Many factors can affect the financial cost of divorce: What are the issues and their complexity? Have the parties reached an agreement regarding all or some of the issues? Generally, the more complicated the divorce becomes the greater the financial cost. Elements of a divorce that can drive up the financial cost of a divorce settlement include division of property such as real estate and retirement or the parties’ inability to reach an agreement regarding custody.
Of course, aside from the issues, the attorney’s hourly rate is a factor in the cost. Generally, a more experienced attorney will charge more per hour than a less-experienced attorney. It is also important to note whether the attorney has a legal assistant or paralegal available to perform some of the work on the case at a lower hourly billable rate.
The financial costs associated with a divorce outside of an attorney’s hourly rate can include process server fees, depositions, courier fees, and administrative costs of the attorney. Of course, the filing fee is determined by the county in which you file your divorce and, in most cases, is based on whether children are involved. For example, Dallas County Family Court Filing Fees for a divorce without children are $244.00 and a divorce with children costs $284.00 to file.
The process server fees are set by the particular process server; some attorneys utilize a private process server while others utilize the county’s constables. Private process servers range from $55.00 to $75.00 for in-county service if it can be served within three attempts. The Dallas County Constables charge $70.00 for citation. Either a private process server or constable can serve someone with a lawsuit, except for a temporary ex parte protective order, which must be served by a constable.
Other financial costs of divorce that you may encounter include mediation fees and deposition fees. Private mediators charge anywhere from $350-$500 for a half-day mediation. In Dallas County, the Judges can order mediation to be held at Dispute Mediation Services (DMS), which only requires a $100 fee. Consult with your attorney about what is best for you and your case. Deposition fees include the court reporter’s time and the cost of the transcript. Court reporters generally charge per page at a rate of anywhere from $1.00 per page to $2.50 per page.
The way to keep the financial cost of divorce down in your case is to be organized and provide the information your attorney requests in a timely and organized manner. Also, depending on your situation, you may be able to reach some agreements with your spouse that you can present to your attorney for review.
In summary, make sure that you go over the financial costs of divorce, and associated serving and administrative fees, so that you are clear on what you will be charged for in your divorce. Divorce is stressful without considering the economics of it. Don’t be afraid to ask your attorney for cost-saving options.
It’s true. My mom had to get a second job to afford the divorce.