When a Contested Divorce is Unavoidable

Unfortunately, the reality is that sometimes spouses are unable to reach agreement on their own regarding how to resolve their divorce. As much as we hope that a divorcing couple will able to sit down together and take control of their own futures, there are times when the parties simply cannot agree. This does not necessarily mean that one or both of the spouses is being unreasonable; sometimes two people just have completely divergent beliefs about what is fair and equitable.

Settlement is STILL an Option

Just because two spouses cannot agree on their own does not mean that the case must be litigated in court. Even in highly contested cases, parties frequently are able to reach an agreement through the concerted efforts of their divorce attorneys. It may not happen overnight; in fact, it frequently may take several months of effort and negotiation, and multiple, informal out-of-court settlement meetings between the parties and their attorneys (often called “4-way meetings”).

Control Your Attorney Fees

The good news is that the vast majority of divorce cases in California are settled cases rather than tried cases. Because of this, and because of our experience handling cases of just about every nature and sort, we are able to offer flat-fee pricing for contested, settled cases.

Our flat-fee options are not paired-down plans where we cut the level of services and attract clients based only on a low price. Rather, these plans are for clients who want the predictability of knowing their costs up front without worrying about the expense of each call, email or letter and who want the assurance of knowing that everything necessary is being done to resolve their case and that the attorney is not doing unnecessary work or otherwise trying to maximize the attorney fees.

How Much Will My Divorce Cost?

Traditional Billing Model. Under the traditional model, this question is nearly impossible to answer. The traditional hourly billing model goes back hundreds, if not thousands, of years. The attorney collects an advance deposit/retainer (usually $5,000) to begin the case, and then bills against that deposit on an hourly basis, typically in 0.1 hour increments. After about 14-15 hours of work, the attorney then requires that the client replenish the deposit/retainer (usually another $5,000). This cycle continues to repeat itself, leading to ever higher and higher fees. In California, the average cost of attorney fees in contested cases is above $15,000 and closer to $20,000 per party; in many cases the fees are well in excess of this average. And that average is for cases that don’t even go to trial.

Our Flat-Fee Approach. Under the flat-fee approach, clients pay a fixed fee in advance that covers everything necessary to settle the case without attending court hearings. The flat fee covers everything from financial disclosures to settlement proposals, simple discovery, 4-way meetings and attorney appearances at court for procedural reasons (status conferences and case management conferences). This eliminates the uncertainty over what the case will cost.

Basic, Intermediate and Complex Divorce Settlements

Contested cases are broken down into three tiers – a basic divorce case, an intermediate divorce case and a more complex divorce case. The flat fee for your case will depend on several factors that determine which tier is appropriate for your case.

• Basic Divorce Cases – those cases where the total marital/community estate is less than $500,000 (including real property and retirement accounts) AND there is no family business or professional practice to divide.

  The flat fee for a basic divorce case is $6,000. If we need to prepare for and attend Settlement Conference at court (judicially assisted settlement), an additional fee of $1,500 applies.

• Intermediate Divorce Cases – those cases where the total marital community estate is more than $500,000 and less than $1,000,000 (including real property and retirement accounts) AND there is no family business or professional practice to divide.

  The flat fee for an intermediate divorce case is $7,500. If we need to prepare for and attend Settlement Conference at court (judicially assisted settlement), an additional fee of $1,500 applies.

• Complex Divorce Cases –those cases where the total marital/community estate is more than $1,000,000 (including real property and retirement accounts) OR there is a family business or professional practice to divide.

  The flat fee for a complex divorce case is $9,500. If we need to prepare for and attend Settlement Conference at court (judicially assisted settlement), an additional fee of $2,000 applies.

What is NOT Included:

Our fee for a divorce settlement includes everything necessary to create a legal, enforceable separation agreement and Judgment of Dissolution for you and your spouse. However, our services do not include the following:

• Preparation of any post-divorce documents, such as the preparation of a Qualified Domestic Relations Order (QDRO), although we do oversee the drafting and will approve the final order
• Extensive or advanced forms of discovery
• Change estate-planning documents or investments, although we do offer estate-planning services in addition to uncontested divorces
• Preparing for hearing or trial
• Filing or other court fees and outside costs

What if Settlement Breaks Down?

While we hope this never occurs, there are times when it is necessary for the court to impose interim orders along the way in addition to the parties’ settlement efforts. This is done by filing a motion and scheduling a court hearing.

If it is necessary to file a motion in your case or defend against a motion, an additional fee will apply. We can provide a flat fee for most motions dealing with common and ordinary issues involving child custody and visitation, child support, spousal support or attorney fees. The typical range is $1,500 - $2,500 which includes drafting of documents and preparation and appearance at the court hearing.

Furthermore, if more than just basic discovery is required (e.g. depositions or extensive document requests, special interrogatories or subpoenas), an additional fee will apply, for which we will also quote a flat fee in advance.

Additionally, should an expert need to be appointed (e.g. a vocational assessor, child custody evaluator, counselor, business evaluator, appraiser, etc.), then those fees are in addition to the attorney fees and are paid directly to the expert.

What if the Parties are Unable to Settle the Case?

Should the parties be unable to settle their case, then the only remaining option is to schedule a trial. Prior to trial, the court will almost always schedule a settlement conference first to give the judge an opportunity to provide input and guidance towards settlement. But if that fails, then the case is set for trial.

Should your case require trial, we will do our best to resolve as many of the disputed issues as possible so that only those issues that really need to be tried are left for trial. Once those disputed trial issues are identified, we can usually provide our clients with a flat fee in advance for their contested divorce trial.

Please call us with any questions you have about our flat-fee divorce settlement packages and to schedule an initial consultation about your case.