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Divorce Costs
One of the most common questions we get about divorce cases is asking how much a divorce costs. Every case is unique and has many unknowns, so it is difficult to say exactly how much you will spend on your divorce. Because of the large number of variables, we usually quote a broad range. An uncontested divorce could cost as little as $2,000 or as much as $6,000, and a contested divorce could cost anywhere from $6,000 and up to six figures. Variables include whether you have children, property, retirement accounts, and more.
If you are ready to divorce or your spouse has served divorce papers to you, contact a Worcester divorce attorney for a consultation.
Planning For Divorce Costs
When planning for divorce costs, you might consider several factors over and above those previously mentioned, including:
- How cooperative your spouse will be=
- How cooperative you are
- How cooperative your spouse’s attorney will be
- How much discovery will be necessary for your attorney, depending on how much your spouse provides and whether you believe your spouse is hiding assets
- Any information your spouse tries to hide
Cases that are seemingly simple could turn out to be very difficult, especially those cases with property, a business, children, and a spouse asking for spousal support.
Divorce Mediation, & Family Law Attorney In Worcester, MA
Serving All Worcester & Surrounding Areas
Hi, my name is Polly Tatum…
I help couples divorce with dignity (without going broke) and protect what they care about most through divorce mediation. I want to help you minimize the financial burden of divorce while maximizing your satisfaction with the outcome.
As with most things in life, the more prepared you are, the better off you’ll be.
Whether you have already begun the divorce process or you are just beginning to have these conversations with your spouse, you have come to the right place.
Let’s get started.
What Are Some Unexpected Costs Of Divorce?
If everything goes smoothly and the case remains uncontested, the cost is much lower. If the case starts contested, but you end up settling during mediation, the costs are often significantly lower than a case that goes to trial.
Some unexpected costs of divorce include:
- Disagreements over time-sharing with the children
- Disagreements over child support
- One spouse hides assets or sells assets just before the divorce or during the pendency of the divorce
- Disagreements over retirement accounts
- Disagreements over a spouse’s interest in a business owned by one or both spouses
- Constantly responding to petty requests from one spouse or the other
Almost all of these situations require hearings before the court unless you and your spouse can agree on a solution the attorneys come up with. Every time a situation must go to a hearing, the attorney must prepare for the hearing, schedule the hearing with the court and the other attorney, send out a notice of hearing, attend the hearing, and draft the order pursuant to the court’s ruling.
Benefits Of Mediation
You might be involved in a contentious divorce and believe that your spouse would never settle. However, if you and your spouse can come to an agreement with the help of a mediator on many of the situations you couldn’t previously resolve, you could significantly reduce the cost of your divorce.
Benefits of mediation include:
- Reducing overall divorce costs
- Reducing the amount of time it takes to complete your case
- Eliminating a final hearing that could take hours or even days
- Having a better chance of getting what you want
– If the court rules on a situation, you might not like what the court ruling is. For example, if you cannot agree on a time-sharing schedule regarding your children, the court might order the basic time-sharing schedule for every other weekend and every other holiday, but you likely want more time. If you are able to make some concessions to your spouse, whether in property division or another situation that is not a deal-breaker for you, you could wrangle more time with the kids than the court would order.
While mediation could take an hour or several hours, it is ultimately less expensive than going to trial—and you are more likely to get what you want in certain situations. For example:
- Keeping the house is a deal-breaker—you want to keep it
- Spousal support is not a deal-breaker, but you would rather not pay it
You might agree to short-term spousal support in exchange for your spouse signing over their interest in the house. An experienced Worcester divorce attorney can help you determine the best course of action prior to mediation based on the value of equity in your assets and which assets are more likely to increase in value.
Finding The Best Worcester Divorce Lawyer For You
When looking for a divorce lawyer, you should look for someone who has plenty of experience in several areas, including property division, spousal support, mediation, and litigation. Getting divorced is a major life change, both emotionally and financially, and it is something that you want to get right so you do not regret some of your decisions in the future. An experienced Worcester divorce lawyer can advise you on some of the better actions to take.
Frequently Asked Questions
Who Pays For A Divorce In Massachusetts?
Typically, each party pays their own attorney. However, in certain circumstances, one spouse might pay the other’s attorneys fees. The court considers the parties’ behavior during the divorce proceedings, whether one person hid assets, and the ability or inability of each spouse to pay attorney’s fees.
How Much Does Divorce Really Cost?
Depending on each person’s unique situation, a divorce could cost anywhere from $2,000 to $20,000 or more. The average contested divorce in Massachusetts per person is approximately $15,000 without a trial, and $50,000 and up if the case goes to trial.
Will Divorce Ruin Me Financially?
This depends on your actions. When we draft a settlement agreement or the court enters an order on property division, the documents note which spouse retains which liabilities. Additionally, the spouses have the responsibility to file the appropriate documents for title and deed transfers.
If you and your attorney do everything correctly, you are less likely to suffer financial ruin in a divorce.
Contact A Worcester Divorce Attorney
When an experienced attorney works on your divorce case, they ensure that any agreements you have with your spouse are in writing with clauses that allow you to re-open the case based on certain allegations, such as not paying child support or not turning over a deed or title to assets.
