Understanding the Costs of a New Jersey Divorce: An Overview

There are unseen costs in divorce: the emotional toll, time lost with children, and the energy as well as the time it takes to dissolve a marriage. But most people facing divorce want to know the financial costs before filing their paperwork and are curious about what a divorce in NJ will cost them. There are a number of different matters that need to be considered when working to generally calculate what you might anticipate to spend in regard to a New Jersey marriage dissolution case.

Filing Pro se – Without the Assistance of a New Jersey Divorce Lawyer

Of course, you can reduce how much a New Jersey divorce costs if you decide to file everything yourself, or pro se, and forego hiring an attorney. However, if you make a mistake by proceeding without legal representation, it might cost you a great deal in the long run.

Even if you elect to proceed pro se or on your own, there will still be court costs associated with you divorced case. The initial filing fee associated with filing a Divorce Complaint in a New Jersey court is $300. You must keep in mind that the costs associated with starting a divorce case, with filing a complaint in court, can changes without any real notice to you. Bear in mind that there likely will be other costs associated with a New Jersey divorce, even if you proceed on your own. For example, if you have children, you should expect to pay a $25.00 parent education fee.

Hiring a Divorce Attorney

If you decide to hire an attorney, this will increase your costs – although you should probably think of it as an investment in your future. It is difficult to say with certainty how much your attorney will charge you. Most attorneys in NJ will charge between $250-500 per hour. They usually ask for a retainer up front, which can be anywhere between $2,500 and $15,000.

Some statistics show that on average, one can expect to pay $12,000.00 in attorney’s fees for a divorce. With that said, in many instances, attorney fees can come in below this level. This particularly is possible when divorcing couples are able to maintain some sense of civility during the proceedings.

In most instances in New Jersey, divorce lawyers utilize written contracts with their clients. Written agreements make it easier for people seeking to end their marriages to have a better understanding of what the costs associated with engaging legal counsel will be in their case.

Contested Divorces

Contested divorces represent marriage dissolution cases in which the parties disagree over multiple items, which oftentimes include:

• Division of property
• Value of their estate
• Child custody
• Other issues

Anytime the parties reach an impasse and cannot agree or settle their issues, this only increases the costs associated with a New Jersey divorce. Every time you have to file a motion, this will cost you money. If you hire an attorney, any time the parties must appear in court, they are charging you for their time (and sometimes even travel!). If you’ve ever been in a courtroom, you know that there is very often a lot of waiting around. This can increase the costs of your divorce exponentially.

If you cannot agree on the value of certain property or assets such as your home, then it might require you to hire an expert appraiser. This will increase the costs of litigation.

Perhaps you believe there are issues with the alienation of a child by one parent. You might consider hiring a third-party attorney to represent the interests of the child or even hiring a psychological expert to determine if there is evidence of this behavior. Every person that you must hire as an expert witness to prove your assertions for your divorce in New Jerey costs more than if you and your spouse could resolve the issues through direct negotiation.

Additionally, courts in New Jersey require parties to attempt mediation a before resorting to a trial. Usually, the parties will get two hours free of charge to try to resolve their differences. However, if the parties still cannot reach an agreement at this point, mediators will begin charging by the hour for their time. The system is geared to encourage parties to negotiate a reasonable resolution and discourages lengthy litigation.

New Jersey Fault Divorces

Should you try to assert that your spouse caused the divorce because of adultery, abuse or some other cause, this could also increase your costs. That’s because you must provide evidence to the court that these grounds exist. So, for example, if you assert that your spouse committed adultery, resulting in the breakdown of the marriage, you’re going to have to prove that. This might require hiring a private investigator, or a forensic technologist to review computer or cell phone records. Thus, the broader appeal of New Jersey no-fault divorce proceedings.

Ordering payment of Attorney’s Fees

Sometimes, the court will order one spouse to pay the other spouse’s attorney’s fees. In most cases, this is because the requesting spouse is unable to pay for the fees themselves (such as if they are out of work), and the other spouse can foot the bill. However, there are some instances where a party could be ordered to pay for any costs associated with a motion that was filed due to their unreasonable behavior. A good example of this is the filing of motions requesting discovery. Parties must usually provide their financial records or proof of assets in a divorce. If they continuously refuse to do so, and their spouse has to seek court intervention, a judge might order the refusing party to pay the costs associated with the other party having to file a motion and get it heard in court.

After the Divorce

Some individuals are surprised that costs continue to accrue even after the divorce decree is signed. Some assets will require a transfer of title – usually real estate, or motor vehicles. To get this professionally drafted, you will need to pay someone. The county clerk’s office will also charge a fairly low fee to properly record the title in the county’s records. Sometimes, retirement must be divided using what’s called a Qualified Domestic Relations Order (QDRO). QDRO’s can be complex and varied, and you should always get a professional to draft these documents. Failure to do so can be devastating to your future. An incorrectly divided retirement can mean the recipient spouse ends up with nothing in their twilight years.

If you have questions about what a typical divorce in NJ costs, contact the law offices of Peter Van Aulen today for a free initial consultation at 201-845-7400.