How Much Does a Divorce Cost in Oklahoma?
Although this was originally written about divorce cases, the same factors apply to all family law cases when it comes to attorney fees. Traditionally, this is the second most common question we get in our office on a daily basis, besides the question, “How long does a divorce take in Oklahoma?”
Isn’t This an Easy Question?
It seems like it this question should be easy to answer, right? Probably not if you have ever been through a divorce or if you understand that not all divorces are the same since people are different.
We have an ongoing discussion with other lawyers about the answer to this question. I always tell them the following story. I heard about a lawyer out of state and his answer:
What Kind of Case?
When a potential client calls and asks how much their case will cost this lawyer would say, “It will cost as much as a car.” This invariably produces a puzzled silence and then the caller asks, “As much as what kind of car?” He then says, “Well, that depends on what kind of divorce.”
What any divorce will cost depends on the year, make and model of the divorce. It depends on how well it drives, and it can depend on what extra efforts we have to expend to keep it rolling down the road. It also depends on the fees of the lawyer.
Why Divorce Costs Vary
The cost of a divorce depends on the complexity of the issues involved, the level of conflict between the parties, how quickly action must be taken, and how much work is required to move the case toward resolution.
Some divorce cases involve relatively limited issues and are resolved through agreement. Other cases involve contested custody, property disputes, business valuation, support issues, extensive financial investigation, emergency hearings, or trial preparation. The amount of attorney time required can vary significantly from one case to another.
In most Oklahoma divorce cases, attorneys charge based on the time and work involved in the representation. That means the cost is often affected by factors such as:
- whether the divorce is agreed or contested
- whether children are involved
- disputes regarding custody or visitation
- support alimony or child support issues
- division of property, retirement accounts, or businesses
- emergency hearings or temporary orders
- the amount of communication and conflict between the parties
- the amount of preparation required for hearings or trial
In many situations, one of the largest factors affecting cost is not necessarily the legal issue itself, but the level of conflict and the amount of litigation required to resolve it.
How Divorce Attorneys Usually Charge
Many family-law cases are handled on an hourly billing basis. This means attorney fees are based on the amount of time spent working on the case.
Time may be spent on activities such as meetings, telephone calls, reviewing documents, preparing pleadings, responding to messages, legal research, negotiation, court appearances, discovery, and trial preparation. Generally speaking, the more complicated or contested a case becomes, the more time and work are required.
In many cases, clients pay an initial retainer deposit at the beginning of representation. Fees and costs are then billed against that retainer as work is performed on the case. Additional retainers may sometimes be required depending on the complexity and duration of the matter.
Court filing fees, service fees, expert fees, mediation costs, and other litigation expenses may also arise separately from attorney fees depending on the circumstances of the case.
How a consultation can help
An initial consultation is often the best way to begin evaluating the likely complexity of a case, identify the major legal and financial issues involved, and discuss what level of work may be required moving forward.
