More details to this question:
I'm thinking about divorcing my husband of almost 16 years. We have a 2 year old son. The main reason is that he is an alcoholic & I feel that his drinking & behavior is damaging to our son, not to mention he has totally killed our relationship. I guess I'm looking for information on where to even begin. I want to have sole custody of our son, not because he's a bad parent but he makes poor choices & decisions while drinking, which is pretty much any time he is not at work. What would be my first steps? In general, what kind of cost am I looking at if I'm the one filing for divorce?
16 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need a lawyer. Your divorce will not be uncontested.
Answered on Jun 19th, 2013 at 9:07 PM
Civil Litigation Attorney serving Coral Gables, FL
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Calil Law, P.A.
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Florida is a no-fault state for many areas of the law, including divorce. The costs range depends on the amount of litigation the parties seek to indulge in. Most divorces have similar issues, i.e., property division, custody, visitation and child support. If the parties agree on how to divide their assets and time sharing schedules before they choose attorneys, it becomes much more cost effective and the divorce can be scheduled for a final hearing pretty quickly.
Answered on Oct 06th, 2011 at 11:50 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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$395 filing fee + $2,500 for attorney.
Answered on Oct 04th, 2011 at 2:47 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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The Clark County District Court Family Division has a self help center that provides forms and some general legal information. The costs would include filing fees at the minimum. My office is well-experienced in matters involving divorce and custody.
Answered on Oct 04th, 2011 at 2:46 PM
Steven D. Dunnings
You have a lot of issues to deal with such that you would be better off hiring an attorney. With more information, I could give you advice concerning possible outcomes concerning property division, custody and child support and find out if subpoenaes and interrogatories need to be sent out to acquire additional information from your husband, his employer and any financial institutions. Up front, I would have to have%3760 which would be applied to the Court filing fee ($260) and any initial work I perform in conjunction with the divorce. Additional money would be based on any time I would spend on the divorce after the initial sum was used up based on time spent at my regular hourly rate ($275). How much the total cost will be depends on how contentious and how much time is spent filing motions, time in court, additional filing fees for motions, phone calls etc. You also might be entitled to some alimony on top of child support (assuming you get custody of the children).
Answered on Sep 29th, 2011 at 11:26 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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The process is pretty straight forward, find an attorney you feel comfortable with, flat fee is usually less expensive and if you do not have a lot of property or assets a flat fee makes more sense. Before you see the lawyer have a list of bank accounts, retirement accounts, property both personal and real estate as well as your child's social security number. Being organized and emotionally resolved will make things more smoother.
Answered on Sep 29th, 2011 at 10:29 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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The filing fee is $395 for a Summons and Petition for Dissolution. That money is paid to the clerk of the court. Your husband will need to be served (and there can be sheriff/process server fees). Attorney fees really can't be estimated in a family law case; this is especially so in custody matters because they can go on for quite some time. It is generally in the very best interest of your son to see his Dad - but if Dad doesn't address his alcohol issue then you will need to have that time limited (ie, no overnights) until dad gets treatment.
Answered on Sep 29th, 2011 at 10:28 AM
Glen Edward Ashman
Your first step is to get a lawyer. The cost depends on many things including whether your husband can agree on issues or not, and what court your case will be in so there's not a way to guess at exact fees online without far more detail.
Answered on Sep 28th, 2011 at 4:38 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Start by interviewing lawyers with a bent toward someone you can work with. The situation you describe does not appear difficult, but in domestic relations things happen. So also consider the law school the lawyer attended and any references from friends. Ask each of the domestic lawyers you interview how to start the process, and you will be able to make your choice as to the counsel to guide you to your divorce. Good luck on your journey.
Answered on Sep 28th, 2011 at 3:25 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You file a petition for dissolution at the correct Superior Court of Washington. Filing fee is $280.
Answered on Sep 28th, 2011 at 3:24 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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To start the process you would have to file a Complaint for divorce and serve it upon your husband. The cost of the case usually depends on how much is contested. In Nevada, all custodial issues need to be adjudicated by the court prior to any division of assets and debts. Most likely the cost for a divorce could run you from $1,500 to $8,000.
Answered on Sep 28th, 2011 at 3:17 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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For custody issues, I never recommend representing yourself. You need someone skilled to present your case in the best light. As far as how much this costs would depend on the particular attorney. I usually try to charge them minimum amount of time I will spend on the case as a retainer. The absolute minimum time I would spend on a case would be a declaration, which would be about 2 hours, and then one court appearance. I assume a full 8 hour day. That happens often. So 10 hours is the minimum I would charge, but it really depends after I speak to a client and determine how much involvement will be necessary. You may be able to work with the attorney to allow you to do some of the work yourself. A word of advice - any attorney who refuses to return any portion of the retainer that has not been actually earned is violating our State Bar ethics code. I know that many put a clause that the retainer is "nonrefundable" but then return the unearned portion when asked, but I think that is unethical. My contract says absolutely nothing about a nonrefundable fee, in fact quite the opposite. There is a filing fee, but you may be able to request a fee waiver.
Answered on Sep 28th, 2011 at 2:43 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Your first step would be to consult with an attorney in order to best determine your potential rights and options regarding any assets and liabilities that need to be distributed, alimony, your son, child support and any and all other potential issues that might exist.
Answered on Sep 28th, 2011 at 2:41 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado the ultimate total cost of the divorce is not influence by who files for the divorce. The biggest single factor in the cost (i.e. attorney fees) is how much fighting you and your husband want to engage in. Everything that needs to be decided in a divorce case can be resolved by mutual agreement if the parties choose to do so. That requires rational discussion and usually some compromises. When agreement is not possible, a judge will decide based on the fact and circumstance. There are no fixed rules about anything and the judge has considerable discretion. The process starts by one person filing a petition to dissolve the marriage in the district court where that person lives. From there, the procedures control what needs to be done to exchange relevant information and proceed to a final result. You can attempt to handle things yourself, but you should consult a lawyer to discuss the situation and your facts before deciding how to proceed.
Answered on Sep 28th, 2011 at 2:35 PM
Well, your first choice is whether to file in on your own or hire an attorney. If you decide to do it on your own, then, you are going to have to complete the initial documents and arrange for filing and service. The initial forms you are likely to need are at least the following: cover sheet (varies by county), summons, petition, proposed parenting plan, proposed support worksheet, sealed financial source documents cover sheet, and financial declaration. I believe that copies of most of these forms can be found at http://www.courts.wa.gov/forms/ Depending on the circumstances of your case, there may be other forms to deal with as well. If you are going to hire an attorney, then, the attorney will generally have the forms already and you will just be supplying information. In terms of the cost of hiring an attorney, that is going to vary with your location in the state and the details of your case. In general, it will likely be significantly more in the major metro areas then in some of the smaller, outlying counties. In Seattle, you are likely to be talking about a retainer of $3,000 to $5,000, and the case may cost you more depending on the particular facts of your case.
Answered on Sep 28th, 2011 at 1:53 PM
In Alabama you would need to first speak with an attorney to find out what is the best possible process for your divorce. Alabama has several grounds for divorce whether uncontested or contested. Also offered is Collaborative Law which is an Alternative Dispute Resolution process. If you and your spouse are in complete agreement on every issue then an uncontested divorce is what would be best for you. Whether you are in disagreement or not you would start a divorce with the filing of a Complaint for Divorce in the county of your residence.
Answered on Sep 28th, 2011 at 1:53 PM