How Much Is This Divorce Going to Cost Me?

Legal Fees and Costs Within a Family Law Case

Let’s talk about the million-dollar question that pops up in nearly every family law case: “How much is this divorce going to cost me?” or “What will this custody case set me back?”

This is a tricky question for family law attorneys to answer. If you’ve ever seen Forrest Gump, you know that a family law case can be like a box of chocolates – you really never know what you’re going to get!

Take, for instance, an uncontested divorce we handled that seemed like it would be a breeze. The couple had been married for less than a year with no kids or assets to fight over. Easy peasy, right? Well, not quite. The other party simply refused to sign the paperwork, which forced us to file on a contested basis and go through the whole litigation process. What we thought would be a quick resolution stretched into nearly 18 months, costing way more than we initially anticipated before our client finally got their divorce!

Then there was another case that came to us on an emergency basis. Our client was worried their spouse might leave the state with their child, and they were convinced this would end up in a drawn-out trial. But surprise! During our very first court hearing, both parties and their attorneys sat down and hammered out the details of the divorce. We wrapped everything up that same day on an uncontested basis. So, what our client thought would be a complex, expensive battle turned into a resolution in less than 10 days!

Now that you see why it’s so challenging for an attorney to give a straightforward answer to, “How much is this family law case going to cost me?” let’s break down some general guidelines for types of representation available and for the fees at our firm. This will help you plan ahead and feel more prepared.

Types of Representation: Attorney Consultation, Full Representation, Limited Assistance Representation, Consultation and Drafting, and Legal Coaching

The first step is figuring out what kind of legal help you actually need. Many people assume that hiring a lawyer means they have to hand over the reins entirely, but this isn’t a one-size-fits-all situation. Let’s explore the different ways you can work with an attorney at O’Connor Family Law to find the best fit for your situation.

The Case Evaluation: Getting Started

At our firm, we kick things off with a Free Case Evaluation with our Intake Team. Think of this as your initial chat before diving into the legal waters. While it’s not a type of representation, it’s an essential part of our process to keep everything organized and help manage legal fees.

During the Case Evaluation, you’ll share some background about your situation. Our Intake Team will ask questions to ensure there are no conflicts of interest, that your case falls within our areas of expertise, and that we’re a good fit for each other. They’ll also go over potential options for representation tailored for your needs and budget. By the end of this process, you’ll either be offered the chance to retain our firm in a way that is best for you or schedule an Attorney Consultation.

The Attorney Consultation: Your One-on-One Meeting with an Expert

Now, let’s talk about the Attorney Consultation – this is where the ball really starts to get rolling. Unlike with a Case Evaluation, here you’ll have a direct conversation with an experienced divorce and custody attorney. They’ll take the information that was gathered during your Case Evaluation and apply the law to the specifics of your situation, crafting a solid strategy created specifically for you. It’s important to note that there is a few for this consultation, but it’s a worthwhile investment!

You might wonder why you’d want to schedule an Attorney Consultation instead of jumping straight into retaining our firm. One reason is that you may be in the exploratory phase – perhaps you’re thinking about starting a family law case and want to understand your options or clarify your rights and responsibilities. An Attorney Consultation will get you everything you’re looking for without the heightened cost of retaining our firm.

Another reason could be to assess whether we can achieve the results you’re hoping for. We’ve seen that investing an hour with an attorney can save you both money and time, especially if it turns out your case doesn’t have a solid foundation to achieve the outcome you are seeking.

For instance, we once had someone book an Attorney Consultation to see if they should file for a child support modification since one of their children had emancipated. After reviewing their previous judgment and running some calculations, we discovered that their support order would actually increase significantly if they went back into court. This was due to changes in the Massachusetts Child Support Guidelines since their initial judgment, despite one child no longer being included within the calculations.

This kind of insight is crucial, especially in modification or contempt cases. No one wants to go through the hassle and expense of filing a legal action only to end up with the case being dismissed – or worse, getting an outcome that is worse than what you currently have.

