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Why Divorce Is Expensive - Next with Lena Nguyen

Why Divorce Is Expensive

In the United States, it costs under $100 to legally marry someone, and on average, $15,000 to legally divorce someone. What makes divorces so expensive? The more contentious a divorce, the higher the cost of divorce.

1. Attorney’s Fees

The bulk of attorney’s fees is accumulated from discovery. Discovery is the part of the divorce process where the parties use certain legal procedures to obtain evidence from the other party. There are six forms of discovery in family court: 1) interrogatories; 2) requests for admissions; 3) requests for production, inspection, or entry 4) depositions; 5) subpoenas duces tecum; and 6) mental or physical examinations.

2. Attorney Ad-Litem

An Attorney Ad-Litem is appointed by the court to provide legal services to a person, such as a child. The judge, one spouse, or both spouses can request an Attorney Ad-Litem for the child(ren). They are the child(ren)’s advocate and will express the child(ren)’s wishes to the court or jury.

3. Amicus Attorney

An Amicus Attorney, also known as a “friend of the court,” is appointed by the court to provide legal services for the court. The Amicus Attorney does not represent either party or the child(ren). They are the eyes of the court outside the courtroom. They make home visits, conduct interviews, and attend court hearings. An Amicus Attorney assists the court in protecting the best interest of the child(ren).

4. Therapists

I always encourage clients to hire therapists for both themselves and their kids because 1) my fees are higher than a therapist’s, so they do not want to vent to me and 2) mental health matters.

5. Private Investigators

Private investigators are hired in divorces to obtain evidence and proof of certain events. I know some people who have hired up to 6 private investigators at one time to follow their ex-spouse. While I think that might be a bit excessive, if it gets the job done then it was worth it.

6. Forensic Accountants

Very often I represent a spouse who has zero knowledge of their family finances. Unfortunately, the discovery tools I can use will not often reveal all assets, especially when a spouse is hiding assets. I often hire forensic accountants to assist in this investigative process.

7. Process Servers

Process servers deliver legal documents, such as subpoenas (a court summons), to a defendant or person involved in a court case. The more witnesses my client needs for trial, the more the client will have to pay in fees to a process server.

8. Document Copies

Legal cases, undeniably, rely on physical document copies. Although we are living in a highly technological society, judges, courts, and lawyers still print out their documents. From my experience, many judges do not appreciate pulling documents onto tablets, laptops, or phones to show them. Some firms charge per paper copy and some firms have a flat monthly printing rate.

9. Travel Fees

Attorneys usually charge a travel fee to attend court. The longer and further the commute, the more you will have to pay.

10. Court Costs and Filing Fees

To start a court case, you will have to pay a filing fee. In addition, because most courts have electronic filing, every document filed electronically is also charged a nominal fee around $2.00 per filing.

11. Mediators

Medication is a procedure where the parties hire a trained impartial third person (in divorce cases, it is usually someone with extensive knowledge of family law) to assist the parties in reaching a settlement. Some courts require mediation before the case can go to trial.

12. Appraisers

Appraisers are hired by the parties to get an estimate of all the marital assets that need to be split. Parties will often hire their own appraisers. Appraisers are also used as expert witnesses when spouses argue over the value of a property.

13. Custody Assessments

When parties cannot come to an agreement regarding custody of their children, the court may order a child custody evaluation. These are completed by mental health experts that are either court-appointed or chosen by the parties. Their job is to evaluate the family and make recommendations to the court regarding custody of the children.

14. Tax Accountants

Divorces involve a lot of tax concerns and implications when splitting marital property. For instance, what are the capital gains on the real estate and how much will that cost at tax time? I encourage clients, with a high net worth and a lot of assets, to talk to a tax professional before agreeing to a settlement.

15. Psychologist/Psychiatrists

In some cases, the judge or a party can request a psychological evaluation of the other party when mental health is an issue in the case.

DISCLAIMER: The following information found on www.legalattraction.com is provided for general informational purposes only. It may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice or the creation of an attorney-client relationship. This information is not intended to be a substitute for legal representation by an attorney.

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