Regardless of the outcome, divorce is expensive. There are alternatives to reduce the cost of your divorce. It is the reason why individuals search for less expensive options when hiring an attorney. Although a less expensive choice might not result in the divorce you want, this does not stop people from looking for someone to take their case for less money. Communication is a legal expert’s specialty. Giving legal advice is communication.
Click here to watch the video on Ways to Save Money on Your Divorce in Michigan
The majority of your interactions with your attorney will be communication. You should use communication wisely if you want to cut costs on your divorce. You are not supposed to waste your attorney’s time on pointless conversations or chats. Call or talk to your attorney only if it has anything to do with your divorce case. You must ask yourself, are you willing to pay for the communication you’ll have with your attorney? Your bills will be lower the less you talk or discuss matters not pertinent to your divorce case.
How Should I Look at the Cost of Divorce?
The cost must be seen as relative. There’s no such thing as an absolutely cheap price and an absolutely high price to pay in a divorce. However you look at it, divorce will eventually boil down to avoiding the current pain and agony or choosing a better or less painful future. There are no absolutes as to what outcomes divorce can promise. It’s just a perspective, your perspective of the outcomes you want. It is also an opportunity to have better options. What you are eventually striving and paying for is an opportunity to start fresh.
Let’s say you got your divorce all for free but the judgment of divorce or the divorce agreement did not deliver the alimony you wanted, it did not provide for sufficient child support, and property division did not leave you much. Or, it can turn out worse for you. You got divorced alright. Now you’re facing child abuse charges. You are about to lose parental rights and probably face a prison sentence. What exactly did you save in the process?
Even the concept of saving money is relative. How exactly are you going to measure your savings against the outcome you want? Do you have a magic formula for translating your desired outcomes into dollars? How are you going to calculate the prospect of your quality of life after divorce? How are you going to translate peace of mind into dollars? How are you going to calculate the security and safety of your children? How much is your emotional and mental well-being worth? What portion of the future are you saving for?
Before even talking about savings, you must actually know how much is it going to cost you to get a divorce in Michigan.
What Is Driving the Cost of Divorce?
The cost of divorce is usually driven by three factors: the category of divorce, the existence of children, and the divorce process itself.
Category of Divorce
You don’t have to establish grounds for divorce in Michigan because it is a no-fault divorce state. But that does not imply that every divorce goes smoothly. In any divorce, key decisions about child custody, child support, property division, and alimony must be made by both you and your ex. Depending on how well you can negotiate these agreements, you will either have to proceed with a contested divorce or an uncontested divorce.
Contested Divorce
In a contentious divorce, the parties argue over the divorce’s terms. Couples may disagree over how to divide their assets or if one spouse needs to receive spousal support. Parental agreements on child support, visiting rights, and custody are occasionally in dispute.
A contested divorce may take months or years to resolve. Both sides cooperate while organizing the discovery process and the trial. If the parties are unable to come to an agreement through settlement negotiations or mediation, the court schedules a trial. At the trial, each side presents evidence and witnesses to support its position. The judge then makes a determination based on the arguments made in court and the applicable family court rules.
Uncontested Divorce
If both parties to the divorce agree to every aspect of it, it is deemed uncontested in Michigan. Their dispute does not involve any issues pertaining to property, children, or spousal support. If the parties cannot agree on any divorce-related terms, the divorce process becomes contentious. An uncontested divorce saves the couple time and money.
In an uncontested divorce, one spouse serves the other spouse with the divorce petition before submitting it to the court. The spouse who gets the divorce papers has the opportunity to respond, stating that they concur with all of the conditions stated therein and jointly requesting the court to grant the divorce in line with those conditions.
Divorce With or Without Minor Children
It will be specified as a DM-designated divorce or a DO-designated divorce when your divorce papers are actually filed.
DM stands for Designated Divorce, Minor Children.
All applications for divorce, separate maintenance, or annulment involving minor children. Additionally used in cases involving intrastate custody, maintenance, divorce, custody, and post-judgment transfers when there are young children.
