Posts Tagged ‘fees’

What Should a No-Fault Divorce Cost?

Saturday, April 28th, 2018

For anyone faced with the daunting task of ending their marriage, the realization that legal obstacles can be more than expected is essentially inevitable. Divorce presents significant emotional turmoil for everyone involved, children no less. Often, we receive calls from prospective clients rightfully wanting an idea of the cost of severing marital bonds. The reality is that divorce costs hinge on a myriad of factors, including the extent that the husband and wife can agree on particular issues (visitation, alimony, custody, dissolving the marital estate, etc.), the jurisdiction, and the level of animosity between the parties. Succinctly put, there is no set price that applies to legal fees for a “generic” divorce. No such creature exists, however good advice does exist and that often will consist of attempting to place feelings to the side and compromise for the sake of yourself, your spouse, and the children of the marriage.

According to a 2016 publication by CBS News, Mississippi is the 5th cheapest state in the nation in which to obtain a divorce. CBS reported that Mississippi residents pay on average two-hundred and twelve ($212) per hour for divorce litigation, far less than the national average of two-hundred and ninety-four ($294) per hour. Although being one of the poorest states in the nation affords some relief to the prospective divorcee’, the lack of a true “no-fault” divorce mechanism can present serious obstacles where the parties are unable to agree on custody, support, property division, and the myriad issues attached to the financial obligations and abilities of the parties. We have opined as to the need for a true “no-fault” legal mechanism largely due to the frequency of a party holding a divorce hostage without a payout. We feel that this tactic is closely tantamount to extortion and therefore unfair, raising costs for all involved.

Nolo.com found in 2017 that the mean (most common as opposed to an average of all respondents) divorce litigant pays two-hundred and fifty ($250) per hour for divorce litigation. According to Nolo Legal, “A few people reported that they paid their attorney as little as $50 per hour, and a few reported paying as much as $400 to $650 per hour. But the vast majority paid between $150 and $350 per hour, with $250 per hour being the most commonly reported fee”. Furthermore, in the same study Nolo Legal determined that the average person paid fifteen-thousand five-hundred ($15,500) for divorce when factoring in both fault divorces (litigation) and agreed divorces (in Mississippi a.k.a. “No-Fault” divorce). Talk about sticker shock. This figure is brought down by the relatively low cost of Irreconcilable Differences Divorces (“No-Fault”). The average cost is certainly higher when the parties must litigate various issues due to an inability to compromise.

Where does this leave a divorcing spouse? In short, costs for an agreed/no-fault divorce are sufficiently lower than litigating the issues that affect the parties. In my experience, the average no-fault divorce will take between three (3) and ten (10) hours of attorney time. When the parties do not have children or own real-estate or a business, it is feasible to obtain a no-fault divorce for less than seven-hundred and fifty dollars ($750). Complexity and thus time/cost is directly related to the complexity and the willingness of both to agree to compromise. Do not waste a substantial amount litigating over emotion or vindication of right versus wrong. Often it is much easier to shelve any negativity toward your spouse in the interest of saving money. Any amount spent is better on the kids’ college fund or a much-needed vacation.

Matthew Poole is a Jackson, Mississippi domestic attorney who specializes in family litigation. He was admitted to practice in 2004.

Frontline Prospective On Child Custody Law

Friday, April 13th, 2018

Working under Matthew Poole, a saying that I hear almost every day in the office is: “if everyone was reasonable, child custody lawyers would be out of a job.” As the main individual who handles calls to our office, I can tell you from first-hand experience that this is true. Working in a family law office can definitely show you the bad side of good people, and the people that call our office are usually in situations where tempers and emotions are high. As the person in our office who handles the majority of these calls, my perspective is that there are things that people can and should do to both save money and to help their situation in the long run.

From the start of my employment here, I noticed some commonalities between the variety of different calls we would receive on a daily basis. The main commonality in every call that we have received is lack of communication between the potential client and the person they are having issues with. If I could give any advice to those in these situations it would be that communication is key. There are so many situations where if the two people could just put differences aside and start a conversation with one another, it would save them so much heartache and money. After an extensive case study on custody matters, our office has found that 25% of people agree to settle their case with the same agreement that was offered to begin with. This shows that if the two people could just communicate without getting attorneys involved, they would not waste thousands of dollars on litigation; giving them more money to spend on the child.

I understand that communicating in situations like divorce and child custody can be tough. But in those circumstances, particularly when children are involved, being able to talk to the other side is vital. For instance, being able to have an open dialogue with the other parent in a child custody case can and will make it easier to deal with them later on down the road. Even though it’s hard, it would be so beneficial for the children if their parents were able to talk and communicate with each other about the children’s needs. It’s not easy for someone going through something like this to shelf their emotions and be the first one to reach out and start a dialogue, but in all honestly it is the best course of action to resolve their issue. To put it simply, every dollar spent on a lawyer could be spent on the kids. Why waste resources on litigation when simple communication could resolve the issue and leave that money available for the child? Doing so would dramatically decrease stress and replace it with tranquility. Just remember, the happier that a parent is, the happier the child will be.

Price is certainly something that most potential clients are sensitive to, and therefore we encourage all of our clients to attempt to talk with the other side as much as possible. Communication can help iron out many of the problems present, and can lower costs greatly for both parties. We understand this can be tough in a situation where there was a falling out of a once caring relationship. Unfortunately, there are times where starting a conversation is next to impossible and getting an attorney involved is the only option. If you believe hiring an attorney is your only avenue of relief, call the Law Office of Matthew S. Poole. We will do our best for you when communication has broken down in your relationship to get you a fair result.

Written by J. Tyler Cox, J.D. Candidate, Mississippi College School of Law, Class of 2018.