Can I pay my attorney fees after the divorce is finalized? It all comes down to the contract that governs the client-attorney relationship. A meeting of the minds. It’s acceptable if your divorce lawyer consents to be compensated after the divorce is finalized. You need to realize that this is rarely how things work.
Click here to watch the video Can I Pay My Attorney Fees After the Divorce Is Finalized? – Michigan Law
Your attorney may occasionally lack the necessary resources in certain circumstances. They might stop pursuing the case once the retainer has been exhausted. In the middle of the lawsuit, your attorney could withdraw from your case. When the divorce process is at its most intense, you won’t have a lawyer. In a divorce, it’s not acceptable to charge based on results.
When do you need an attorney in a divorce?
Some prospective clients think they have all the information necessary to take action after a quick visit with a lawyer. They think that information is enough to represent themselves as counsel. It’s just not true.
A prospective client gets an explanation of the divorce procedure from an attorney. The first meeting with your attorney is set for this purpose. They could give the client a general idea of what to expect during the divorce. It is unlikely the attorney will handle the case without more specific information. They still need to decide the strategies they might use in this situation. Or what the expected result would be. They haven’t got enough time to consider the specifics in the first meeting.
You can initiate the divorce process without an attorney. Start the balling rolling on the filing on your own. You may do so under Michigan law. Any circuit court in Michigan will accept your divorce suit. You make the required filing fees. The parties must be properly served with summonses after the court issues them. Observe the necessary steps that the Friend of the Court, or FOC, has specified. State if there are children involved in your divorce. You must submit petitions for hearings. You have to let the parties know about these hearings. Petitioners and moving parties are required to reply. Hearings will need attendance from both sides. You need to be educated about each of these procedures.
The more complex or difficult the issues you are facing in your divorce case, the more you need an attorney. You will be needing one if:
[ a ] You own property;
[ b ] You possess a retirement account or plan;
[ c ] You give birth to children while married. One spouse is a parent who is not biological.
[ d ] You must pay spousal support (alimony);
[ e ] You are subjected to emotional, verbal, or physical abuse;
[ f ] One or more substantial areas of contention underlie divorce.
A divorce ruling must be written by someone. Once all requirements are satisfied, the court renders a decision. A domestic relations order is created by the court. Asset allocation will be outlined in the order as part of the divorce judgment. The final hearing for the divorce judgment is set by the court. You need an attorney to do all those mentioned and navigate the court system at the same time.
What can you expect in terms of expenses and legal fees?
Legal expenses can range from $350 to $400 or more per hour. It depends on the level of experience, reputation, and proven success of the attorney. you hire in family law issues. Some attorneys ask for an upfront fee or retainer.
Law firms get paid for legal services in a variety of ways. You are charged by the hour for every time the attorney spends working on your case. You will be charged more for each conversation, email, meeting, and court appearance.
Some lawyers may charge a set rate for certain services. The flat fee will likely be less in a simple, straightforward case. It will be different in a complex or contentious family law matter. A typical flat rate can range from $3,000 to as much as $20,000.
Some lawyers charge clients on a retainer basis. An advance payment made to the lawyer to handle your case is known as a retainer. The lawyer takes money out of this retainer as expenses arise during the case. Depending on your agreement, if the dispute is immediately resolved, you may be entitled to a refund of the retainer. If the retainer is spent before the matter is settled, you will be required to pay extra.
Understanding the components of your attorney fees. Requesting a formal breakdown is essential. Expenses lawyers could charge include travel expenses and paralegal services. It also covers copying, faxing, and other expenditures. Make sure the billing procedure is stated in detail in your contract. It ensures that you are not hit with any unexpected fees.
Most experienced and effective family law attorneys charge by the hour. They request a retainer (or deposit) in advance before beginning any divorce case. Attorneys for divorce usually charge low retainer fees in Michigan.
Fees and costs are deducted from the retainer as they are incurred. The customer is usually responsible for any further fees or costs incurred thereafter. Top divorce lawyers usually request replenishment of the retainer as it is depleted.
