How Much Does a Divorce Cost on Long Island?

Divorce costs vary enormously, from a few thousand dollars for an uncontested case to far more for a litigated one. The size of the estate matters less than the level of conflict. Here is how the pieces fit together.

Flat fees for uncontested divorces

When the spouses agree on all terms, most Suffolk County attorneys charge a flat fee. This firm charges $2,500, which covers the settlement agreement, all court papers, filing, and follow up through the judgment. Court filing fees are separate and are set by the state. A flat fee gives you certainty and is the least expensive route by far.

Retainers and hourly billing for contested cases

A contested divorce is billed hourly against an initial retainer. The retainer is a deposit, not the total cost. The attorney bills time for conferences, drafting, discovery, motions, negotiation, and court appearances, and replenishment of the retainer is required as it is used. Rates on Long Island vary widely by experience and firm size. The firm uses flat fees for defined pieces of a contested case, such as a motion or a hearing, whenever the scope can be fixed in advance, so that you are not paying by the hour for everything.

Costs beyond legal fees

• Court filing fees
• Attorney for the Child fees, which the court may allocate between the parents
• Forensic accountants and business or pension valuators
• Forensic custody evaluations
• Appraisals of real estate
• Process servers and court reporters

Who pays the lawyers?

Each spouse generally pays his or her own attorney, but New York law presumes that the less monied spouse should receive an award of counsel fees from the more monied spouse so that both sides can litigate on an even footing. Interim counsel fee applications are common early in a contested case. This is an important tool for a spouse who does not control the family finances.

How to control the cost

Be organized. Provide your financial documents promptly and completely. Use your attorney for legal work, not as a sounding board for every disagreement. Choose your battles; a fight over furniture costs more than the furniture. Consider negotiated agreements on the issues that can be resolved early. And be honest with your attorney about your goals, because the most expensive divorce is one whose goals keep changing.