How much will it cost me to hire a lawyer for my Massachusetts divorce?
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If you're contemplating divorce, then you should be asking "how much will it cost me to hire a divorce lawyer?"
Most people do ask this question. . . but they miss the even-more-important follow up question, which is . . .
"What are my options for hiring a divorce lawyer?"
Most people don't ask about different options, because it does not occur to most people that multiple options exist. Most divorce lawyers are fine with all divorcing parents believing that there is only ONE option.
I'm not most divorce lawyers. . .
so I'm going to tell you about ALL of the options.
Option 1. The traditional retainer/hourly billing model.
This is the traditional model that virtually all divorce lawyers use. I'm being diplomatic when I call it the "traditional" model. What I really mean is the "dinosaur" model.
This method of hiring a lawyer typically involves you as the client paying the lawyer a retainer (a lump sum of money.)
Once you pay the retainer, the lawyer then files what is called a "general appearance" in your case (or, the lawyer files the necessary documents to start your divorce with the court.) Then, that lawyer handles everything in the case for you, including court appearances, communications with the other party or the other party's attorney, preparing and reviewing documents, gathering and reviewing discovery, and so on.
For each of the tasks that your lawyer performs, you pay your lawyer at her hourly rate for the time that she spends on your case.
Having your lawyer and the lawyer's staff do everything for you may sound great at the beginning of your case -- it's nice to have someone who is doing everything for you in your divorce -- but it also means that you're paying your lawyer and her stuff for things that you could do yourself. It also means that if you want to do certain things yourself, you can't.
For instance, when your lawyer files a "general appearance" for you in your case, then your spouse's lawyer will not talk to you directly. Your spouse's lawyer will only talk to your lawyer.
As long as your lawyer has a "general appearance" in your case, the lawyer must accompany you to every single court hearing in your case. This means that your lawyer must travel to the courthouse, wait for as long as it takes for your case to get called, and then travel home. Regardless of what is accomplished at the courthouse that day, you're still paying your lawyer for the travel, waiting time and the part where you and the lawyer stand in front of the judge.
So the total fees you’ll pay under the “traditional” model (from the beginning to the end of your case) is a function of your lawyer's hourly rate multiplied by the number of hours she spent performing all of the tasks for you.
In addition, you would reimburse the lawyer for any expenses associated with your case. For example, when a case is filed with the court for the first time, there's a filing fee. Your lawyer would pay that filing fee, and that payment would appear on the monthly invoice. These will be small amounts relative to your fees.
Periodically (usually monthly), your lawyer will send you an invoice showing what she did that month in your case and how much time she spent on each activity.
The lawyer would then pay the balance of the monthly invoice by applying a portion of the retainer that you paid at the beginning of the case. This process is repeated each month until the conclusion of your case.
As the process is repeated, the initial retainer is depleted and eventually exhausted (usually multiple times during a single divorce), your lawyer will likely ask you to replenish the retainer -- meaning, pay another lump sum for the lawyer to continue to apply to your monthly invoices. If there is any retainer left at the conclusion of your case, the lawyer must return that excess retainer to you.
In my experience, under the traditional arrangement, you can expect to pay hourly rates of about $300 to $450, and an initial retainer of $8,500 to $10,000.
In terms of total fees, you can expect to pay about $15,000 to $20,000 if your divorce resolves at the first or second pretrial conference (which would happen about six to eight months from the initial filing of your case) . . .
. . . and these are per-party estimates (not a combined total.) They're also averages. Some cases cost less, and some cost more depending on the circumstances.
The traditional (dinosaur) model is the only one that most lawyers have used for decades. Some clients need this model of representation, but many do not and this fee structure excludes a lot of people. Until recently, those who could not afford the traditional model were left with Option 2.
Option 2 is to represent yourself and try to figure sh%#*t out as you go.
You always have the option to represent yourself. You don't need anyone's permission -- not your spouse's lawyer or anyone at the courthouse.
A problem with self-representation is that – if you do it without support -- it can quickly become scary and overwhelming, because . . . well, this is your family. There's a lot on the line.
So I always cringe when I see self-representing parties in family court who are trying to do the right thing, but have no idea what to do, so they end up coming away from a court event very deflated.
And that really stinks. . . and it's totally unnecessary.
I'm not a huge fan of an old-school model that excludes many people, and I am not a huge fan of divorcing parents having to figure out the divorce process without any meaningful help.
I mean, you might as well tell me that I can figure out how to stitch my own open wound. Ummmm. . . no thank you.
So that's why I created option 3.
Option 3. The YMD Membership.
The YMD Membership is the group of divorcing parents in Massachusetts that I provide coaching and guidance to, and I do this through a platform that I've personally created.
When you join the YMD Membership, you get 24/7 access to my custom-created platform of content that walks you through your divorce step by step, using the same forms and strategies that I've been using for the past twenty years in my family law practice.
But I'm not just dumping a bunch of content on you and walking away. As a YMD Member, you will also have unlimited email access to me (and I personally respond to your email). . .
. . . and access to weekly group workshops and virtual office hours that I personally host every week.
I also personally monitor your progress through the back end of the platform, so I will know exactly what you're working on and be able to prompt you to stay on track.
You get all of that for a flat monthly fee that is less than what most lawyers charge for one hour of their time (you're welcome.)
The YMD Membership is exclusive, and it is not for everyone.
Right now, you can take the next step to find out if the Membership is right for you. And that next step is absolutely risk free.
All you need to do is click the button below this post to schedule an introductory conference with me. The cost of the intro conference is $95, and we will meet on Zoom within 48 hours.
This will be a private (just you and me) video conference where we'll map out the plan for your specific case and I'll answer your questions about the Membership.
On that conference, if you decide the Membership is not right for you, I'll refund your $95 payment.
If I think the Membership is not right for you, I'll tell you that and I'll refund your $95 payment.
If we agree that the Membership is a good fit for you, then that $95 payment will also cover your first 30 days in the Membership. So you can take a test drive and explore the Membership to see if it works for you.
If you're ready to take the next step, then just click the link below and we'll connect on Zoom.
I look forward to talking soon. Take care until then.
Janie Lanza Vowles -- Practicing Divorce and Custody Lawyer -- Founder of www.yourmassdivorce.com
P.S. Click here to schedule a private video conference with me to discuss your case. The cost of the conference is $95. If you decide at the conference that the YMD Membership is not right for you, I'll refund your $95 immediately.