Is it good to pay my attorney only after the divorce is finalized?
There will be a lot of back-and-forth shuttling during the whole process of divorce. There will be court appearances and there will be court filing fees. Your attorney cannot pay these costs for you. It is the reason why attorneys ask for retainers. There are expenses when filing things in court.
Attorneys are not in the business of subsidizing litigation expenses. They are paid for their advice and their expertise in facilitating the legal process. They are not paid based on results.
Clients may take actions that aren’t genuinely motivated by justice. Nor does it serve the interests of everyone. It is mostly motivated by pride, rage, and jealousy. It feeds hostility amongst ex-spouses. This is what we mean by “acrimonious conflicts.” It can be so acrimonious in some child custody cases. The child’s representation may be so inadequate that the court may have to hire another person. An expert, to represent the child. The expense of this expert will be charged to the parents.
The valuation of assets in the property division is a factor in some costs. It will require an expert to do a proper valuation. In these circumstances, costs might rise quickly and significantly.
When an attorney or legal firm gives you an hourly quote, they are not discussing the whole cost. The lawyer is only providing you hours that will be used when they devote the necessary time to your case. Your lawyer doesn’t truly know how much will be reflected in your billings. They aren’t sure how many hours they will need to put in. At least not until they begin working on the divorce case’s legal requirements.
You need to fund your attorney’s retainer for them to represent you and pursue your family law case. If you can’t, they cannot give their full time and focus on it. They will most likely withdraw from your case to give priority to other cases.
Can I get my spouse to pay my attorney fees in my divorce case?
Parties to a lawsuit in the United States are responsible for their legal fees and costs. This is according to the “American Rule” of litigation. It is so unless express permission is given by a statute, court order, or written agreement to charge the other party for them. This differs from the “English Rule” practiced in other nations. In the “English Rule,” the losing party handles the winning side’s legal fees and expenses. In Michigan, parties typically wind up paying for their attorneys. There are scenarios in which the court could order one spouse to cover the other spouse’s legal fees and costs.
When someone needs a divorce attorney, they may still be living together. Or, they have some other type of financial connection to the other spouse. This means that the majority of the time, the retainer for the lawyer will come from a joint account or a credit card. At times it will be some other source of money that the court will view as marital.
It is a somewhat uncommon situation. The parties have lived apart for so long and have been in charge of their finances. The court now would not view all accounts and assets as marital. The parties have to keep paying the lawyer throughout the litigation. They do that either with cash, a credit card, or a loan of some kind.
Almost often, one party will pay more for legal services than the other. You have to consider the amount of marital funds you and your ex-spouse have already spent. You have allocated funds for your respective attorney for fees. Include your legal expenses when you discuss the financial division of property and accounts. You can do that through mediation or otherwise. Normally, the parties are urged to “equalize” the amount of attorney expenses. You can do that by paying the attorney fees from the marital assets of each party.
Domestic litigation deviates from the American Rule on attorney fees in two circumstances. The court will order one spouse to pay the other spouse’s legal costs.
The first situation is when one party is unable to pay for an attorney from their income or salary. In this situation, the other side can do so. This occurs when one spouse has been the primary wage earner throughout the marriage. The primary wage earner has a sizable salary. The other spouse has never worked outside the home.
This rule is intended to prevent one party from essentially “starving out” the other party. This is done by leveraging their greater financial resources to fund costly litigation. Litigation that the other party would otherwise be unable to afford. In this case, the court can order one spouse to cover the entire cost of the other’s divorce-related bills and legal fees.
The second situation is one party has forced the other party to spend money on legal expenses. It forces the other party to defend against unjustified or unfounded accusations. The court can award the other spouse all legal fees and costs incurred in defending against or litigating a specific issue. But, not all the attorney fees in the case. The court will determine that a motion or defense was made with the court to intimidate or harass the other spouse. It will confirm if the motions were without any real legal merit. This prevents one party from abusing the divorce procedure. The rationale is to prevent the other party from using court processes as a tool to punish the other spouse.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.