Flat Fee for Uncontested Cases

Services can be on a flat-rate basis in uncontested cases where the parties completely agree on the terms of the settlement and advice from their respective attorneys. That is, there is one fee for all services.  This base fee is usually $600 and the property settlement agreement can be a flat fee ranging from $350 to $550, depending on the extent and type of the marital property.  Costs, such as the filing fee and some extraordinary expenses, are paid by the client separately from the fee, and vary from County to County or on unique circumstances.  In some cases, other legal and drafting services are necessary in order to divide property and they will, in most cases, be billed at the office hourly rate.

In matters that involve support or custody proceedings, the scope and range of work is so variable and uncertain that most matters must be handled on an hourly rate.  However, in certain uncontested cases, a flat rate can be established.   

In some cases, the uncontested case becomes a contested case.  The fee only covers that work which would have to be done in an uncontested case, with hourly billing and retainer requirements to begin when additional legal services have to be provided.  This will all be put in writing at the beginning of the representation.

Contested Cases

Contested cases, where there is a dispute that must be litigated (pleadings, motions, petitions and actual court hearings to resolve the disputes) one must expect to pay thousands of dollars on an hourly basis.  Because of the expense involved, the fee must be secured by a billing retainer posted before the litigation begins, or in some circumstances by other forms of security.  For example, the fee and costs could be secured by the funds that become available from the sale of the family home.  This will be explained at the beginning of the representation.

Negotiated Settlements and Mediation

In the vast majority of cases, the range of outcomes is narrow and litigation is prohibitively expensive.  Therefore it is important to have a lawyer who can negotiate and act reasonably on your behalf to achieve a settlement.  On the other hand, it is also important to have a family lawyer who, if necessary, can carry the case forward and be an effective advocate in court.  Our experience and background make it possible to guide you though this difficult process with confidence and understanding. Alternate dispute resolution like mediation sometimes resolves a difficult situation.  It is still important to have a lawyer that can advise you on pros and cons of such a step.

Please note that all the fees stated above are guidelines and not quotes.  The free initial telephone consultation will more fully explain how the fees are set and what you can expect to pay in fees and costs. An informed decision can then be reached on how to proceed.