DO is Divorce, No Children.
Any and all requests for divorce, separate maintenance, or annulment in the absence of minor children When there are no young children involved, it is also used for intrastate transfers of post-judgment divorce complaints.
We need to make this point here because getting a contested divorce implies that you will have to deal with a lot more issues, such as property distribution and alimony. Talking about custody and parenting time during a divorce involving minor children will constitute a new category of cases separate from divorce.
In addition to court filing expenses, mediation fees, petition fees, process server fees, and the more motions and petitions filed, each case comprises a unique combination of attorney fees and per-hour serving costs.
Not only are there lots of types for each filing, but there are also numerous procedures to file, sign, stamp, and send these forms and papers. The other party normally receives copies of these documents, which results in further copy costs. As soon as your attorney’s billing arrives in the mail, you will receive a summary of these filings.
The Divorce Process in Michigan
It’s important to consider whether you should or shouldn’t file for divorce before beginning the divorce procedure. In order to file for divorce in Michigan, you must have lived in the county where the case is filed for at least 10 days and in Michigan for at least 180 days. A waiting period is also required before a divorce can be declared final. Couples without children must wait a minimum of 60 days, while those with children must hold off for 180 days.
After deciding to get a divorce, you may now begin the process.
The Filing of the Divorce Complaint
The first stage of a divorce is the filing of a complaint, which is an official legal document. The divorce complaint is submitted to the Circuit Court’s Family Division in the county where the parties reside, and a family court judge is chosen at random to preside over it. The one who files is known as the “Plaintiff,” and the other spouse is referred to as the “Defendant.”
The names “Plaintiff” and “Defendant” are unimportant. It’s neither good nor bad; these are merely the designations that the court gives to the parties who file and receive complaints. It denotes neither a benefit nor a drawback in the filing process.
From the date the complaint and summons are filed and served on the defendant, the defendant has 21 days (or 28 days if served by mail or outside of the state) to file an answer, either admitting or denying each allegation in the complaint.
The Defendant’s Filing of the Answers to the Divorce Complaint
In his or her response to the allegations in the complaint, the defendant states whether or not each claim is accurate. The replies are usually when any contentious topics start to come to light. The party who replies to the complaint will frequently also launch a counter-suit for divorce.
The case now becomes contested after this response is submitted to the court.
The Defendant’s Failure to Answer the Divorce Complaint
The defendant’s failure to provide an answer may result in the entry of a default judgment. The matter then progresses to an uncontested divorce. However, a defendant who has defaulted may decide to employ counsel and seek the court to overturn the default before the case is concluded.
Divorces, whether uncontested or contested, must first go through a final court hearing to determine whether the claims made in the complaint are accurate. Frequently, the plaintiff is the one who appears at the final court hearing. The defendant is not required to appear at this final hearing.
The Case in Discovery
As soon as the case begins, the lawyers decide which points are likely to be in dispute and obtain the necessary data through investigation and discovery. Depositions, which entail questioning a witness under oath, third-party subpoenas, interrogatories, which entail asking a party questions that they must answer under oath, requests for the other party to produce documents, and requests to admit, which ask the other party to concur that certain facts are true, are some of the different types of discovery.
Although it can be used for other purposes as well, discovery is frequently employed to gather information on assets and debts. One of these added objectives is information gathering in the event that one party is supposedly to blame for the divorce. Alcoholism, drug abuse, adultery, gambling, and desertion are just a few examples of wrongdoing. Discovery can be used to show this problem.
When necessary, lawyers routinely confer with and retain professionals like accountants, psychiatrists, and appraisers. Many of these experts are expensive. This may significantly increase your legal costs.
The Negotiations
After discovery is finished, the attorneys will discuss the client’s goals and begin settlement negotiations. Written settlement proposals are frequently sent back and forth between attorneys. The attorneys may also arrange a meeting of the parties and the attorneys to discuss as many topics as they can. This procedure, often known as an informal settlement meeting, is not handled by the court. If a settlement is reached, the parties may agree to its terms in writing and sign it.
