Sunday, 30 October 2011
The Billing Process for Divorce Lawyers
Before you proceed much farther with your divorce, you need to know how your divorce lawyer will bill for the process. To be sure divorce is a very complex process and does not entail just one flat fee for the entire service. There is an entire fee structure involved in the filing of a divorce and usually includes not only their services but those of others in their office as well. For instance, you may find charges for research, copying, telephone calls, postage, copy paper and much more. This is the reason you will find that divorce lawyers—and lawyers in general—use a combination of flat fees and hourly rates depending on the job requirements.
In most cases you will find that the only flat fees involve the preparation and filing of necessary paperwork. In addition your divorce lawyer will charge for the filing fee the court requires in addition to any fees they must pay for certain documentation to prepare your case (this might include copies of bank statements, financial records, loan balances, and possibly even credit reports if they are relevant to your case). Since most fees are by the hour, the more work they need to do, the more you will pay. This is why it's better for you to obtain as much information as possible since it will be less costly.
Do not be fooled into thinking you will be able to obtain an accurate estimate of how much you will need to pay for your divorce. There are many different factors that go into the fee structure of a divorce, and until they actually begin working on your case it will be impossible for them to even give you an idea how much it might cost. They can tell you how much most people with similar circumstances pay but that is as far as it goes.
There are a number of different tasks your divorce lawyer will perform either personally, through his office staff or by sub-contracting those services. The cost of each function will vary among lawyers; there is not a set fee for these services.
Prepare and file your divorce petition
Prepare an assessment of all marital and business assets
Prepare an assignment of property ownership
Prepare all ancillaries as needed
Represent you in court
Conduct negotiations with your spouse's lawyer
Re-assignment of the deed to real estate if necessary
Prepare the divorce settlement
Assignment of office tasks such as copying, sending letters, filing, research, making phone calls, etc.
Fees for the process server or certified mail related to the divorce filing and the final decree
While not all of the items above may be necessary in your case, it is important for you to understand your lawyer handles the billing of the divorce steps. Some lawyers may even combine some of the processes instead of billing them individually. However, you can be sure each divorce lawyer will provide billing that is a combination of hourly and flat fees that are relevant to the filing of your divorce petition.
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The best advice I've discovered is to be as thorough as possible in your preparation and prepare like your spouse is one step ahead of you. That means documenting your marriage from beginning to end and recording all interactions after separation preferably with a lawyer present. I've been getting some great help with my divorce through www.legal-yogi.com.
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