Getting a divorce is about as pleasant as an ongoing root canal, and you pay for the pleasure. Divorce costs more than just the money for filing fees and lawyers, however. It also costs you time, and most importantly, it can cost your well being, and even impact your children, if it becomes an acrimonious process. For all of these reasons, it is advisable to consult an experienced divorce attorney at the beginning of the divorce process, who can advise and lead you on the most expeditious, cost-saving, and legally appropriate path. This can save you a lot of time, aggravation, and money down the road.
Court, Attorney and Expert Fees
Courts in Central New Jersey charge a fee every time you file legal paperwork. To initiate divorce proceedings in New Jersey you must file a Complaint for Divorce, which costs $300 to file, plus an extra $25 for the parent education program if you have unemancipated children.Filing an Answer and Counterclaim to a Complaint costs $175, plus the $25 fee for the parent education program. There are also costs for having a lawyer. Most attorneys ask for a retainer at the outset of representation, which is then billed against as the case proceeds and work is done on your behalf. In some cases, generally limited to uncontested divorces, an attorney may charge a flat fee for a divorce. Nevertheless, attorneys are not permitted to charge a contingency fee for a divorce case. Finally, in some cases, experts might need to be retained by the parties, to appraise property and businesses, to resolve custody disputes or to assess the parties’ lifestyle expenses. Each of these experts must be paid as well.
Time
Divorce costs you time. Time to discuss it with your soon-to-be ex-partner; time spent in court; time to meet with your lawyer; time to think about how to fairly distribute marital property; and time to figure out a proper custody schedule. The more relations break down between you and your spouse, the more time your divorce will take. If you contest everything, or your spouse contests everything, not only do the proceedings drag on, but the marital estate is drained of assets as lawyers and experts are paid on both sides. Again, the more the parties can manage to work together and keep conflict to a minimum, the less time and money is spent obtaining the divorce.
Emotional Well-Being
Going through a divorce is one of the most stressful events that takes place in the lives of most people. Just as getting married was a monumentally happy occasion for most people, divorce is felt by many as a monumental failure, and it is extremely difficult to get through, even under the most amicable circumstances. The more you and your soon to be ex argue, the more stressful the divorce proceedings become. When there are children involved and disputes over custody and child support issues, emotions run even higher.
How To Manage the Costs of Divorce
The more complicated and contentious the divorce, the more it will cost, in every area. If experts need to be hired because of disputes related to custody or property division, thousands of dollars can be spent on that alone. While it is impossible to predict up front how much a divorce will cost, you can be aware of what tends to drive costs. If your spouse is going to disagree on every point, or intentionally behave in ways that increase legal fees, then your divorce will be more expensive. The less confrontational and litigious, the less your divorce will cost. Unfortunately, if the other side is being unreasonable or unfair, you may have to take a more litigious position to enforce and secure your rights. The best way to manage the costs of divorce is to avoid court as much as possible, and resolve things with your spouse, and with the assistance of your attorney, as amicably as you can.
Your Spouse Can Be Ordered to Pay Your Legal Fees
New Jersey courts do have the authority to order one spouse to pay the other spouse’s attorney’s fees in a divorce proceeding, both during the divorce, and at its conclusion. When faced with a request for attorney’s fees, a court will consider:
- the need for attorney’s fees by the requesting party;
- the other spouse’s ability to pay the fees being requested;
- the good faith or lack thereof by the party requesting the attorney fees; and
- whether the amount requested is reasonable.
Do You Need a Central New Jersey Divorce Lawyer?
If you are considering a divorce but are concerned about the costs of divorce, both tangible and intangible; consult with experienced divorce attorney Steven M. Cytryn of The Law Office of Steven M. Cytryn today. Mr. Cytryn will discuss all of your options and the most cost effective way to proceed with your divorce, and can explore whether you might be entitled to an award of attorney fees. Contact an experienced central New Jersey divorce lawyer today, and let him help you keep the costs of your divorce manageable.