Meeting the Friend of the Court
The parties may be required to attend an Early Intervention Conference with a Friend of the Court Referee when there are minor children involved in the divorce. This is followed by a course designed to help parents minimize the effects of divorce on their children. There can be a need for a particular curriculum depending on the county where the divorce is being heard.
The Waiting Period
If neither you nor your partner shares custody of any children, there is a 60-day waiting period before your divorce can be legally finalized. The waiting period begins the moment you apply for divorce, even if you and your husband were already living apart at the time. Your divorce can take far longer than 60 days if you and your spouse are unable to reach a consensus on every issue.
The parties may freely agree to proceed with mediation even before the case is filed or at any time during the waiting period. The court would typically order mediation in every instance unless there has been a history of domestic violence. In the event that the parties are unable to come to an agreement, the court will appoint a mediator.
Court Appearances
If the parties are unable to agree on a settlement, the court will set a trial date. Cases involving divorce are generally comparable to other trials. The parties and their counsel must attend to present testimony and evidence in support of each side’s contention. It can take a few hours or even days, depending on the situation. Following the trial, the Family Court Judge will provide an Opinion on the disputed issues, sometimes verbally from the bench and other times in writing.
The Judge will then give one of the attorneys the task of drafting a divorce decree that contains all the conditions and provisions mentioned in the Judge’s Opinion.
Naturally, the Judge will not sign this ruling until all parties and their attorneys have seen it and concurred that it accurately expresses the judge’s opinion. When the Family Court Judge signs the divorce judgment, the divorce is said to be final. The problem with a trial is that the judge and the court may not be available.
Often, a trial will be scheduled with several other cases and kept on hold. The case may have been open for a year or more prior to the trial. The judge might have other cases or crises that were on his or her docket longer, so when the trial is held, it might take a while.
Keep in mind that as the trial goes on, the hourly cost of the attorneys’ fees will increase. This will make it challenging for your lawyer to determine how much it will cost to represent you. They are unable to predict the trial’s duration for a variety of reasons. One of these considerations is the judge’s time.
Final Divorce Judgment
The Judgment of Divorce is a formal court document stating your marriage has ended and outlines the terms of your divorce. The Judgment of Divorce is the official divorce decree that is legally binding. It renders judgments on a wide range of issues, including child support, property partition, support for the spouse, and custody and parenting time. The parties will have a chance to read the judgment, go over it with their attorney, and sign it before the court enters it. If there are any, there are separate orders for payments of spousal support and child support.
How Much Does Divorce Really Cost in Dollars?
Given that there are costs associated with the legal process, you must consider them in light of your desired result. Whether something is pricey or inexpensive actually depends on the result you’re going for. You should talk with your attorney about this outcome at the outset of the engagement. It is a decision that you should have thought about and made even before your initial consultation with your lawyer.
Hourly Service Fees and Retainers
The retainer and the hourly rate will likely be quoted if you have already inquired about legal fees.
Your retainer price could be as low as $275 or as high as $375 depending on the experience, knowledge, and reputation of the family law practice. These hourly rates may significantly increase as you move closer to heavily populated urban areas and commercial hubs. If you consider the entire US, the range will be broader, starting at a low of $200 and rising to a high of more than $400 per hour.
The cost of a retainer might run from $2,000 to $6,000. In the grand scheme of things, the range is less than $5000 to $7000. This could differ from state to state and from city to city.
In Michigan, lawyers frequently demand payment in the form of hourly rates, retainers, or contingency fees. The majority of lawyers bill by the hour because it safeguards them in the event that your matters take longer than expected to be resolved. Divorce attorneys typically charge between $100 and $500 per hour.
Attorneys frequently demand a retainer, also known as an upfront fee. The retainer, which can be as little as $1,000 or as much as $10,000, is an advance payment for their hourly charges. The attorney will deduct money from that account each time they work on your case. Divorce attorneys may sometimes charge a fixed fee; this is common in uncontested divorces.
