J.P. Morgan is said to have uttered the flippant and famous quip, “If you have to ask how much it costs, you can’t afford it.” That was easy for him to say; he was a robber baron, paid almost no tax (ever), and lived in a time (the 19th and early 20th centuries) when Virginians had lifetime earnings that seldom amounted to more than $10,000. If you are living in the 21st century, seeking a Virginia divorce, you would be foolish not to ask the cost. The answer, unfortunately, is complicated.

Jump to a Section

Is the divorce contested or uncontested?

With divorce cases, uncontested divorce is much less expensive than a contested divorce, since you and your wife have reached a mutual decision to part ways. You have amicably agreed to divide your property, have worked out a child custody and visitation schedule, and decided on spousal support. You have done all that, right?

If you have not worked out all those details, you will pay two attorneys to do that with you, and that is still less expensive than a contested divorce. Fret not: both your attorneys will work quickly to put into legally binding words whatever you and your wife have decided. They will not “run up the tab” by “running out the clock.”

Another thing to consider, and here your attorney will come clean with you: You may be better off beginning with your attorneys (you need one; your wife needs one). Rather than try to hash out all the details by yourselves, the two of you can consult with your own attorneys and know exactly what to consider:

  • Retirement accounts
  • Summer vacations
  • Electronic visitation
  • Child support payments — Planning should include future educational plans, too
  • Work schedules
  • Spousal support — undefined or defined duration; specific goals such as paying for education or boosting self-esteem

By engaging the services of a Virginia family law attorney early in your divorce, you can avoid an expensive omission. Forgetting, for example, about a vacation cabin in the Shenandoah Valley, or overlooking a retirement account from a previous job, could come back to haunt you years past your divorce.

What’s the average cost of uncontested divorce?

Researching legal fees at a Virginia family law firm’s own website may lead you to think the information will be biased, so we turn to a 100 percent neutral source, Virginia’s Circuit Courts. Fee calculators some courts provide can help you determine smaller charges, such as having papers served to your spouse, clerk fees, court technology fund, and other costs. In Virginia Beach, you may face additional fees such as a Law Library fee.

As to the attorney fees, an uncontested divorce is absolutely the least expensive way to get legally parted from your wife, but fees can vary significantly. On average, says Lawyers.com, a Virginia divorce costs $14,500, but that is including both contested and uncontested divorces. You can pay significantly less to both your attorneys by agreeing to solutions quickly, leading to fast production of all the necessary documents.

Several law firms advertise uncontested and fast divorces in Virginia that cost just a few hundred dollars. These ultra-low-cost divorces are theoretically possible, but are likely to leave many areas unaddressed. Anything involving property division, for example, will drive up your costs.

What is the range of overall costs for a separation agreement?

Typically, the total overall costs for a Virginia separation agreement range from $1,500 to $5,000, which is an attainable amount for most people. A reasonable and cost-conscious attorney will often suggest a separation agreement as a starting point if you believe you can come to the middle on most issues. Not only can it save clients a lot of money to identify what they can agree on, what they need to iron out, and what might be a topic of contention, but it also can start the separation in a civil posture.

Is more money required to be added into the account later?

Yes, more money may be required to be added to the account later, depending upon a variety of factors. Keep in mind there are many factors out of our control – namely, your wife, her attorney, the Virginia courts … the list goes on. We also know that while we can do our best to present a fair and reasonable agreement, the other side may have other ideas in mind. The cost goes up with revisions, negotiations, and other work.

How can I save money in a divorce?

  1. Open Communication: Communicate openly and honestly with your attorney about your financial situation and goals. This allows your attorney to tailor their services to meet your needs and budget effectively.
  2. Be Organized: Organize all relevant documents and information related to your divorce, including financial records, asset and debt information, and any agreements or communications with your spouse. This can help streamline the legal process and minimize the time your attorney spends gathering information.
  3. Be Efficient with Communication: When communicating with your attorney, be concise and focused on the key issues. Avoid unnecessary back-and-forth communication or lengthy discussions that can increase billable hours.
  4. Do Some Tasks Yourself: Offer to handle certain tasks or paperwork yourself, such as gathering documents or organizing financial information. This can reduce the amount of time your attorney needs to spend on administrative tasks and lower your overall legal costs.
  5. Stay Focused on the Big Picture: Prioritize your goals and focus on reaching a fair and equitable resolution rather than getting bogged down in minor disagreements or seeking revenge. Protracted legal battles can significantly increase legal fees and prolong the divorce process.
  6. Educate Yourself: Take the time to educate yourself about divorce laws and procedures in your jurisdiction. Understanding the legal process can help you make informed decisions and work more efficiently with your attorney.
  7. Seek Support: Consider seeking support from friends, family, or mental health professionals to help you cope with the emotional and financial challenges of divorce. This can reduce the need for extensive legal assistance and potentially lower your overall costs.

You can stretch your legal dollar, even with the less expensive uncontested divorce, by following your lawyer’s advice, taking good notes, saving up questions for one efficient Q&A session, and ironing out — with your wife — as much of the divorce ahead of time as you two can agree upon. What you jot down in layman’s terms, your attorney can draft in proper legal language. By implementing these strategies and maintaining open communication with your attorney, you can work together to navigate the divorce process efficiently while minimizing legal expenses.