Full Representation: Your Legal Superhero

Imagine you’re facing a dragon (also known as a high-conflict legal battle). You wouldn’t want to go in unarmed, right? This is where Full Representation comes into play. When you hire a lawyer for full representation, you get a legal superhero who fights for you every step of the way. They will handle everything from filing paperwork to appearing in court on your behalf and arguing your case to the Judge when necessary. You are able to sit back and relax (well . . . sort of) knowing that you have an experienced litigator in your corner, ready to tackle any challenge that might present itself during your case.

Limited Assistance Representation: A Sidekick on Standby

Now, you can think of hiring an attorney on a Limited Assistance Representation (LAR) basis similar to having a trusty sidekick. In this scenario, you take the lead in your case, but your lawyer is there to provide support for the moments you need it most. Maybe you want help with one specific task or one specific court hearing. LAR allows you to contract to have representation in specific situations or circumstances, like attending a hearing on a Motion for Temporary Orders or a Pretrial Conference. Your lawyer can step in just for those tasks, allowing you to save on costs while still having professional guidance when the going gets tough. It’s like having a GPS for your legal journey – it’s helpful to get you where you want to go, but it doesn’t drive the car for you.

Consultation and Drafting: The Legal Brainstorm

Ever tried to tackle a big project without brainstorming first? This is where representation falling under Consultation and Drafting comes in. This type of representation is perfect if you’re looking for experienced advice, but you do not require the attorney to go to Court with you for any reason. You can meet with your lawyer to discuss your situation, and they will help you understand your options and the legal landscape. If you need documents prepared or negotiated, like a Separation Agreement, a Custody Agreement, or a Prenuptial Agreement, the lawyer is able to draft those with you, too. Think of it similar to a legal workshop where you get the tools and knowledge to go forward with confidence. Sometimes people get all the drafting done and then decide to hire their attorney on a Limited Assistance Representation basis to go to Court with them to ensure the Judge approves their Agreement.

Legal Coaching: Your Personal Trainer for the Courtroom or Mediation

Finally, we have the option for Legal Coaching. This is your personal trainer for navigating the courtroom or knowing how to advocate for yourself and what to ask for within the Mediation process. If you do not believe you need an attorney by your side, but you want to feel more prepared and educated, Legal Coaching is an excellent and more budget friendly option. A lawyer will walk you through your rights, the strengths and weaknesses of your case, how to formulate your best arguments, and provide insights on what to expect in court or during the Mediation session. It’s like having a supportive cheerleader who also knows the game inside and out, ensuring you’re ready to tackle any challenge that comes your way.

Mediation or Conciliation: I Don’t Need Representation; I Need Guidance to Settle

When it comes to family law matters, sometimes the best path forward isn’t through the courtroom but rather through the Alternative Dispute Resolution methods of Mediation or Conciliation.

Think of Mediation as a friendly roundtable discussion where both parties sit down with a neutral third party – the mediator – who helps facilitate a constructive conversation and assists you and the other party to reach an agreement on all or some of the issues that need to be decided. The goal here is to reach an agreement that works for both of you, without the stress and costs associated with a lengthy court battle. It’s like having a referee in a game, ensuring that both sides get a fair chance to express their needs and find common ground.

Conciliation, on the other hand, is similar but often involves a more structured approach. In this process, the conciliator may offer suggestions and solutions to help you and your spouse or co-parent resolve your issues in a way that works for both of you. It’s a collaborative effort aimed at promoting understanding and compromise, making it a great option for those who want to maintain a working relationship, especially when children are involved. Sometimes people appreciate the Conciliation process over the Mediation process because the Conciliator can get more creative as well as address the strengths and weaknesses of your particular case.

