By: Attorney Susan Hansen, Co-founder of Family Mediation Center
Cost is an important question for couples considering divorce or separation. Costs are directly determined by what process you choose and whether you and your spouse can cooperate in providing information and reaching agreements. Be certain you understand the various divorce process options available to you before you begin.
In this guide, we’ll provide clear, detailed information about the different divorce process options available in Wisconsin and their costs. We’ll discuss everything from self-representation to mediation to two representation lawyers, and the potential costs associated with each, to help you make an informed decision.
The Cost of Self-Representation/Pro Se Divorce
In a self-represented/pro se divorce, you do all drafting, filing, and legal steps yourself. You pay the initial filing fee and any implementation costs. Personal appearance at a final hearing is necessary for court review of your agreement before granting a divorce. Do-it-yourself divorce can avoid legal fees, but making mistakes or ending up in conflict after filing can result in returns to court and higher fees in the long run.
Limited Scope Representation/Consulting Lawyer Costs
With limited scope representation, you hire a lawyer for out-of-court advice and assistance. You pay for the individual services you need. Hourly rates at different law firms vary between $300-$500/hour per party or incremental flat fees that are based upon the duration and extent of services needed.
Mediation: A Cost-Effective Divorce Solution
In divorce mediation, you and your spouse jointly retain one neutral lawyer to provide legal education, negotiation assistance, drafting and filing documents, and help navigating the court system. This effectively lowers your costs because you are working with one lawyer rather than each hiring your own. Mediation costs are typically shared by both parties. You also have the option of working with a child or financial specialist to obtain professional assistance as needed. Fees for lawyer mediators vary significantly with hourly rates from $300-$500/hour and $4,000-$8,000 initial flat fee with potential added flat fees as the case proceeds . Family Mediation Center offers high-quality services at a pay-as-you-go hourly cost with no upfront lump sum retainer or large flat fee; you pay only for the services you need; more information here.
Collaborative Divorce Costs
In a collaborative divorce, you each hire your own lawyer and you, your spouse, and your spouse’s lawyer work together in a team approach to reach out-of-court agreements. Specialists may be involved as needed. Though you have the cost of two lawyers to advise and assist with negotiations, the process is less expensive than using adversarial lawyers and courts to make family and financial decisions for you. Total costs vary based on conflict, complexity, and efficiency of the process. An approximate range is between $5,000 to $15,000 per party.
Lawyer Negotiation/Litigation: Traditional Divorce Costs
The traditional divorce process in which one or both of you hire a lawyer to advocate for your positions in negotiations and court hearings is likely to be the most expensive. Though most cases end up resolved by agreement, this process can include numerous contested court hearings, separately retained experts, a Guardian ad Litem for children, and even a trial. Traditional litigation is usually the most expensive process with highly variable costs that can range from $10,000 to $50,000 or more for each party.
If you are offered a “flat fee” payment approach, be certain you understand what is included for the fee you pay. Some flat fees cover only part of the legal services you will need, and sequential fees are likely resulting in total costs significantly higher than your initial payment. Also, understand the difference between a fee deposit that is used to pay hourly fees per monthly invoices with any remaining balance returned to you vs. a non-refundable fee deposit.
Please note that the ranges above are only estimates and the largest factors of cost are the process choice and the amount of conflict or cooperation between the parties.