Once both of you have decided to file for divorce petition, it all gets down to dollars and cents. Once the couple has made up their mind to legally separate, it becomes their first concern how much they have to pay for divorce process. At that time, emotion takes a backstage and court cost and attorney fees become the only thing to worry about.
Generally both spouses have to bear their own share of court cost. As both of you have individual attorney to represent your case, so it is your responsibility to pay for attorney fees. However, your attorney may request the court on your behalf that your spouse is made responsible to bear a part or all of these costs and fees. In some situations where one spouse is not financially sound, the court may order other spouse to pay for the entire cost.
In addition to it, how much one is to pay also depends on if he/she has best attorney on his/her side. This is a strong point not to overlook while hiring the service of a divorce attorney. Let us expound some important aspects that contribute to the cost of divorce petition and following procedures:
Whether it is an amicable divorce or adversarial: More you and your spouse agree on some major issues like child custody, child support, sharing of marital property, less you have to bear for attorney fees and court cost.
If you two are battling over the children’s custody: A custody battle means your attorney has to spend more time in the case and that will eventually add to your divorce billing. He may request the court to call in an expert for witness. Moreover, psychiatric evaluations are done in cases of custody issues. The court may appoint a Guardian Ad Litem to come to a decisive conclusion. All these mean you have to incur more cost.
Value of marital assets & amount of debt: If there is a large accumulation of marital wealth in terms of physical assets or other riches, your attorney may hire a Certified Divorce Financial Analyst, pension fund expert and a professional for real estate value appreciation. These are added expenses that you have to pay for.
Legal strategies of the attorneys on both sides: If you and/or your spouse have hired an attorney who thinks that aggressiveness is the best way to settle a case, you should rethink your decision twice. Such an attitude will take a long time for settlement and you have to pay more for that. At any moment, you may fire your attorney if he seems to be in no mood for early legal settlement.
How much you are paying for attorney fees: It is always a wise decision to hire an experienced divorce attorney. Most of the attorneys charge outrageous fees but if you are in some luck, you will find a few ones who are willing to fight for your legal right at reasonable fees.
If you two try to put aside your differences outside the courtroom and agree on the most important aspects, you will be able to cut down cost and everything will be settled much earlier than expected.