Both Mediation and Conciliation are fantastic alternatives to traditional litigation, allowing you to retain more control over the outcome of your case. Plus, they can be significantly less expensive and time consuming than the litigation process, giving you the chance to tailor solutions that fit your unique situation. Although neither of these are considered “Representation” because the Mediator or Conciliator do not represent you or your spouse nor are they allowed to give out specific legal advice, if you’re looking for a way to resolve disputes amicably while saving time and money, these processes might just be the perfect fit for you, so we wanted to make sure we mentioned them!

Find the Right Representation

So, there you have it! Whether you need a Superhero, a Sidekick, a Brainstorming Buddy, or a Personal Trainer, there’s a type of legal representation that fits your needs and budget. Alternatively, you have the option of utilizing Mediation or Conciliation services if you need guidance but not representation. Understanding these options can help you make informed decisions and feel more empowered as you navigate the often-rocky waters of divorce and custody issues. Remember, it’s all about finding the right approach that works for you – not what your friend down the street did for their family law matter.

The Legal Retainer

What Is a Retainer and How Does O’Connor Family Law Invoice Me for Services Rendered?

O’Connor Family Law does require a retainer to be paid in almost every case. So, what is a Legal Retainer? Think of it as your ticket to the legal rollercoaster. When you hire an attorney, a retainer is an upfront payment to secure the attorney’s services. This fee acts like a down payment, ensuring that your lawyer is ready to jump in and start working on your case. It’s a way for you to invest in your legal journey and have that peace of mind knowing that you have professional help on your side.

Another way to think about your Legal Retainer is similar to the idea of first, last, and security payments for an apartment. It is your money until we earn it in accordance with the legal contract you will sign with our firm. Your retainer is not meant to cover all of the fees and expenses that will likely be incurred during your family law journey. It is actually very common to have to refresh your retainer (meaning bringing it back up to the full amount) a number of times before your case is finished. However, once your case is completed per the terms of your Legal Contract, any balance remaining in your Retainer will be returned to you.

We do also require all of our clients to keep a valid credit card on file to help cover any smaller fees that may be incurred while you are working on refreshing your Retainer balance to avoid the situation where we have to cease working on your case until you refresh your Retainer balance. Having a credit card on file does not mean that you do not need to refresh your Retainer balance or that we will do work on an “IOU” basis. We are a law firm, not a bank or credit agency. We do expect for your Retainer balance to be brought back up to the full amount when it drops down under 25% of the original amount. Keeping a credit card on file is a courtesy to you so that your case doesn’t screech to a halt if you haven’t yet refreshed your Retainer balance.

As for invoicing, we believe in keeping you up to date with what is going on in your case and what you are being charged for. We typically send out invoices that will include any work or fees assigned to your case for the prior Monday to Sunday time period. You will receive your Invoice through an email that will bring you to your client portal. Please make sure you review your Invoice each week and raise any questions you have about it with our team. On Fridays, we typically will withdraw the invoiced amount against your Retainer balance. If your Retainer balance is not high enough to cover the full amount of your Invoice, this is when we will automatically charge your credit card for the remaining balance.

It can be confusing to get the invoices, because you will get the bill with the amount due as well as the Retainer balance available. So long as there is enough to cover the entire amount in the Retainer, you will not have to do anything, as the amount will be withdrawn automatically at the end of the week. If the retainer balance is 25% or lower than the initial Retainer balance, then you will be asked to refresh the retainer to the original balance. Unfortunately, if this is not done, we either have to stop working on your case or even potentially withdraw. If you are finding yourself in financial trouble, it’s best to bring that to our attention sooner rather than later so we can try to figure out a plan to allow us to keep working on your case in a way that doesn’t hurt the outcome of your case.

What Will the Retainer Cost Me?

Our next step here is to walk you through the typical retainer amounts associated with the various types of representation depending on your case type. This way you can budget appropriately and feel more in control of your financial landscape as you navigate your family law case. It’s important to remember that a Retainer amount is NOT what the case will cost you at the end of the day. It’s only the amount to allow the attorney to get started on your case.

