If you are facing divorce, you may be fearful if you have heard horror stories about the costs of divorce, and especially about how much it costs to hire a divorce attorney. Hiring a divorce lawyer is not a simple decision and educating yourself about how lawyers get paid can help you as you decide on whether or not to work with an attorney, and which attorney to hire.
Understanding How Attorneys are Paid
Attorneys are typically paid on a retainer-basis, or on a flat-fee basis.
- Retainer Agreements - Having an attorney on retainer simply means that you deposit money with the attorney, and he or she uses that money towards his/her hourly rate and other fees. Retainers are often used when divorces become complex, and require more lawyer involvement.
- Flat-Fee Agreements - Simpler, more direct and often uncontested divorces may involve lawyers receiving flat fees. This means that you pay the attorney a one-time payment, for which they provide specific services, such as filing your documents with the court, or helping you with a particular hearing.
Which payment arrangement works best for you and your particular divorce depends on a variety of factors. You may have a very complicated divorce, or your relationship with your spouse may be of an abusive nature, so you may choose a retainer agreement because you need to have your attorney involved at various stages of the divorce process. You may also have extensive assets involved in the divorce, and paying your attorney a retainer makes sense so that you have ample access to that attorney’s expertise in adequately dividing your assets.
On the other hand, your may find that you and you spouse have already agreed to most of the terms of your divorce settlement, and you simply need assistance with the filing of forms and other simpler legal processes. Paying a flat fee for such services may make more sense in your case.
Getting Help
Regardless of the payment arrangement, the attorney you hire can make a huge difference in how successful you are in getting a fair divorce settlement, so you should do your homework! You should interview attorneys before deciding which one to employ. Take into consideration what you need, how long the attorney has been in practice, his or her track record in negotiating fair divorce settlements, and whether or not his/her particular style suits you.
