How much does a divorce or family law attorney cost?

The cost of a divorce or other family law matter can vary dramatically from one case to the next, dependent on factors beyond your attorney’s control.  Will your spouse hide assets?  Will your spouse withhold custody, requiring the filing of motions for contempt and family access?  How much discovery needs to be conducted in your case, if any?  These are some of the many factors that determine the cost of your case. 

Generally speaking you can expect that the average divorce will cost at least $2,000.  Drawn out custody battles involving psychological evaluations, multiple witnesses, and extensive investigation, can drive the cost much higher.  Similarly, battles over marital property, discovery of assets through shell entities, cryptocurrency holdings, or offshore holdings, can also drive the cost much higher.

The biggest determining factor in the cost of your case is whether it goes to trial.  Finding a favorable settlement before trial will help minimize your costs

Can I get my husband or wife to pay for my divorce lawyer?

Keep in mind that if you are married and going through a divorce assets held in your spouse’s name may belong to both you and your spouse.  Forget about how the asset is titled.  For example, if your husband accumulated $20,000 while married, and that sum is presently held in a checking account his name alone, that sum of money likely belongs to the marital estate.  In a divorce context you would normally entitled to that money to the same extent that he is entitled to the money. 

Also, Missouri law allows a judge to order one party in a divorce of other family law matter to pay the other party’s attorney fees.  If your case is pending, but your spouse controls all of the financial assets, the Court may be willing to order your spouse to advance fees to your attorney.  Similarly, after the conclusion of your case, the judge may order your husband or wife to reimburse you for anything you paid in attorney fees.

How does a judge decide whether to award attorney fees?

Under Missouri law, a Judge may award attorney fees after considering all relevant factors, including:

(1)  The financial resources of both parties;

(2)  The merits of the case; and

(3)  The actions of the parties during the pendency of the case.

If your spouse engages in outrageous behavior during the pendency of your case, he or she may be ordered to reimburse you for your attorney fees and litigation costs.  This outrageous behavior can include failing to appear in court, making unfounded allegations, abusing the discovery process, filing frivolous motions, or concealing assets.

 If your spouse’s financial resources exceed your resources, the court can also order him or her to cover your attorney fees and litigation costs.