If your attorney wishes to charge a flat fee, make sure to ask what is included in that price upfront to avoid any unpleasant surprises later on in the case. Moreover, your attorney may bill you for additional services not previously discussed as part of the first fee. There may be fees for things like phone calls and travel time.
Costs can be influenced by many factors, as we have already explained. There are different fees associated with each stage of the divorce process and with issues like child custody and parenting time.
Court-Mandated Filing Fees
Updates to trial court fee schedules, which are published by the Department of Treasury in accordance with MCL 21.41 et seq., are now the responsibility of the State Court Administrative Office. MCL 141.421 et seq.
Other fee schedules published by the Department of Treasury cover topics including mileage charges for process serving, updates to accounting practices, and child care fund collection fees, among other things.
The cost of filing a lawsuit, as of the time this article was written, might be between $85 and $150. Fees include those for custody and parenting, support, friends of the court, arbitration, mediation, contempt for non-compliance with parenting time rules, punishments, etc.
According to the circuit court fee schedule, ancillary guardianship and conservatorship filing fees are $150, as well as other civil filing fees for cases filed in the family division. It is free to file a petition for a subpoena to testify outside of the state.
Those who cannot afford attorneys have the option of contacting the Friend of the Court for free services, however, they are often only available in child custody disputes.
Client-driven Costs
Clients may take actions that aren’t genuinely motivated by justice or the interests of everyone. It is mostly motivated by pride, rage, and jealousy, which feeds hostility among ex-spouses. This is what we refer to as “acrimonious battles.” At times the children’s representation was so inadequate the court had to hire another person, an expert, to represent the child. The parents will be responsible for paying the expert’s fees.
The valuation of assets in the property division is a factor in some costs. In these circumstances, costs might rise quickly and significantly.
What Do I Need to Do to Save Money on My Divorce?
It is never simple to get divorced. It’s particularly challenging to think about how much it costs to file for divorce in Michigan. Time, judicial procedures and internal law firm procedures are all constant considerations. Even your own client dynamics haven’t been considered yet. A minimal expense that includes retainers and appearance fees is what you can realistically expect.
At best is to manage what you can control in the divorce process so you can manage the costs as the case progresses. Here’s what you can control and what you can do for yourself:
Avoid confusing your divorce attorney with your therapist.
Divorces are very emotional events. Talking to your divorce lawyer can be quite reassuring because they are, or at the very least should be, solidly in your corner. If your attorney has handled multiple cases, they will be familiar with your side of the story, and it will be satisfying to speak with someone who recognizes the legitimacy of your viewpoint. You can develop a practice of phoning or emailing your divorce attorney frequently because it makes you feel better to do so, often each day. Occasionally multiple times per day.
You should avoid falling into this trap unless you have plenty of cash. Keep in mind that there is a time limit each time you contact your attorney. Consider it to be an extremely costly taxi ride. The moment you enter the taxi, the meter begins to run. The same logic holds true with family law attorneys. The meter starts to run as soon as you get on the phone with your attorney, and you start to be charged.
Keep in mind that the only service attorneys offer for sale are their time and advice. Divorce attorneys in Michigan earn a living in this manner. Just like doctors, accountants, architects, and engineers, attorneys make money by selling their time and advice.
This does not imply that you should never speak with your lawyer. On the contrary, if you require legal counsel on your case, you should speak with your divorce attorney. However, establish a list of the questions or concerns you want to share before you pick up the phone and give your list significant thought. Keep the dialogue brief and focus on these issues; don’t waste time complaining about how terrible the situation is.
Be aware of the written attorney fee agreement.
Nearly all seasoned and successful family law attorneys bill by the hour and want an upfront retainer or deposit at the start of each divorce case. In Michigan, divorce lawyers frequently charge modest retainer fees.
