Why is My Contested Divorce So Expensive?
Imagine this: You’re facing divorce. Emotions are running high. You and your spouse can’t seem to have a civil conversation, and every attempt to discuss the future turns into a heated argument. You’re feeling hurt, angry, and perhaps even seeking a sense of “justice” or “revenge.” In this state of mind, the idea of hiring a “pit bull” attorney to fight tooth and nail might seem appealing. But fast forward a year, and you’re staring at legal bills in the tens of thousands of dollars, wondering why your contested divorce is expensive (and probably a nightmare).
Divorce is rarely easy, but understanding the financial implications of your choices is important – it will define your financial future. Let’s break down the costs associated with a contested divorce in Illinois so you can make the best decision for your future.
Understanding the Financial Burden of an Expensive Contested Divorce
A contested divorce, where spouses disagree on significant issues and rely on the court to make decisions, can quickly become a significant financial burden. Here’s a breakdown of the typical costs you might encounter:
1. Retainer Fee:
This is an initial deposit you pay to your attorney to secure their services. It’s essentially an advance payment against the work the attorney will perform on your case. It’s important to understand that the retainer fee is not the total amount you will pay. In the Metro East area of Illinois, retainer fees can range from $1,500 to $10,000 or even more, depending on the complexity of your case and the attorney’s experience.
2. Hourly Fees:
This is the rate your attorney charges for their time spent working on your case. “Attorney time” isn’t just courtroom time. It includes every phone call, email, meeting, document review, and legal task related to your file. Every question you ask, every concern you express, and every communication with your attorney adds to the bill. Staff time: yes, your attorney charges for their staff’s work too. These rates are less than what you pay the lawyer. Their time includes speaking with you, organizing things for the attorney, drafting documents for the attorney to finish, gathering documents for your case and the like. These are charged at $75 – 200 per hour usually. In the Metro East, hourly rates for divorce attorneys typically range from $250 to $450 per hour. Some bill in 6 minute increments, others in 15 minute increments.
3. Court Costs and Filing Fees:
These are fees paid directly to the court for processing your divorce. They include the initial filing fee to begin the divorce proceedings. There are also fees for having the sheriff serve your spouse with the legal papers. These costs vary by county but generally start at over $300. Keep in mind that these are not the only costs you’ll face.
4. Mediation Costs:
Mediation is a process where a neutral third party helps you and your spouse negotiate a settlement. While it can be a cost-effective way to resolve some issues, it still involves fees. In Illinois, mediation is often required, especially if you and your spouse have minor children. Mediation costs typically range from $500 to $1,500 per person.
5. Guardian ad Litem (GAL) Fees:
If you and your spouse disagree about parenting time or parental responsibilities, the court may appoint a Guardian ad Litem (GAL). A GAL is an attorney who investigates what is in the children’s best interests and provides recommendations to the judge. GAL fees can be substantial, often starting at $1,500 and increasing with the complexity of the case.
A Glimpse into the Attorney’s Work Explains Why Contested Divorce is So Expensive
To understand where your money goes, consider the typical work an attorney performs in a contested divorce:
- Drafting Petitions and Initial Filings: Preparing the legal documents to initiate the divorce process.
- Attendance at Case Management Conferences: These are routine court hearings to monitor the progress of your case, held every 4-8 weeks, and attorney preparation and attendance can cost you $300-$700 monthly.
- Pretrial Hearings and Preparation: This involves meeting with you, gathering evidence, outlining legal arguments, and preparing for court appearances (4-15+ hours).
- Communication with the Other Attorney: This includes drafting settlement proposals, responding to inquiries, and negotiating (3-25+ hours).
- Client Communication: Answering your calls, emails, and attending meetings to discuss your case (3-30+ hours).
- Issuing Discovery: Sending formal requests for information and documents to the other party.
- Reviewing Discovery: Analyzing the information and documents received from the other party (4-20+ hours).
- Gathering and Producing Discovery: Compiling your own documents and information to provide to the other party (4-20+ hours).
- Trial Preparation: This can be one of the most time-consuming aspects, involving witness preparation, exhibit organization, and legal research (20-40+ hours).
- Trial: Courtroom time, which can range from a few hours to several days or weeks (10+ hours per day).
- Post-Trial Motions: Filing motions after the trial to address specific issues or appeal the court’s decision (5-20+ hours).
The Bottom Line: A Contested Divorce is a Costly Choice
This list is not exhaustive, but it provides a realistic overview of the work involved in a contested divorce. It’s not uncommon for an attorney to spend 100 hours or more on a case that proceeds to trial. If your attorney charges $300 per hour, that translates to $30,000 in attorney fees alone. And remember, court costs, expert witness fees, and other expenses can add another $2,000 or more to the total.
Is an Expensive Contested Divorce the Only Way?
Does this sound like an unaffordable nightmare? For many, it is. The financial and emotional toll of a contested divorce can be devastating. There is a reason that the “pit bull” you hired has a fancy office and drives a fancy car.
What are the Alternatives to an Expensive Contested Divorce?
Uncontested Divorce:
This process hinges on spouses setting aside emotional hurt to determine their areas of agreement. Mediation can help clarify these points and find solutions for disagreements. Some couples benefit from a period of emotional adjustment before pursuing this path. Ultimately, an uncontested divorce requires agreement on all key terms, including asset division, parenting arrangements, and financial support.
This option balances cost and advocacy. Each spouse hires an attorney to negotiate on their behalf. Attorneys advise on strategy, draft settlement offers, and gather information to facilitate informed decisions. Attorney fees are typically hourly.
Ideal for those who wish to guide negotiations with professional support. Attorneys guide the process, determine necessary information, and identify disagreements. The parties, along with the attorneys and potentially other professionals (mediators, therapists, financial advisors), then work together to resolve those disagreements.
If you’re in the Metro East (St. Clair County, Madison County, and surrounding areas) and seek a divorce attorney focused on settlement and reasonable fees, I encourage you to reach out to my office. I prioritize compassionate and effective legal guidance, aiming for cost-effective solutions with the benefit of 20+ years of experience.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific situation and legal options