Hiring a Family Law Attorney: Types of Legal Costs

A family law attorney may charge you their usual fees for legal services, plus additional expenses and costs. For example, if a lawyer represents you in a divorce proceeding, you must pay for the attorney's fees and other legal fees, such as court costs. Court costs can include things like filing fees to file your divorce petition.

Several costs may appear on your lawyer's bill. Some lawyers may charge for these costs separately, while other lawyers may lump the expenses together as a separate item on your bill. Still, others may include some of these costs in their fee. It's essential to understand how your attorney will charge your fees upfront.

This article will help provide an overview of what types of legal costs to expect during your family law case.

Attorney's Fees for Legal Services

Lawyers have different fee structures for charging lawyer fees. Some lawyers charge a flat fee for their legal services, while others charge an hourly rate or hourly fee. For example, a lawyer may charge a flat fee for creating a prenuptial agreement for a couple.

Some may charge a retainer fee, while others allow contingency fee agreements. Remember that contingency fee agreements are not usually allowed for cases involving child custody, child support, alimony, spousal support, or divorce.

You will want to discuss your options with your attorney to determine the best agreement for you and your legal matters. While your lawyer may not be able to give you an exact overall cost for their representation — including additional legal costs — they should be able to provide you with an estimate based on experience.

For more helpful information about understanding different types of fee agreements, please visit FindLaw's Attorney Fee Agreements page.

Types of Additional Legal Costs

Before you hire your family lawyer, be sure to find out if these types of costs are included and whether they will be itemized on your bill. These costs will depend on what type of case you are pursuing and how much time your case will take to pursue.

For example, more complex cases may need more research than other cases. Conducting legal research requires a more significant amount of time and work. Thus, complex cases will usually have a higher average cost than simpler cases, like an uncontested divorce.

Costs in addition to the lawyer's cost may include:

• Filing fees and court fees
• Photocopying
• Long-distance phone call charges (if applicable)
• Postage charges
• Paralegal time
• Messengers, runners, or law clerks
• Computer or research-related costs
• Secretarial and staff time
• Deposition and court reporter costs (including transcripts)
• Facsimiles (faxes)
• Expert witness and consultant fees (counselors and tax professionals, for example)
• Investigators
• Process servers (delivery of legal documents relating to the case)
• Travel expenses
• Alternative dispute resolution fees, such as for mediation, negotiation, or arbitration with a neutral third party

Ask Your Attorney Questions

There may be other charges not listed above. It is a good idea to ask the lawyer for a written estimate of anticipated costs to ensure you understand the different costs you will have to pay. While your attorney may not know the actual cost yet, they can usually provide you with an estimate.

Be sure to ask questions before signing your engagement contract. For example, you will want to find out if there is a set rate for some costs (e.g., 15 cents per page for copying costs). If you are concerned about the costs building up, you can also tell your lawyer that any costs over a certain amount must be approved in advance. You also may be able to negotiate the amount charged for many of these costs in advance.

Still Need Legal Help? Talk to a Family Law Attorney Today

Family law matters often involve complex and sometimes emotionally-charged issues, such as divorce, domestic violence, estate planning, or custody and visitation cases. An experienced family law attorney can give helpful legal advice to assist you through your legal issues.

Find a legal professional near you today if you are still looking for an experienced attorney to represent you in your family law matters.