Get down to brass tacks with your attorney. Be upfront about your budget concerns, and ask for some guidelines on hourly costs. Attorneys are officers of the court, but they are also business people; they understand client concerns about money.

What is the range of retainers for uncontested divorces?

Retainers for uncontested divorces typically range between $2,500 and $5,000. However, the range of retainers for uncontested divorces can vary significantly depending on factors such as the complexity of the divorce, the geographical location, the reputation and experience of the attorney, and specific client needs. However, generally speaking, retainers for uncontested divorces tend to be lower than those for contested divorces since uncontested divorces typically involve less time and effort from the attorney.

And what about the range of retainers for contested divorces?

In our locality, when it comes to contested divorce cases, the retainer fee generally ranges between $5,000 and $10,000. While it is not entirely unusual for the retainer fee to exceed $10,000, the majority of cases I’ve seen fall into the $5,000 to $7,500 range. The estimation of retainer fees by attorneys is based on their anticipation of the complexity involved in the case. It’s important to note that the specific costs of a contested divorce can vary based on several factors, including geographic location, the complexity of the case, the attorney’s experience, and other individual circumstances. Hence, it is advisable to consult with an attorney to obtain a more accurate estimate for your particular situation.

The estimated range of total costs for a contested divorce can vary significantly. Generally, it is safe to assume that the total expenses will surpass the initial retainer amount. In most cases, the costs for a contested divorce typically fall within the range of $15,000 to $30,000 per person. It is important to note that both parties involved in the divorce will retain their own legal representation, and they will charge similar rates. While there is a possibility that the overall cost could be lower than the estimated range, it is equally possible for it to exceed the upper limit. In summary, contested divorce costs are typically estimated to be between $15,000 and $30,000 per person, yet they have the potential to vary outside of this range.

How does the retainer work in a divorce case?

If the client decides to hire an attorney for their divorce matter, they will typically enter into a fee agreement that outlines the terms of representation, including the attorney’s and paralegal or legal assistant’s hourly rates, any additional fees, and the scope of services to be provided. As part of the fee agreement, the client will often be required to pay a retainer fee upfront. This retainer fee acts as a deposit or advance payment for the attorney’s services. The amount of the retainer can vary depending on factors such as the complexity of the case, the attorney’s hourly rate, and other factors. As the attorney works on the case, they will bill their time against the retainer. This means that the attorney will deduct their fees from the retainer as they perform legal services such as research, drafting documents, attending court hearings, and negotiating with the opposing party.

The attorney should provide the client with regular billing statements detailing the services rendered and the fees charged. If the retainer is depleted, the client may be required to replenish it to ensure that the attorney continues to work on the case. At the conclusion of the case, any unused portion of the retainer is refunded to the client. Alternatively, if the retainer is insufficient to cover all the fees incurred, the client will be responsible for paying the remaining balance.

The Iron Triangle of Business applies

Business leaders are familiar with the iron triangle of business:

  1. Fast
  2. Good
  3. Cheap

You get to pick two; you can have a fast and good divorce, but it will not be cheap. You can have a cheap and fast divorce, but it will not be good. You get the idea.

Even with an uncontested divorce, you want your attorney to take time with your papers. You want full protection built into the property settlement agreement, so your retirement fund in 20 years does not look like Swiss cheese.

How long does it take to get divorced in Virginia?

In Virginia, the time it takes to get divorced can vary depending on several factors, including whether the divorce is contested or uncontested, the backlog of cases in the court system, and any specific circumstances of the case. Here’s an overview:

  1. Uncontested Divorce: If both spouses agree on all key issues such as property division, child custody, child support, and alimony, an uncontested divorce can typically proceed more quickly. In Virginia, uncontested divorces typically require a waiting period of at least six months from the date of separation before the divorce can be finalized.
  2. Contested Divorce: If spouses cannot agree on one or more issues related to the divorce, the process can be more time-consuming and may involve court hearings, negotiations, and potentially a trial. Contested divorces can take significantly longer to finalize, potentially stretching out over several months or even years, depending on the complexity of the case and the court’s schedule.
  3. Court Processing Time: Even in uncontested divorces, there may be delays due to court processing times, scheduling of hearings, and other administrative factors. The backlog of cases in the court system can also impact the timeline for finalizing a divorce.
  4. Waiting Period: As mentioned earlier, Virginia requires a waiting period of at least six months from the date of separation for uncontested divorces (12 months if there are minor children). This waiting period is intended to give spouses time to resolve issues and consider reconciliation before the divorce is finalized.
  5. Legal Representation: Having legal representation can also affect the timeline, as experienced attorneys can help navigate the process efficiently and advocate for their client’s interests.

Overall, while uncontested divorces in Virginia can typically be finalized within a few months, contested divorces may take considerably longer, often as long as one to two years. It’s essential for individuals going through a divorce to consult with an attorney to understand the specific timelines and requirements for their case as well as other factors that may prolong it.

Call the Divorce Attorneys for Men

Contested or uncontested divorce, please consider calling 757-383-9184 to reach The Firm For Men in Virginia Beach, or contact our divorce lawyers for men online. We offer reasonable, realistic fees and zealous, dedicated service to the men of Virginia in all matters of family law. The cost of a divorce may be difficult to gauge, but we can assure you, you will pay more when you choose a lawyer who costs less.