understand what work is being performed and what you’re paying for.

Predictability

Rather than surprising clients with large monthly invoices, we bill weekly so charges remain current and easier to manage.

Value

Our goal isn’t simply to spend time on your case. It’s to perform the right work at the right time using the right member of our team to maximize your chances of achieving an excellent outcome.

How Our Billing System Works

Our billing process is different from that used by many family law firms.

Many firms require a large upfront retainer and simply bill against that deposit until it has been exhausted, at which point they request another substantial payment.

We take a different approach.

We generally require a comparatively smaller initial retainer, which is deposited into our attorney trust account (commonly referred to as an IOLTA account). That retainer remains in trust during your representation as a backup payment source. As legal fees and expenses accrue, we bill weekly and automatically process payment using the payment method you maintain on file. If your payment processes successfully, your trust retainer generally remains unchanged. If your payment method fails, we may temporarily use your trust funds while working with you to restore the required retainer balance.

We believe this approach offers several advantages over traditional monthly billing.

Clients receive frequent updates about the work being performed, legal fees remain current, payments are generally smaller than monthly invoices, and the trust retainer remains available should unexpected payment issues arise.

Hourly Rates

Like most family law firms, we charge for our services on an hourly basis.

Each member of our legal team has an hourly rate based upon their experience, training, and responsibilities within the firm. Attorneys with decades of experience generally bill at higher rates than newer attorneys, while paralegals and legal assistants perform appropriate work at substantially lower rates. Our current hourly rates are set forth in our retainer agreement and are reviewed periodically.

During your consultation, we’ll recommend the attorney whose experience is appropriate for your particular matter. Our objective is not to assign the highest billing attorney to every case. Instead, we match clients with the legal professional best suited to their circumstances.

Using the Right Professional for the Right Task

One of the ways we help clients control legal expenses is by assigning work thoughtfully.

Not every task requires an experienced senior attorney. Organizing financial records, preparing routine filings, coordinating discovery, scheduling court events, and many other important responsibilities can often be performed more efficiently by experienced paralegals or legal assistants at significantly lower hourly rates.

Likewise, complex legal strategy, courtroom advocacy, settlement negotiations, and sophisticated financial issues are handled by attorneys with the experience appropriate for those tasks.

This collaborative approach allows us to deliver exceptional legal representation while helping clients avoid paying higher attorney rates for work that can appropriately be delegated.

Your Initial Retainer

Before representation begins, you’ll sign a written retainer agreement and make an initial trust retainer payment.

The required amount depends largely upon the stage and anticipated complexity of your matter.

Generally speaking:

• Uncontested matters typically require a $1,000 retainer.
• Filed contested matters generally require a $2,500 retainer.
• Cases proceeding beyond the first pretrial conference generally require a $3,500 retainer.
• Matters scheduled for trial require a trial retainer determined by your lead attorney based upon the anticipated work required.
• Following trial or final agreement, the required trust balance is typically reduced.

As your case progresses, the required retainer may increase or decrease depending upon the stage of litigation and the anticipated workload.

Your retainer remains your money while held in trust. It serves primarily as a backup payment source should your weekly payment method fail.

Weekly Billing

We bill weekly, typically each Friday.

If work was performed on your matter during the preceding week, you’ll receive a detailed billing statement showing:

• Every task performed.
• Who performed the work.
• The amount of time spent.
• The applicable hourly rate.
• Any case-related expenses.
• Your trust account activity.

Later that day, your payment method on file is charged for that week’s legal fees and approved expenses. If no work was performed during the week, no statement is generated and no payment is processed.

We believe weekly billing provides greater transparency than traditional monthly billing because clients receive timely information while the work is still fresh in everyone’s mind.

Why We Bill Weekly Instead of Monthly

Many firms send invoices once each month.

We don’t.

There are several reasons.

First, we believe clients deserve to know what work has been performed as soon as practical. Waiting four or five weeks before seeing a statement often leaves clients wondering what occurred during that period.

Second, weekly billing generally results in smaller, more manageable payments. Although the total cost of representation may ultimately be the same, spreading payments throughout the month is often easier for clients than receiving one large monthly invoice.

Finally, weekly statements encourage communication. If you ever have questions about a billing entry, it’s much easier to discuss work that occurred a few days ago than work performed a month or two earlier.

Expenses

In addition to attorney fees, some cases require payment of expenses to third parties.

These may include court filing fees, sheriff or constable fees, deposition costs, expert witness fees, appraisal fees, investigator fees, mediator fees, or similar litigation expenses.

Whenever practical, we’ll discuss significant expenses with you before they’re incurred. These expenses are billed separately from attorney time and appear on your regular billing statements.

Court-Ordered Attorney’s Fees

Clients sometimes ask whether the other party will be required to pay their attorney’s fees.

The answer is: sometimes, but never with certainty.

Judges have discretion in certain circumstances to order one party to contribute toward the other party’s legal expenses. Likewise, settlement agreements occasionally include provisions requiring one spouse to contribute toward the other’s attorney’s fees.

However, those outcomes cannot be predicted or guaranteed. You should never assume your legal fees will ultimately be paid by the opposing party, and your decision to retain counsel should not depend upon that possibility. If attorney’s fees are later recovered from the opposing party, those funds will be applied appropriately to your account.

