As far as divorce, everyone seems to know an individual that has gone through the divorce process. Divorce is one of the most common legal matters that occurs in the United States. According to the United States census, more than 670,000 divorce or annulments occurred in 2022 alone.
The term divorce refers to a legal procedure in which the legal marriage between two individuals is dissolved. Importantly, each state has their own specific laws regarding divorce. Florida’s laws regarding divorce may be found in Chapter 61 of the Florida Civil Practice and Procedures. That chapter covers divorces, child custody, and other family law matters, including general provisions and specific rules related to child custody and enforcement
Oftentimes, the divorce process can be a complicated matter. Due to the complexity of divorce cases, divorce is also commonly an expensive matter. Due to the cost of living in Florida, divorce in Florida is oftentimes more expensive than obtaining a divorce in other states where the cost of living is less.
However, divorce does not always have to be a complicated and expensive process. There are methods of avoiding certain costs and pitfalls associated with divorce. The following article explores costs associated with obtaining a divorce in Florida, including ways in which you can avoid certain costs and expenses.
What Is the Average Cost of Divorce in Florida?
When it comes to divorce in Florida, one of the main questions asked by individuals is how much will it cost me to get a divorce. To be clear, there is not one single answer. The reason that there is not a single answer regarding the average or total cost of divorce is because all Florida divorce cases are unique.
In other words, each and every divorce case will have a different set of unique facts and issues that may impact the total cost of the case. Because of the uniqueness of each divorce case, it is difficult to determine an exact average cost of divorce in Florida. This is especially true if the divorce case is contested.
A contested divorce case is a divorce case where the parties dissolving their marriage cannot agree on all the issues that need to be addressed in a divorce. Common issues in a divorce include the division of marital property, child custody, and spousal support to name a few.
There are numerous organizations that attempt to track the average cost of divorce in Florida. According to those studies, the average cost of a divorce in Florida with children is approximately $20,000. The average cost of divorce without children is approximately $13,500.
However, if the divorce is uncontested, then the costs related to obtaining a divorce are significantly lower. In fact, if the parties engage in a do-it-yourself (“DIY”) divorce, then the divorce process can be completed for less than $500. If one of the party’s consult an attorney, then the cost can range between $2,000 to $5,000 depending on the paperwork that is required.
What Are the Fees Involved in a Florida Divorce Case?
There are numerous fees that are involved in obtaining a divorce in Florida. Each step of the divorce process may involve different court or legal fees that will have to be paid in order to continue along with the process. The following is a breakdown of the fees involved in a divorce case.
Attorney’s Fees
One of the main fees involved in a Florida divorce case is the total amount of attorney’s fees. When an individual retains an attorney in a divorce case, that attorney’s fees will generally be calculated based on an hourly rate.
It is important to note that depending on a lawyer’s experience and other factors, an attorney’s hourly rate can vary considerably. A lawyer’s hourly rate will always be stated in an attorney fee agreement that is reached between the client and the lawyer.
An attorney fee agreement is a written contract, which may or may not also include a stated retainer fee. A retainer is an upfront fee paid by a prospective client upfront to secure an attorney’s services. Fee agreements are very important as they provide legal proof of a contract between client and attorney.
A well-written attorney-client fee agreement will contain certain information that will be beneficial in you being able to evaluate the total cost of attorney fees in your case, including:
- The total amount of any initial retainer payment that you may need to pay before the attorney begins work on your case
- It is important to note that a retainer will often work as a deposit and the attorney will then work and bill against the retainer when performing work on the case
- A clause as to whether or not the retainer is refundable or immediately collected in full
- A breakdown of the attorney’s billable rate, along with the support staff’s billable rate
- As mentioned above hourly billing is the most common pay structure in divorce cases
- Many attorneys will utilize support staff such as law clerks, paralegals, or even associate attorneys to reduce case fees for the daily tasks involved in managing your case on a day-to-day basis
- A description of the legal services that the attorney is being retained to perform
- Fee agreements will often specify that the attorney is accepting the client and will render services involved with their divorce case, including pre-trial hearings, negotiations with the other side, document drafting, etc.
- The contact information for all the parties in the contract, including the attorney, support staff, the client, as well as the charges related to utilizing such communications
- The fee structure for any other items outside the attorney’s hourly rate, such as fees for filing costs, copies, long distance phone charges, mail expenses, meal expenses, travel expenses, etc.
It is important to thoroughly understand any fee agreement prior to signing the fee agreement. A properly drafted fee agreement will be able to ensure you have no surprises when it comes to your attorney’s fees.
Fees Outside of an Attorney
Although an attorney’s fees will often be the largest of the fees associated in a divorce case, there are also other fees associated with obtaining a divorce in Florida.
In addition to an attorney’s overall fees, other factors that may contribute to how expensive an overall divorce case will be include:
- Whether or Not the Divorce Is Contested: Once again, uncontested divorce cases are going to almost always cost less to complete than contested cases, as there will be less time and money spent arguing over divorce issues
- Whether or Not Discovery Is Required: In Florida, both parties in a divorce case are required to complete a preliminary declaration of disclosure, which includes providing an Income and Expense Declaration and a Schedule of Assets and Debts.
- These disclosures must be served on the other party within 45 days of the initial petition or supplemental petition for modification
- Beyond mandatory disclosures, additional discovery methods, such as interrogatories (written questions to the other party), requests for production (requests for documents from the other party), or depositions (oral questioning of a party under oath) may also be utilized and result in higher divorce case fees
- Specialists and Expert Witnesses: Many divorce matters may require the assistance of a specialist or an expert, such as accountants or appraisers
- Expert fees will increase the total cost of the divorce case
- Miscellaneous Fees: Miscellaneous fees, such as paying private process servers to serve the other party, paying court filing costs, paying for mediation, paying for certified copies of documents, mailing costs, and other fees involved in handling a divorce on a day-by-day basis will also impact the total cost
As far as the actual filing fees for filing a divorce papers in Florida, the filing fee for a divorce in Florida is typically around $408. In addition, there may also be other fees, such as the $10 fee for the summons to be served on your spouse. Importantly, you can request a fee waiver from the court, if you qualify for such a waiver.
Do I Need an Attorney for Help with Divorce Costs in Florida?
As can be seen, the fees involved in obtaining a divorce in Florida can add up quickly. Importantly, the divorce process is often a complicated matter, and one wrong move could result in you losing significant assets or encountering additional costs. However, navigating the divorce process correctly can lessen the total costs of obtaining a divorce and reduce your risk of encountering any issues down the road.
As such, if you are involved in a divorce or thinking about getting a divorce, it is in your best interests to consult with an experienced Florida divorce lawyer. LegalMatch can assist you in setting up a consultation with a family law lawyer in your area.
An experienced attorney will be able to help you understand Florida’s laws and procedures on obtaining a divorce. A divorce lawyer can also reduce your costs in the long run by helping you navigate the more complicated aspects of the divorce process. They will also be able to ensure that your legal rights are protected throughout the entire divorce process. Finally, a lawyer can also represent you in court, as needed.
