So . . . How Much Will a Divorce Cost?

One of the most frequent questions I used to get asked when I was a paralegal was -- So . . . how much is this going to cost?

Here's the honest to goodness no fluff truth -- it depends. I know that's not the answer you wanted, but genuinely there are several different factors that can weigh in on how much you are going to spend getting a divorce, legal separation or allocation of parental responsibilities case.

Here are some of the components that make-up the cost of such a case:

1. Legal Representation.

   
   

   It goes without saying that once you get attorneys involved, your expense for the case climb exponentially. In Colorado, domestic relations (aka "family law") attorneys charge by the tenths of the hour. So, if your attorney's hourly rate is $350 and you speak to them for fifteen minutes, or .2 hours, you will be charged $70. Attorneys charge for every minute they spend on your case. This will include, but is not limited to, phone calls with you, the other party or their attorney; emails to you, the other party or their attorney; travel time for Court appearances; preparation of pleadings; preparation for hearings (exhibits, witness conferences, prep meetings with the client); and conferences between the attorney and their staff. It's not personal -- it's their job. But it will be your financial responsibility.

An attorney will require you to pay a retainer before they can officially sign on as your counsel. This amount can vary, but generally you can expect between $2,500 and $7,500. Once that is gone or once you get your first invoice (depending on how the firm will handle their retainers), you can expect to pay this retainer amount likely at least one more time -- and that is if things are going relatively well.

I'm not saying that attorneys are not worth their cost -- most of them are. But the fact is, they are expensive. And at the end of the day, a highly litigious case can cost tens of thousands of dollars. I wish I was being dramatic, but this is not an impossibility.

2. Experts.

There are many experts that can be appointed in a divorce, legal separation or allocation of parental responsibilities case. Appraisers, business valuators, vocational evaluators, Child and Family Investigators, Parental Responsibilities Evaluators, and C.P.A.s all have associated costs with them. Some, like real property appraisers, can be on the lower end of about $750, but others, like Parental Responsibilities Evaluators or business valuators, can cost over $10,000 in and of themselves.

Not only will you pay for the finished product (the actual appraisal, valuation, report or evaluation), but if you are going to a hearing and are going to be relying on what they produce, you will likely also have to pay for the expert to testify at the hearing. This is because, if an expert is testifying at a hearing, likely the parties cannot agree on the contents of the document. So, the expert will have to appear to defend their findings and their credibility. An average of this cost can be $500.

3. Filing Motions.

As noted above, once an attorney is involved, anything that they do is going to cost you money. This will include drafting pleadings. If you are asking your attorney to request relief from the Court, it will have to be through the filing of a pleading. But what most folks don't realize is that it isn't that simple to just "file a motion."

Depending on the motion, the attorney may need to do research. They have to draft the motion itself. Some attorneys will also send them to you for your approval before they are filed. There is nothing wrong with this, but it will cost a bit extra for the back and forth. Then, the actual filing of the pleading will have a cost associated with it. The cost may simply be the transactional cost of filing it through the electronic filing system, which is usually less than $20, but if there is a statutory cost for filing, the cost may be hirer (sometimes over $100).

In addition to this, the procedure for filing motions is that first the motion is filed. Then, within twenty-one days, the other party or their attorney will have twenty-one days to file a response to the motion. Then, a reply is filed to support the motion. In other words, a second pleading is filed once a motion is filed.

If you are asking an attorney to file something on your behalf, be prepared for the cost and make sure that the outcome is worth the effort.

4. Litigation.

There are several different hearings that can occur in a dissolution, legal separation or allocation of parental responsibilities case. This can include a final hearing, a temporary orders hearing or an emergency hearing. Regardless of the type of hearing, here are some expenses to expect leading up to and at the hearing:

Exhibits. An attorney will need to take time to compile exhibits. They will go through potentially hundreds of pages of financial disclosures (for both parties), reports, appraisals, discovery responses and any other documents you have sent (photos, screenshots, etc.) to find out what is relevant and useful as an exhibit. Then, they have to (or their legal staff has to) prepare the exhibits, put them into notebooks, exchange them with the other attorney or party, and file them with the Court.

Witnesses. There are two different kinds of witnesses in a hearing. There are expert witnesses, as noted above, and there are lay witnesses. Lay witnesses are folks like your neighbor, your child's coach, your mother, your best friend or other folks that you know personally. As previously discussed, an expert witness will require a fee for testimony. For lay witnesses, the costs you can expect are for your attorney to subpoena your witnesses (many attorneys do this, and it should not startle you if they do as it is a safeguard to make sure they are available for your hearing) and preparing your witnesses for the hearing.

Deadlines. Up to sixty-three days before your final hearing, the clock for deadlines starts ticking. All the way up to the week before your hearing deadlines will come up and when you are seven days from your hearing, the deadlines will come at you like a steam engine. This will include updating your financial disclosures and your attorney drafting a document called a Joint Trial Management Certificate.

Prep Time. In addition to the prepping of exhibits and witnesses that are outlined above, your attorney will need to prep you for your hearing. This will usually come in the form of several emails and/or phone calls in addition to an in-person conference as well.

Travel. While some Courts have moved to virtual hearings for some matters, most Courts will require an in-person hearing for the Permanent Orders hearing. Depending on where your attorney is established, the travel time to the courthouse can be a significant cost.

The bottom line is that you have some control in how much your case will cost, but not completely. Some depends on the temperament of the other party and/or their attorney. Some also depends on the Court, their docket availability, and their case management orders.

Without a doubt the cheapest and most beneficial way to go through a family law case, if you can help it, is to come to agreements without Court involvement or attorneys. This can be the difference between a couple of hundred dollars and tens of thousands of dollars. Being at least open and committed to trying to work through the issues will keep more of your marital estate in the parties' pockets instead of the attorneys.