Until the deposited retainer is used up, fees and costs will be deducted from it; after that time, the client is typically responsible for any additional fees or costs incurred. The first retainer deposit is frequently replaced as it is being used up by leading divorce attorneys.
In the belief that they will save money, clients occasionally search for a family lawyer who will take their case for a flat fee. The issue with this structure is that the lawyer has no motivation to go above and beyond the minimum requirements. They both might be correct—the client frequently feels like his case is being overlooked, while the lawyer frequently thinks the client is trying to monopolize his time on purpose.
It is crucial that you have a formal fee agreement that clearly spells out the terms of the service before hiring a lawyer, whether on an hourly or flat fee basis. This covers things like the refund policy for any retainers, how frequently you’ll get statements, the lawyer’s hourly charges, etc. You should be aware of the minimal fees for correspondence via email, mail, and phone. Requesting a copy of this fee agreement is advisable. Make sure you do understand the terms and conditions of the fee agreement.
Don’t view your divorce as an opportunity to exact revenge on your spouse.
Judges have a very low tolerance for people who use the family courts to attempt and exact retribution on their partner. Clients are informed of this by competent attorneys with lots of expertise. In most divorce cases, the judge’s final ruling does not include a significant consideration of the issue of fault.
Judges disapprove of those who drag their spouse into court unnecessarily, try to punish the other spouse, or act with vengeance. Even though our courts are overworked and unable to deal with the emotional aspects of divorce, they are aware that going through a divorce may be a devastating event for the psyche.
Our courts are increasingly splitting up the assets and obligations from dissolutions of marriages in the same manner as they would with a dissolution of a corporation.
If you want a therapist to help you get through this extremely tough emotional moment in your life, good lawyers can aid you in finding one. It is not appropriate to seek therapy in a judge’s chambers or an attorney’s office. You’re wasting your time and money by trying to interest courts and attorneys in the emotional aspects of divorce.
Speak the truth clearly and plainly.
The likelihood is that your attorney won’t be able to execute their job effectively if you don’t tell them the complete truth. Late in the divorce process or by accident, lawyers dislike learning new information. Both your time and their time would be foolishly wasted in that.
Every divorce attorney wants to be aware of both the positive and negative aspects of their client. All the details, expenses, assets, and other information pertaining to your case should be disclosed. Clients who are not completely honest with a family law attorney may incur excessive legal costs.
Do not waste dollars in order to save nickels.
This is crucial information. When it comes to choosing an attorney, people are frequently quite thrifty and believe they will save a lot of money by selecting a lawyer with a low flat rate or by selecting a less qualified but less expensive option. This is a tremendous error. In general, you get what you pay for. Cheap attorneys know their worth. Top-tier, seasoned attorneys recognize their worth as well. You would do well to recognize the importance of your own attorney by the conclusion of a divorce dispute.
The quickest possible resolution should be your aim. However, don’t go too quickly. Consult with your attorney about the timing. You will require an accomplished attorney who genuinely shares your goals and aspirations in order to accomplish this. The attorney will then use their knowledge and abilities to assist you in achieving that goal. But pay attention to the word “reasonable settlement”—not just any settlement, not just a quick resolution.
It is crucial that your attorney has the knowledge and conviction necessary to successfully present your case in court if the opposing party cannot be persuaded to resolve the dispute on reasonable terms.
When an attorney or law firm gives you an hourly quote, they are not discussing the whole cost. The attorney is only providing you with the hourly rate that will be used when they devote the necessary time to your case. Your attorney doesn’t truly know how much will be reflected in your billings because they aren’t sure how many hours they will need to put in until they begin working on the divorce case’s legal requirements.
So the best course of action is to speak with an attorney and have a vision of what you want to happen. After discussing your specific plan, bring up the subject of fees.
To get more information about legal fees and the cost of family law cases, you can read our article on, “What You Can Expect In Legal Fees & Cost For Your Family Law Case In Michigan?” where we pointed out important costs you should look out for in a divorce case.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.