Divorce can present both financial and emotional obstacles. An essential step to successfully navigating this difficult process is understanding its legal costs.
Divorce costs can depend on various factors, including its complexity and location. There are steps you can take to limit costs as you pursue this path to reunification.
1. Filing Fee
Step one of obtaining a divorce in New York involves paying a filing fee to your county clerk of Supreme Court. These filing fees tend to vary based on population density; typically higher fees apply in more populated regions.
As well as filing fees, additional expenses such as service of documents (also called process serving) should also be factored in. On average, process servers cost an average of $100 each to hire.
If both you and your spouse agree on all aspects of the divorce, filing uncontested may save thousands in legal costs. A contested divorce may cost more due to additional negotiations, paperwork, and court appearances required.
Use an online service that prepares and files all necessary paperwork on your behalf; prices typically start around $150 for these services.
2. Retainer
Retainer fees are the initial down payment required to start work on your divorce case. Calculated using your attorney’s hourly rate multiplied by an estimate of how long it will take them and any predictable administrative or court costs, they represent an initial investment into their services.
Retainer funds are then kept in a trust account on behalf of clients, and deducted as work is completed. This helps ensure that attorneys receive fair compensation for their time while providing transparent account of legal charges for clients.
New York divorce retainers typically range between $4,000 and $7,000. As with any legal battle, custody and support battles often incur higher expenses; such as psychologist fees, home studies and property valuations. Mediation or arbitration may prove more cost effective ways of settling disputes than litigation proceedings – planning ahead will help manage legal fees efficiently while also helping avoid unexpected expenses.
3. Document Preparation
No matter whether spouses agree on all issues of their divorce independently and complete a written settlement agreement or retain an attorney, New York Supreme Court filing fees still must be paid (currently totalling $335). These may change.
Once the initial paperwork has been filed with the Supreme Court clerk in either spouse’s county of residence. Once filed with them, it should then be served upon them using an outside service (such as hiring a process server at an additional fee) who will attempt to serve it directly onto them.
Once they receive initial papers from the Supreme Court, defendants must respond within 40 days by filing an Answer with them. Following this filing, a judge will schedule a court date to set temporary orders such as visitation, custody, child support and/or alimony payments. Under certain circumstances, defendants may also submit an Application for Fee Waiver which allows those demonstrating poverty accessing this option that can help avoid unnecessary delays and issues that might alter the final result of their divorce case.
4. Court Appearances
Average family law attorney fees average around $11,300; however, every case differs and costs can range anywhere between that figure and more or less depending on circumstances. Divorces tend to cost less if both spouses agree on issues related to custody, support, and division of property before going to trial; otherwise the costs increase dramatically.
As soon as a case goes to court, both parties are required to attend hearings with the judge present. At these hearings, he or she can listen and ask questions of both sides while hearing witness accounts and looking at evidence presented during these proceedings.
Dress professionally when appearing before the court for a hearing that involves child custody or support issues. Wear a suit, if possible, or at the very least wear a blouse with slacks or khakis and come early so there is enough time for parking, waiting in line, and security clearance before your hearing starts – this is especially essential if it involves child support proceedings.