Full Representation

Most of our clients retain us for full representation.

Under a full representation arrangement, we take responsibility for managing every aspect of your case. We communicate with opposing counsel, prepare and file court documents, appear in court on your behalf, develop legal strategy, negotiate settlements, and prepare for trial if necessary.

You remain an essential member of the team. We believe informed clients make better decisions, so we’ll educate you throughout the process, discuss strategic decisions together, and ensure you understand your options before important choices are made.

Limited Assistance Representation (LAR)

Not every client needs full representation.

Limited Assistance Representation allows clients to hire us for specific tasks rather than every aspect of a case.

For example, some clients retain us to:

• Provide legal advice and coaching.
• Draft pleadings or motions.
• Prepare for mediation.
• Appear at a particular hearing.
• Negotiate a settlement.
• Review agreements before signing.

This approach allows many individuals to obtain experienced legal guidance while maintaining greater control over their legal expenses. Because the scope of representation is limited, clients continue handling those portions of the case not assigned to the firm.

During your consultation, we’ll discuss whether Limited Assistance Representation is appropriate for your circumstances.

Justice for All Program

Access to experienced legal representation shouldn’t depend solely upon financial resources.

Through our Justice for All Program, qualifying clients may receive reduced-fee Limited Assistance Representation based upon their financial circumstances.

Eligibility is determined using several factors, including household income, estate resources, and other considerations relevant to the firm’s ability to provide reduced-fee representation. Because financial circumstances can change during a case, eligibility may also be reviewed periodically throughout the representation.

Our Justice for All Program has helped many individuals obtain experienced legal guidance who otherwise would have proceeded through family court entirely on their own.

If you believe you may qualify, simply let us know during your consultation.

Learn more here:  Justice for All: Reduced-Fee Representation | Turco Legal, P.C.

Pro Bono Representation

Our attorneys also accept a limited number of pro bono matters each year.

Because our attorneys already devote significant time to reduced-fee representation through the Justice for All Program and numerous community service efforts, our capacity for completely free representation is necessarily limited.

Generally, pro bono matters are accepted only where there is an extraordinary need, the client lacks financial resources, legal aid organizations have declined representation, and the matter presents circumstances consistent with the firm’s pro bono objectives.

What Does Family Law Litigation Typically Cost?

One of the questions we hear most often is, “What will my case cost?”

Unfortunately, no attorney can answer that question with certainty at the beginning of a case. The amount of work required depends heavily on the issues involved, the willingness of both parties to negotiate, the number of court appearances, whether experts are retained, and whether the case ultimately settles or proceeds to trial.

With that said, many clients find it helpful to understand general ranges they may encounter. The figures below are intended only as broad estimates based on our experience and should not be viewed as guarantees or quotes.

*These figures are intended only as general guidance and are not estimates or guarantees for any particular matter.

Most family law matters do not cost six figures. While exceptionally complex cases certainly can, many clients resolve their matters well before reaching that level of expense. Our objective is always to obtain the best possible outcome while helping clients avoid unnecessary litigation whenever doing so is consistent with their goals.

What Causes Costs to Increase?

Most increases in legal fees are driven by one or more of the following:

• Multiple court appearances.
• Extensive discovery.
• Large volumes of financial documents.
• Business valuations or forensic accounting.
• Custody evaluations or guardian ad litem investigations.
• Numerous emergency motions.
• Unreasonable litigation by either party.
• Trial preparation and trial.

What Helps Keep Costs Down?

Clients can often reduce legal expenses by:

• Providing requested documents promptly.
• Staying organized.
• Using email instead of multiple short phone calls when appropriate.
• Remaining focused on issues that genuinely matter.
• Being open to reasonable settlement discussions.
• Following their attorney’s strategic recommendations.

Frequently Asked Questions

Can you tell me exactly what my case will cost?

Unfortunately, no attorney can accurately predict the exact cost of a family law matter. Too many factors depend upon the actions of the opposing party, the court, and how the case develops over time. During your consultation, however, we’ll provide our best estimate based upon the information available.

Do most cases go to trial?

No. Most family law matters resolve through negotiation, mediation, or settlement before trial becomes necessary.

Can my retainer change?

Yes. As your case progresses through different stages of litigation, the required trust retainer may increase or decrease depending upon the anticipated workload.

What happens if my payment method fails?

We’ll generally attempt to process payment again. If payment still cannot be processed, we may temporarily apply funds from your trust retainer while asking you to restore the required balance.

What if I have questions about a billing statement?

We encourage you to contact us promptly. Weekly billing allows questions to be addressed while the work is still recent, making it easier for everyone to review and discuss any concerns.

We’re Happy to Answer Your Questions

We understand that hiring a divorce attorney is both an emotional and financial decision. We believe clients deserve complete transparency regarding legal fees before deciding whether to retain counsel.

During your initial consultation, we’ll discuss your goals, explain how the law applies to your circumstances, recommend the attorney who is the best fit for your matter, estimate the anticipated scope of work, explain our billing process in detail, and answer every question you have about legal fees and costs.

An informed client makes better decisions, and we believe understanding how legal representation works is an important first step toward successfully resolving your family law matter.