Cost Considerations For Divorce Proceedings
Divorce comes with significant costs, both emotionally and financially. The process can be long and unpleasant, and the longer it takes, the more expensive it can get. How much should you expect to spend on divorce proceedings? There is no one-size-fits-all answer. Each divorce is unique, with different people, assets, decisions, and expenses. However, it is possible to look at the different factors that play a role in cost and the potential expenses that you may incur to get a general idea of how much your divorce may cost. To learn more about specific divorce costs, meet with one of the knowledgeable divorce attorneys with King Law Offices. Call (888) 748-KING to schedule a consultation at your convenience.
Divorce Type
The divorce type plays a significant role in how expensive divorce proceedings may be. When considering divorce type, there are two different aspects to consider: whether the divorce is contested or uncontested, and whether the grounds for divorce are fault-based or no-fault.
Contested vs. Uncontested
An uncontested divorce is one in which both parties agree on the issues. They have already worked out who gets custody, what visitation will be, any spousal support to be paid, and the division of their assets and debts. By doing so, they leave the court with nothing to do but finalize their agreements.
A contested divorce is one in which at least one issue is still unresolved. This unresolved issue requires the judge to assist the parties by either negotiating a compromise between them or making a decision for them. Generally, a contested divorce will be more expensive because of the unresolved issues and the need for one or more hearings to resolve those issues.
Fault vs. No-Fault
A fault-based divorce is one in which one party claims the other has done something to cause the divorce. S.C. Code Ann. §20-3-10 outlines the grounds for fault-based divorce in South Carolina as adultery, desertion for a minimum of one year, physical cruelty, or habitual drunkenness. A fault-based divorce is also a contested divorce, simply because it is extremely rare that the accused spouse is going to admit to what they are accused of doing.
A no-fault divorce means that neither party is accused of one of the grounds for a fault-based divorce. The parties must live separately, in separate homes, for at least one year before filing for a no-fault divorce. No-fault divorces can be either contested or uncontested.
Divorce Complexity
Another factor that significantly impacts the cost of divorce proceedings is the complexity of the divorce. Complexity does not just refer to whether the divorce is contested or whether it is fault-based. Instead, complexity refers to factors within the marriage or divorce that may make the divorce more difficult and complicated than other divorces.
For example, disputes over custody, visitation and child support can increase the cost of a divorce. Other issues that may make a divorce more complex and more expensive include high-conflict divorces such as ones in which there are accusations of abuse, divorces with high-value assets that require valuation, or needing to split or value a business.
Attorney Fees
Legally, individuals are not required to hire a divorce attorney to assist them with divorce proceedings. However, attorneys may be able to assist the parties with working out unresolved issues, understanding the laws regarding divorce in South Carolina, or navigating the divorce process. At King Law Offices, we are happy to schedule an initial consultation to learn more about your circumstances and offer insight into how we may be of assistance to you.
If an individual opts to hire a divorce attorney, most will charge by the hour. This means that the longer the case takes, the more expensive the attorney fees will be. When an attorney can assist in resolving issues more quickly, the additional expense may be worthwhile to get the divorce finalized more quickly.
Court Fees
Divorce proceedings come with a number of expenses. The first expense is the fee to file the petition for divorce. This fee is $150 as of 2024 and is paid when the individual submits the completed paperwork to the family court in the county in which they reside.
In addition to the filing fee, other court fees that may be required include the costs to have the papers served on the other spouse, hearing fees (possibly for multiple court dates), transcript or other record fees, and depending on the outcome, possibly fees to appeal the decision.
Other Expenses
There are other expenses that may arise as part of divorce proceedings, depending on the circumstances of an individual’s particular divorce. Like other expenses, there is no certainty that these will be incurred or how expensive they may be.
Legal-Related Costs
There are costs for things that may be ordered by the court, such as professional evaluations or courses that one or both parties will need to take. Professional evaluations may include determining the value of an asset or evaluating the mental or physical health of one or both parties or their children to make decisions regarding custody and visitation. Courses may include parenting skills, anger management, conflict resolution, parenting education and family stabilization, or domestic violence. In some instances, a judge may even order marriage counseling if they believe the parties may be able to salvage their marriage. All of these evaluations, courses, or counseling would be expenses the parties would be required to pay.
Issue-Related Costs
Per South Carolina Alternative Dispute Resolution (ADR) Rule 6, any divorce is required to participate in court-ordered mediation. This mediation does not ensure any resolution, but it can be effective in helping the parties settle unresolved issues, which can save substantial time and money. The parties are required to pay for the mediator, and if the parties have an attorney, their attorney may also bill for the time spent in mediation. There are specific instances in which mediation is not required, and one or both parties can request to exempt their case from mediation. Additionally, the parties can agree to conduct arbitration or early neutral evaluation in lieu of mediation.
Another issue-related expense that an individual may incur for divorce proceedings are the fees associated with collaborative divorce. Collaborative divorce is an alternative dispute resolution option similar to mediation. In this process, each party is represented by a lawyer, and work together with additional experts such as financial advisors, property or business appraisers, and others, to find agreements to the various issues of their divorce. This can save valuable time spent in court, but does have expenses such as attorney’s fees and the various expert fees associated with it.
Asset-Related Costs
South Carolina equitably distributes marital assets between the two spouses. Some assets, such as jewelry or furniture, can simply be taken by the spouse it is given to in the divorce. Other assets, such as real estate, motor vehicles, recreational vehicles, bank accounts, and others, may require changing the name on a deed, title, or account. These name changes may require paying a fee. Additionally, in some instances, there may be bank fees, closing costs, deed recording fees, or other costs to sell or refinance property, particularly real estate that still has a mortgage or loan against it in the other spouse’s name. These fees will need to be paid before the individual officially has ownership.
Why Should You Consider Hiring a South Carolina Divorce Lawyer?
Divorce can be a very expensive process. When you are seeking a way to decrease the cost, your first thought is to not hire an attorney. Since it is not required by law, and can often be the largest share of the divorce proceedings expense, it makes the most sense to you. However, hiring a lawyer may ultimately save money in a divorce. A skilled divorce lawyer may be able to help you find solutions to your unresolved issues, understand South Carolina divorce laws, navigate the process of divorce, find expert witnesses, collect evidence, or present a case for why you should be granted a particular request that might otherwise not be granted. An experienced attorney can also help you prepare and file the divorce paperwork, determine how best to serve your spouse, and assist with other paperwork throughout the divorce process. If you have additional questions, or think you may be ready to proceed with your divorce, call King Law Offices at (888) 748-KING to schedule a consultation and review your divorce at your convenience.