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There is no one set cost for getting a divorce in New Jersey. Every divorce situation is different, and what it costs is often directly proportional to the number of issues that divorcing spouses cannot agree upon. When spouses cannot agree on issues, the divorce is contested. Contested divorce is typically the most expensive because these cases usually take longer to resolve, may require the assistance of expert witnesses to help determine property division or child custody concerns, and have additional hoops that must be jumped through. Uncontested divorce, in which spouses agree on everything are generally faster and cheaper.
However, with all that being said, every single divorce case is different, and an uncontested divorce can quickly become contested and, consequently, cost more. It’s all relative though. .
Expenses and Fees in Divorce
While it is difficult for divorce lawyers to provide a specific dollar amount for a divorce matter because every matter is so different and the amount of time and effort that the attorneys and the Court will need to be involved varies, we can describe the kinds of expenses and fees that you may pay when ending your marriage in New Jersey.
Attorney Fees
Most attorneys require an upfront initial retainer and then charge hourly or the pro-rated hourly rate for their services. How much you will pay an attorney depends on how much time they spend on your matter. The more time they spend, the more it will cost. The divorces that cost the most in attorney (and other) fees are those where there is high emotional conflict, parties disagree on everything and both parties want to be perceived as the “winner” of the issue. . These divorces can involve litigation in court and thus more of an attorney’s time and effort. But there are plenty of situations in which protracted litigation is necessary to right a wrong, preserve legal rights or, most importantly, for the safety and well-being of the client and their children.
Attorneys are also under an ethical and legal obligation to protect their client’s rights and interests and although you may not feel a certain task is necessary, your experienced attorney may know otherwise. If you are balking at paying for something, at a minimum, discuss with your attorney why they think a certain task or approach is necessary so you understand the value of paying for that work they will be doing on your behalf.
When you hire an experienced divorce lawyer, you get their knowledge of the law, their insight, and their skill in maneuvering around the procedural aspects of your matter. Your attorney is your skilled advocate whom you are paying to look out for your best legal interests.
Mediator Costs
A mediator is a neutral and trained party who helps spouses negotiate issues in their divorce. They do not provide legal advice; rather, mediators facilitate communication between parties to encourage a fair resolution to issues. Both spouses usually contribute in some fashion for the cost of mediation.
Mediation may be court-ordered in your divorce or you and your attorney can agree to participate early in the process and voluntarily. If the Court Orders you to mediation, you have the opportunity to choose a mediator from the court’s roster of mediator. , Under the New Jersey Rules of Court, the first (2) hours are complimentary. However, one hour is for the mediator to review all the settlement statements ahead of the session, and the second hour is usually spent with introductions and explaining the rules of engagement and delving into the first issue. . If you continue with the mediation process after the first two free hours, you will then be responsible to contribute your appropriate share of the mediator’s market rate as shown in the roster.
You can also choose to undergo mediation on your own as a way to potentially negotiate agreement with your spouse and stay out of court in the first place. Mediators typically charge hourly.. Mediators can be attorneys, non-attorneys, or retired judges. Just like lawyers, the fees a mediator charges are usually dependent upon their level of experience. It is highly recommended that you choose an attorney experienced in family law as your mediator for a whole host of reasons we are happy to talk to you about further.
Expert Witness Fees
You might have to hire other professional experts to offer recommendations during your divorce, such as a forensic accountant (to find hidden money, to do a cash flow analysis, or value a business) or a child custody best-interest evaluator to weigh-in on a custody or visitation arrangement, or even an expert to divide retirement accounts. Appraisers are common third parties during a divorce if you need to determine the value of your home, artwork, or other valuable assets. Expert witness fees in New Jersey vary, but may be several hundred dollars an hour, and some expert witnesses charge a minimum number of hours, or a flat fee.
Court Filing Fees
Courts require you to pay a fee when you file your divorce complaint. In Bergen County, NJ, the 2023 filing fee is $300. There is an additional $25 fee for a parenting education workshop that you have to take if you have children under the age of 18 and you are requesting custody or parenting time. To file an Answer or Counterclaim to a Complaint for Divorce, the filing fee is $175.
Service of Process Fee
If you file for your divorce, you have to serve your spouse with the paperwork. There’s a fee associated with this, whether you use the sheriff’s office or a private company. It can save money if your spouse acknowledges receipt of the divorce paperwork in writing, or your spouse allows their attorney to accept service on their behalf. Before you can proceed with the divorce, the Court will require legitimate proof of service.
OTHER COSTS TO PREPARE FOR IN A NJ DIVORCE
There are other expenses that will arise when you are divorcing and your life is changing, some that you may not immediately think about. They include the costs of:
- Moving: You might choose to leave your shared home during the divorce (speak with an attorney first, please) or after you sell the home. Either way, you should budget at some point to cover moving costs.
- Refinancing a mortgage: If part of the divorce settlement is that you stay in the house you own, you’ll have to refinance the mortgage to get the title in your name only. You may also wish to change locks and keys to the home when appropriate, which is another expense.
- Refinancing an auto loan: If your spouse’s name is on the title of the vehicle you want to keep, then you must deal with the auto loan before you can transfer ownership to just you.
- New auto insurance policy: Eventually, you will need to change your auto insurance policy just to cover you and any children who are driving if that is what is agreed to; you will have to price-shop this because you may not receive a multi-car discount anymore.
- New cell phone number/device: Depending on the circumstances, you may need to switch your phone/device off of a family plan and put this in your individual name. There will likely be costs associated with this transfer.
- Health insurance: If you are on your spouse’s health insurance plan, eventually, you will have to purchase your own insurance through your employer or the marketplace.
Benefits of Hiring an Experienced New Jersey Divorce Attorney
While some people may plow ahead with divorce without the help of an attorney because they want to save money, you will almost certainly improve your outcome and have a more seamless experience when you have experienced legal support. Hiring an attorney is like taking out an insurance policy—you don’t know how much you need it until you stand to lose something important to you or the paperwork gets overwhelming and you end up wasting precious time.
If you have children and expect a custody battle, the value of having a skilled New Jersey divorce attorney on your side cannot be overstated. An experienced attorney can make the difference in how much time you will have to spend with your children. If you have valuable property and assets, you could potentially come out ahead financially with the help of a lawyer or be able to keep the property or items that are most important to you.
It is crucial that you truly understand that you could pay a much larger price in the future by not engaging quality legal assistance in an attempt to save money for the short term. Decisions made during divorce have far-reaching effects.
Talk With an Experienced Divorce Lawyer for Tips on Managing Costs
We know that divorce is emotionally stressful as well as expensive. Our team at [MFR] Men’s & Fathers’ Rights Divorce Lawyers has walked many people through the process. We can offer advice on how to manage costs when working with an attorney without sacrificing the quality of the legal work you will receive. To learn more how we can help with your divorce, call us at (201) 880-9770 to arrange a consultation.
Carrie S. Schultz, Esq. – author
Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a case evaluation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching! Attorney Bio
