The factors in the cost
The truth is, there is no clear amount when it comes to the cost of a Florida divorce. Every dissolution (or divorce) is different. Some factors that go into a case include:
- What type of case is it?
- Original divorce
- Paternity
- Modification
- Relocation
- Injunction
- Adoption
- Adoption
- Who is representing the other side?
- Some attorneys cause more problems than solutions
- Pro se litigants can cause unnecessary work
- Is family law their area of practice, or are they helping a friend?
- Will it be the traditional litigation model or the collaborative process?
- Will it be the traditional litigation model or the collaborative process?
- Do the facts change during the case?
- Do you learn you are not the Father?
- Do you learn there are hidden bank accounts or assets?
- Does an injunction get filed?
- Does DCF become involved?
- Are there complex issues?
- Are there child abuse, drug abuse, or criminal behavior allegations?
- Does one party lose their job? It is voluntary or involuntary?
- Does a party get arrested?
- Does a party get arrested?
- Are there other people or entities that should be added as parties?
- Is there a Trust that needs to be added?
- Do non-parties own a portion of the marital home?
- Are their non-party partners in a business?
- Is there a marital corporation?
Any or all of the above may not exist when you interview your attorney and advise that it is an uncontested divorce. However, as soon as even one of these potential issues arise (or others not mentioned), it can cause additional work in your case.
Additional work does increase the cost of your case. If the parties work well together, then costs will likely be less. However, if the parties are fighting and continuously filing motions, then the costs of litigation will increase.
If one or both of the parties are being unreasonable, withholding children, hiding assets, spending all the funds, financing an extramarital affair, etc. this can cause an increase in litigation and therefore it will cause an increase in the cost due to the extra work that needs to be done by your legal team. You may even need to hire experts to assist your legal team (CPS, GAL, forensic accountant, therapist, realtor, etc.).
The general cost of a dissolution of marriage (divorce)
Divorces can generally run anywhere from $3,500.00 (uncontested without children ) to over $100,000.00, depending on the parties, the issues and the facts. That being said, if you want to ensure that your divorce is handled properly, your concern should not be the cost of the divorce but the experience and reputation of the counsel you retain to represent your interests.
When going through the divorce process, it pays to have experienced litigators protecting you and your children to ensure that your goal for resolution is achieved. You want to have an attorney who will tell you the truth and not just what you want to hear, which is not helpful for you in the outcome of your case. You need an attorney who will be in your corner, keeping your expectations reasonable. You need to work with the attorney and their team, and you should be the leader of that team, getting your legal guidance from the legal professionals that are giving your information and creating options for resolutions.
The expenses you still have to pay
Your divorce has been filed, so what do you still have to pay? The answer to that question is not as straightforward as you may think. Each Circuit Court has its own rules regarding what parties can and cannot do during the pendency of a dissolution of marriage action (divorce).
Some Circuit Courts have a “Standing Administrative Order” which orders both parties to follow certain rules while their dissolution is moving forward. Petitioners (the party that initially filed the case) are provided a copy of the order at the time they file their case by the Clerk of Court. The Respondents (the party being served with the papers) are usually provided a copy of the order with the initial pleadings at the time of service. It is imperative that both parties read the order, as they will be held to comply with the order during the case.
Typically, you still have to pay whatever it was you were paying the day before you filed the Petition (marital bills, day care, credit cards, mortgage, insurance, etc.). You should be providing for your spouse and the children until there is an order that provides a different set of expenses you are required to pay.
Again, most Standing Administrative Orders direct both parties to continue paying the bills they have historically paid throughout the marriage. That means if you paid the mortgage and electric bill during the marriage and you moved out of the house, you cannot just stop paying the mortgage and electric bill because you are no longer residing in the home. It does not matter that you have to rent somewhere else. You are ordered to continue to pay the bills as you have historically done throughout the marriage, unless you get permission from the court to stop.
To ensure that you comply with the courts’ orders during your dissolution of marriage action, it is imperative that you read all of the documents you receive thoroughly and seek the assistance of counsel if you have any questions regarding what expenses you are required to continue to pay during the pendency of the case.
After a dissolution of marriage (divorce), people take on some marital debt that is in joint names, or even sometimes just in the other person’s name. You may not discharge out of marital debt in a Chapter 7 case if said debt was distributed to you in a dissolution of marriage action unless your former spouse agrees.
Marital debt after a dissolution action may be dischargeable in a Chapter 13 bankruptcy.
Suppose you want to discharge out of marital debt. In that case, this should and could be done before the dissolution action is finalized. Martial debt does not matter whose name is associated with the debt. So it may be a good strategy to agree with your spouse to discharge the debt before the dissolution is finalized to avoid debt issues and possible problems filing after your divorce is final.
Fees
Everyone’s case is different
If you or someone you know needs assistance with a divorce, please seek the advice of an attorney to answer your questions. You should hire an attorney you trust that will explain the financial responsibilities each step of the way. Remember, everyone’s case is different. You need a team that will work with you and your individual needs.
In order to keep on top of your financial responsibilities, here at Schwam-Wilcox & Associates, we send you a billing statement twice a month. You will see exactly what is being done, by what employee, how long it took, and how much money you have left. You should have that transparency at any law firm you hire.
How to Respond to a Relocation Petition
Petitions for Relocation require very specific objections if you are objecting to the other parent and your child(ren) from relocating. If you do not respond to a Relocation Petition, that is treated as a consent and the Court will enter a Final Judgment granting the request for relocation; therefore, it is extremely important to get an objection timely filed if you want to object to that relocation.
The relocation statute, in FL is VERY specific and must be followed and copied, with exact language in the statute, and if that is not in the Petition, it can be dismissed with ease. If you are filing for a relocation you may request a temporary move and that must be heard within 30 days and the trial is expedited and must be heard in 90 days. Be sure that you give the court notice of the filing, as the Judge may not see what is filed in the Clerks Office timely, so be diligent in sending and Relocation Petitions to the Judicial Assistant (including the other side of course to avoid ex parte communication with the court).
Contact Schwam-Wilcox & Associates for guidance
We can guide you through the process.
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