If you are considering divorcing or your spouse has already served you with divorce papers, contact a Worcester divorce attorney for a consultation and to learn more about your rights.
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Frequently Asked Questions
What Can An Estate Planning Lawyer Do For Me?
Estate planning lawyers can help you with a wide variety of legal matters, including wills, trusts, probate, and estate administration.
What Does An Elder Law Attorney Do?
An elder law attorney can help with any legal issues that come up with regard to yourself as you age or an older loved one. These issues can include things like planning how to pay for long-term care, making sure that long-term care is appropriate and that no abuse or neglect is occurring, and helping with things like trusts that can ensure our elderly loved ones are provided for.
Do I Need More Than Just A Will?
While a will can take care of some very basic aspects of your estate, like distribution of some assets and guardianship of minor children, it cannot do things like designate a trusted person to make medical or financial decisions for you if you are unable, make your wishes known as to your medical care at the end of life, or provide managed financial benefits for special needs family members, for example. A will is essential, but it is rarely enough to take care of things should you become incapacitated or die.
How Much Does It Cost To Hire An Attorney?
The cost of hiring an attorney depends on the type of case you have and the amount of work that is required. In most cases, we offer a consultation so that you can get an estimate of the cost of our services. Contact us today to schedule a consultation.
How Is Medicaid Different From Medicare?
Medicare is a government-funded insurance program that covers some or all of the costs of certain medical procedures for qualified participants (generally, the elderly or disabled). Medicare does not cover the costs of long-term care. Medicaid, on the other hand, is a government entitlement program that can cover the costs of long-term care for those who meet certain income and asset qualifications.
What If We Don’t Qualify For Medicaid?
Medicaid eligibility planning is best started long before anyone in your family needs long-term care, but even if that planning has not been done in advance, there are some ways to make eligibility more likely while still protecting the assets of a spouse who does not need long-term care, for example. Contact our office, even if you think you won’t qualify for Medicaid. We may have options to suggest.
Why Is An Estate Plan Important?
An estate plan is important because it allows you to control what happens to your property and assets after your death. Without an estate plan, the court will decide how your property is distributed, which may not be in accordance with your wishes. An estate plan can also help you avoid probate, which is a costly and time-consuming process.
Why Should I Hire The Law Office Of Polly Tatum?
The Law Office of Polly Tatum is an experienced team who is ready to help you. Our firm has a wide range of experience in estate planning, probate and trust administration, elder law, and divorce and elder mediation. An experienced law firm with a good track record can help you get the legal help you deserve.
How does Massachusetts estate planning address guardianship for minor children?
Parents can name a guardian for their minor children in their will. This designation becomes effective upon the parents’ death, subject to court approval. Massachusetts law outlines the process for appointing a guardian, a crucial task for ensuring that someone you trust will care for your children if you pass away.
Are there estate taxes in Massachusetts, and how can they affect my estate plan?
Massachusetts imposes an estate tax on estates exceeding $1 million. The tax rate varies depending on the size of the estate. Proper estate planning, including the use of trusts and charitable donations, can help minimize estate taxes and preserve more of your wealth for your heirs.
What are health care directives and why are they necessary?
Health care directives, including living wills and healthcare proxies, are legal documents that communicate your medical care preferences if you become unable to make decisions yourself. Under Massachusetts General Laws Chapter 201D, a health care proxy allows you to appoint someone to make healthcare decisions on your behalf, aligning your medical treatment with your wishes.
Why is a power of attorney important in estate planning?
A power of attorney (POA) is a document that allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated. Massachusetts law provides for durable power of attorney, which remains effective even if you become mentally incapacitated, ensuring that the person you designate will manage your affairs according to your wishes.
How does the probate process work in Massachusetts?
Probate, governed by the Massachusetts Uniform Probate Code (Chapter 190B) is the legal process of validating a will, settling debts, and distributing the deceased’s estate. The process can be simplified for smaller estates, but generally involves filing the will with the local probate court, notifying heirs and creditors, and distributing the estate according to the will or state law.
How does a trust work in Massachusetts estate planning?
Trusts are legal arrangements where a trustee holds and manages assets on behalf of beneficiaries. Massachusetts law allows for various types of trusts, including revocable and irrevocable trusts. Trusts can help manage and protect assets, avoid probate, and potentially reduce estate taxes.
Why is it important to have a will?
A will is a legal document that allows you to specify how your assets will be distributed after your death. In Massachusetts, if you die without a will, your estate will be distributed according to the state’s intestacy laws. A will honors your wishes helps minimize disputes among heirs.
How do Massachusetts-specific regulations affect Medicaid Planning?
Massachusetts has unique regulations, such as specific allowances for spousal income and resource protection, which can significantly influence Medicaid eligibility and asset protection strategies. Understanding these state-specific rules is crucial for effective planning.
What are common challenges in Medicaid Planning?
Common challenges include meeting income and asset limits, understanding the intricate rules, and avoiding penalties due to improper asset transfers during the “look-back” period. A Medicaid Planning attorney can help you navigate these challenges effectively.
What is the Medicaid application process like?
The Medicaid application process involves submitting detailed financial and medical information to demonstrate eligibility. Because this complex process requires careful documentation, consult a Medicaid Planning attorney to guide you through the legalities and seek to meet the criteria.
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