& Family Law for More Than 25 Years.
A Firm Focused on Divorce and Family Law.
Getting divorced is usually one of the most stressful periods in life. Uncertainty about the future, raising children as single parents and the necessity of employment and lifestyle changes are among the issues that cause anxiety. One of the biggest stressors in divorce is the financial cost of legal proceedings required to end the marriage. Having an informed expectation of the divorce cost in New Jersey can help to reduce that stress.
The filing fee to start a contested or uncontested divorce in New Jersey courts is $300. If children are involved, there is an added $25 cost to cover attendance at a 4-hour parenting class. Serving papers on the other spouse typically runs from $65-$110 depending on the method of service.
As the divorce proceeding progresses, there may be a need to file prejudgment motions that are requests to the court for temporary alimony, child support, adoption of a temporary parenting plan or the interim use of property. Most basic motions incur a $50 court fee that must be paid when the motion is filed. Typical divorces often require at least 2-3 motions, while complex cases may necessitate as many as 15 motions.
Low-income parties may be able to have filing and motion fees waived with proper documentation.
Paying an attorney is usually the most substantial factor impacting divorce expenses. In New Jersey, experienced, knowledgeable family law attorneys charge between $250 and $500 per hour. Most attorneys charge an initial retainer ranging from $2,500 to $7,500 that is billed against as work progresses. The retainer amount may be determined by an initial assessment of the conflicts that must be addressed.
While it may be possible for couples to handle a divorce for about $500 without involving attorneys, having legal expertise to at least review documents can help ensure all relevant issues are covered and that a fair distribution of assets occurs. Reopening property distribution issues once a divorce is final is often difficult, so making sure all financial issues are properly dealt with when the divorce is finalized can be critical to your future financial welfare.
An uncontested divorce in which spouses agree on all financial, custody and property issues can save tens of thousands of dollars. Attorney involvement may be limited to drafting paperwork, assisting with mediation, ensuring all issues have been addressed and navigating court procedures. Reasonable mediator and attorney fees in an uncontested divorce often range from $3,000 to $7,500.
In a contested divorce, legal fees will be determined by the number and complexity of the conflicts that must be resolved. The average cost of a typical contested divorce involving discovery, negotiations and multiple court appearances has been estimated at between $12,000 and $15,000 but can easily balloon toward $50,000, particularly when a trial is involved.
Examining the divorce process shows how that average cost can be reached. After a divorce is initiated, a discovery process usually takes place in which spouses exchange information to flesh out the issues. An attorney may need to spend several hours preparing interrogatories and requests for documents. Reviewing the information obtained involves several more hours. If depositions are needed, each will often require four or more hours of attorney time plus transcription costs.
Once discovery is complete, the court typically assigns the parties and counsel to appear before a settlement panel to resolve financial issues. If settlement is not achieved, the court may order economic mediation. A court-approved mediator is selected to help the parties reach agreements on outstanding issues. The intent is to negotiate toward resolution in a non-adversarial setting, although attorneys often appear with clients at mediation sessions.
Mediators don’t charge for the first two hours. This typically involves an hour of preparation and an hour of actual mediation with the parties. If the parties fail to resolve the issues but want to continue mediation, they must pay the mediator’s hourly rate. Rates typically range between $275 and $500 per hour.
If issues remain unresolved, the parties and attorneys will likely be ordered to appear for a mandatory settlement conference before a Family Law Division judge. Several more hours of attorney time may be required to prepare plus time required to attend the conference.
Most cases settle short of trial. The system is designed to encourage parties to reach a reasonable settlement, and early settlement often saves thousands of dollars.
If trial is required, divorce costs skyrocket. Attorneys must prepare legal briefs for submission to the court, subpoena witnesses and prepare documents and witnesses. Thorough trial preparation at this stage may require 15 to 20 hours of attorney time. The length of trial will depend on the complexity of the issues to be resolved. Assuming six to eight hours of in-court time per day plus a couple hours of daily preparation can easily result in $3500 in attorney fees per day.
Instead of trial, parties can utilize mediation to resolve divorce issues. Typical mediation takes three to eight sessions, each lasting several hours. For most couples choosing mediation, the cost runs between $3,000 and $8,000 that is split between the spouses resulting in savings of 50% or more compared to litigation.
Professionals with specific skills, expertise and training are often required to provide the parties or the court information necessary to resolve the case. These experts may include custody evaluators, psychologists, doctors, real estate appraisers, investigators or forensic accountants. Costs vary greatly depending on complexity of the issues and the information required by the court.
For example, when significant child custody and visitation conflicts exist, the court may appoint a custody evaluator. This is often a mental health expert who will meet with the parents, children and significant others. The evaluator observes interactions between the child and parents and provides a written report to the court recommending custody and visitation arrangements that will be in the child’s best interest.
Evaluator rates range from $300 to $500 per hour. Complete evaluations can run from $3,000 to $10,000. The court determines how evaluation costs are split between the parties and can assign a greater share to the parent with the higher income.
If parties cannot agree on the value of the family or vacation homes, an appraisal from a certified real estate appraiser will likely be necessary at a cost of $450-600. If a spouse is self-employed or owns a business, an expert business valuation may cost between $3,000 and $10,000 or more.
Pension valuations needed to fairly divide retirement accounts often cost $300-$1,500. Forensic accountants may be necessary if one spouse suspects the other is hiding assets. Tracing income and locating and evaluating assets may result in an additional $5,000-$15,000 or more. Medical experts may be required to determine the cost of specialized healthcare that, in turn, may impact child support or alimony payments.
The accumulation of significant wealth and assets often makes divorce more costly due to the complexity of issues and need for additional financial expertise. Typical assets in such cases often include multiple high-value residences or other real estate, investment portfolios, stock options, businesses, high-dollar retirement plans, foreign bank accounts and intellectual property.
A variety of financial experts must often be retained to trace property ownership and determine values to allow for equitable distribution. Skilled appraisers may also be necessary to place values on personal property such as furniture, artwork, jewelry, guns and memorabilia.
Litigation and expert costs can easily reach $50,000-$100,000 per spouse for complex, contested high-asset cases.
There are several ways to reduce the financial cost of divorce. Voluntarily organizing and providing your attorney with a complete list of assets and debts with supporting documents can often save five to ten hours of attorney time spent on discovery. This includes property and mortgage records, bank statements, tax returns, retirement and pension statements, vehicle records and copies of current bills.
Communicate directly with your spouse whenever possible rather than going through attorneys. Negotiate agreements to split the cost of experts. Resolve as many issues as possible through mediation and negotiation short of trial to minimize court time.
Courts may order a spouse to pay a portion of the other spouse’s legal fees. This typically occurs where one spouse has a financial need and the other has superior assets or earning capacity and can afford to pay the bill.
The divorce cost in New Jersey is often substantial, especially when long-term marriages are involved or where the parties have acquired substantial assets. Utilizing the skill of a knowledgeable family law attorney can be well worth the investment to help ensure you receive a fair share of property, adequate child support or alimony and reasonable custody or visitation rights. Making the necessary investment today to obtain experienced legal guidance can help ensure a stable, better tomorrow for you and your family. If you are thinking about filing for divorce in New Jersey, call the Law Offices of Peter Van Aulen at (201)845-7400) for a free consultation today.