• Case Evaluation – Free!
• Attorney Consultation – Generally ranges from $375 – $750
• Full Representation Retainer – Typically ranges from $5,000 – $15,000 for most cases (the initial retainer amount might be higher if your situation involves multiple ongoing cases, emergency issues requiring multiple court appearances right from the start, cases out of Juvenile Court, or scheduled evidentiary hearings or trial dates.)
• Limited Assistance Representation – Typically ranges from $2,500 – $7,500 depending on the specific representation you’re seeking
• Consultation and Drafting – Typically ranges from $2,500 – $5,000 depending on the complexity of what you’re looking to have done
• Legal Coaching – Typically ranges from $1,500 – $5,000
• Mediation/Conciliation – Typically $2,500 – $3,750 per party ($5,000 – $7,500 total retainer) depending on the complexity of the issues

What About the Total Divorce or Custody Case Cost?

This is one of those questions that seems to get us into trouble whenever we try to answer it because it is so hard to predict. When we do try to give an approximate range, people sometimes try to hold us to that and tell us that we told them it would be a flat fee or the amount we estimated would be the most it cost. We want to be very clear – WE CANNOT PREDICT THE TOTAL AMOUNT YOUR CASE WILL COST!

That being said, taking every single case that we’ve represented over the past five years and averaging them out, our average case value (including all types of cases and all types of representation) is around $12,500. This means there are a lot of cases that are significantly less expensive than that and there are a number of cases that are significantly more expensive than that. Our most expensive case to date was a divorce that included six days of trial and cost just under $300,000. Although that is a significant amount, the other side’s attorney fees were closer to $1,000,000 by the time the case was done (and we ended up with a more favorable Judgment after trial in that case despite the disparity between what the parties each respectively spent.)

How Do I Budget for My Divorce or Custody Case When I Don’t Know What Will Happen?

Unfortunately, the more contested or high conflict your case is, the more expensive your legal fees will usually be as well. Your best bet with keeping your fees down is to try to remove emotions from your decision making. This is much easier to say than to do of course. It’s easy to want to point a finger and blame the other side for the mess you’re currently in; however, doing so successfully does not generally get you a better result – it usually simply runs up legal fees and makes your case take longer. Always look for an opportunity to settle despite differences in opinion.

As you work with your attorney on devising a strategy for your case, make sure you discuss how the strategy could impact you financially. In most cases, there is mandatory financial disclosures that must be exchanged, but you do not always need to jump into in-depth and complex discovery. Most cases are going to settle rather than go to trial, so you should determine what you want to get out of a deposition to decide if the potential return on your investment warrants the effort. If the other side refuses to provide documents that you need to be able to get a full understanding of your assets and liabilities, it might be more cost effective to send a subpoena to the bank or their employer rather than filing a motion to compel your ex to do what they’re supposed to simply to spend the day in court and have a Discovery Master assigned to determine who owes who what.

Make sure you are constantly having cost-benefit analysis conversations with your attorney. If your ex is 15 minutes late bringing back the kids, it might not be worth the expense of filing a Complaint for Contempt. However, if your ex is claiming they are going to take the children to Mexico and not come back, that likely does warrant an emergency trip into Court to get an Order preventing them from removing the children.

If you know you’re going to have trouble coming up with the full amount to refresh your retainer when it is getting low, preemptively talk to us about whether you would be eligible for a payment plan to help stay ahead of your legal fees. If you know you have a highly contested case, you might want to seek help from family or friends. You also may be able to access funds as a pre-distribution of marital assets to help pay your legal fees, such as withdrawing money from a 401k, an investment account, or a home equity line of credit (HELOC).

The best plan is to proactively address financial challenges with us and work with us to come up with a plan that will continue to allow us to provide you the best legal assistance possible while working within your budget. That requires transparency and clear communication.

Contact Our Legal Team Today

If you need legal assistance, please contact our team at O’Connor Family Law to help you figure out what type of representation or case path will be best for you based on your particular circumstances. Call us at 774-541-1430 or send us an email at info@familylawma.com to take that first step and schedule your free case evaluation!