HOW MUCH IS THAT DIVORCE GONNA COST ME????? Lawyers routinely get calls asking how much they will charge for a divorce. It’s obvious that people are shopping for the best price, much like you would shop around for an oil change. Except with an oil change, one knows exactly what must be done, how long it will take, what the labor will cost, and how much the new oil and filter will cost. Trying to estimate the cost of a divorce would be like calling Bush Auto for an estimate to repair your car, except you can’t tell them the make or model of your car or even what needs to be repaired or replaced. Divorces can be, and usually are, much more complex than just filling out some paperwork and going to the courthouse. They now involve completing a stack of forms in which you list everything you own, in detail, and its value. This includes bank accounts, furniture, real estate, pensions and retirement accounts, regardless of whose name in which it might be held. Additionally, you must list all of your debts, including account numbers, balances owed, and the monthly payment. Again, it doesn’t matter which spouse’s name is on the debt. Pensions must usually be valued by a professional pension or retirement appraisal firm. Most attorneys will not do those appraisals themselves because they involve economic and market factors, mortality tables and the limitations of the pension account itself, all of which are understood only by accountants and CPAs with special training. Real estate, likewise, must generally be appraised by a licensed real estate appraiser, especially when a husband and wife have different opinions as to what their home is worth. Beyond that, real estate that was a premarital or nonmarital asset might now be partially marital property or, because the property has been substantially improved during the marriage, it is now a full marital asset. Again, it might require the services of an independent appraiser and/or accountant to assist the attorney in preparing a case. If spousal support (alimony) is an issue, the Court might require medical and/or vocational assessments by a professional. Further, the law on how spousal support is awarded has changed drastically in the past year. Such laws did not even exist 30 years ago. And then there is the issue of children, custody, parenting plans, child support, health insurance, and dependency exemptions. The Court might require the services of a Guardian ad Litem, a custody evaluation with a psychologist, or in-camera interviews with the children. Obtaining medical, school and day care records take time and are not free. As recent as the mid-1970s, custody of children was seldom an issue. Alimony, if granted, was based on the personal opinions of each judge. Child support was just a flat amount per week and there were no Child Support Enforcement Agencies, and wage withholding orders were nonexistent. Guardian ad litems and custody evaluations were used only with well heeled parties. Pensions were not considered a marital asset until the early 1980s. In 1968, the Ohio Revised Code that dealt with divorce law and custody was only 21 pages long. Today, those 21 pages have ballooned to 248 pages. Generally speaking, the Ohio Revised Code consisted of eleven volumes or books in 1960. It now stands at thirty six books. Mandatory divorce forms in 1970 went from zero to as many as 50 pages per case in 2014. Court costs to file a divorce have increased over 600% during that same time span. At one time, an attorney could give a reasonable estimate of what a divorce would cost because it was not much more complicated than changing your oil. Now it’s more akin to estimating the cost to restore a classic car. You just can’t predict what will be discovered until after it’s disassembled.
Posted on: Fri, 02 May 2014 18:06:16 +0000
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