The cost of a divorce varies based upon a number of factors. These factors include: (a) the complexity of the divorce, (b) the extent of the lawyer’s representation of you, (c) basic court fees and costs, and (d) whether the spouses are willing to be reasonable with each other and negotiate their differences (based upon the law).
If one or both spouses insists on litigation, that will inevitably make your case more expensive.
Thus, the ultimate cost of any particular divorce is very hard to predict, even for the most experienced divorce attorney.
With respect to the extent of the lawyer’s representation of you, please call and ask the Law Offices of Duane Henry whether your case is suitable for (a) mediation or (b) a limited scope representation (‘unbundled” divorce). Both approaches can effectively hold your divorce costs down.
With respect to court fees, please call and ask Mr. Henry about obtaining fee waivers for you.
Mr. Henry will also work with you to determine whether it might be possible to obtain a court order that your spouse pay part or all of your legal fees. An award of attorneys fees as “sanctions” under Family Code Section 271 or other provisions of law may also be a possibility if your spouse engages in misconduct or unreasonable conduct as part of the divorce process.
If you call about the possibility of mediation, please either (a) call with your spouse on the phone with you, or (b) do not discuss the specific details of your case with Mr. Henry until you have arranged for your spouse to participate in the call. That way, your spouse will not be concerned that you have attempted to prejudice Mr. Henry in your favor. Mr. Henry is a very experienced and highly trained mediator and is often asked by the Contra Costa County Bar Association to serve as mediator in even the most difficult cases.
Divorce lawyers virtually always charge their fees by the hour. The Law Offices of Duane Henry successfully keeps its hourly rate at the low end of the “highly experienced lawyers” category of divorce attorneys in Contra Costa County.
Mr Henry achieves a comparatively low hourly rate by maintaining a very low overhead law office and through efficient and effective use of support personnel (but only where use of such personnel is beneficial to you). Mr. Henry’s many years of legal experience are themselves a factor that helps keep the cost of a divorce as low as reasonably possible. Duane Henry prides himself on knowing all the tricks and tactics to keep the costs of your divorce down. He also knows and skillfully utilizes all the benefits of negotiation for his client. Mr. Henry has achieved substantial economies of scale and uses the latest technology with a high level of efficiency.
All this makes the Law Offices of Duane Henry a high quality and low cost source for divorce advice and assistance.
Most divorce lawyers charge a retainer up front at the beginning of their representation of a client.
A retainer is a credit account at a bank for each client that is required by the California Bar Association (CBA) to be maintained by all attorneys. (The interest earned by the retainer account goes to the CBA to fund legal aid or similar low income legal projects.) As the attorney does work for a client, the attorney bills his/her time against that client’s retainer account. If the retainer is used up before the end of the representation, then the client is obligated to deposit additional retainer funds. At the end of the case, the credit balance left in the client’s retainer account is promptly refunded to the client.
At the Law Offices of Duane Henry, Mr. Henry will work with you to develop a legal budget for your case and for your retainer and help you stay within it. Based upon your legal budget and the needs of your case, you and Mr. Henry will determine the appropriate amount of your retainer. There are no hard and fast rules as to the amount of retainers at the Law Offices of Duane Henry, other than your legal needs.
In addition, there are forms of legal representation, such as mediation and limited scope (unbundled) representation that may not require any retainer at all. Please ask Duane Henry about those opportunities that may work to your benefit.
If you have any questions about hourly rates, retainers, mediation, limited scope (unbundled) representation or other subjects mentioned herein, or if you need any assistance with a divorce law issue, please call the Law Offices of Duane Henry at 925-825-5010.