Although a divorce is the end of a marriage it is important to remember that it is, ultimately, a legal dispute. The divorce itself is about more than the romantic relationship, it is the end of the contract made between two parties before the state. As such, it is often wise to bring in legal counsel to help each side work through the process. This is especially true in cases where the parties have complicated assets like business interests, diverse stock portfolios and multiple properties.
Like any profession, use of legal counsel comes with a cost. It is important for those who are using lawyers to understand two key issues: how fees work and who is responsible for payment.
How do attorney fees work?
Attorney fees are generally structured one of four ways:
- Hourly: This one is pretty clear. An hourly rate is a set amount that the attorney charges per hour of work completed by legal counsel. The amount varies depending on the attorney’s experience and, when applicable, specialization.
- Flat fee: This option involves a single flat fee for completion of legal work. This often involves relatively straight forward matters like drafting a will.
- Contingency: In this type of structure, attorneys are paid a portion of the final settlement. This is often set up as a percentage and common in personal injury cases.
- Hybrid: This option refers to a mix of the above noted options.
There are cases that do not allow certain types of fee structures. For example, in family law matters, lawyers generally cannot charge on a contingency fee basis. This is because the courts do not want to encourage large winnings for either side. Instead, it is in the state’s interest to encourage more equitable resolutions. In Florida, divorce cases often use a combination of flat and hourly fees.
It is also important to note that the final cost can include additional expenses like court fees, payments to expert witnesses or investigators and the cost of gathering relevant records.
Who is responsible for payment?
There are situations in divorce litigation where Florida law allows the court to officially order one party to pay for the other’s legal fees. Lawmakers enacted this option to help better ensure that both parties have access to legal counsel to reduce the risk of one party having an unfair advantage over the other. Examples of factors the courts often take into consideration when making this type of determination can include financial resources of both parties and the merits of the case.
There are requirements to requesting coverage of these fees, such as including the request within the original petition or response pleading. A failure to follow proper protocol can mean that you lose the ability to get coverage.
Divorce is a complicated legal matter that warrants experienced counsel. It can reshape your finances and your future, so do not let uncertainty about attorney fees keep you from protecting what matters most. Take control early: speak with an experienced Florida family law attorney who can explain your fee options, identify potential costs and help you request attorney fees properly and on time when the law allows. Schedule a consultation now and move forward with a clear strategy, strong advocacy and the confidence that you are not navigating this process alone.