How Much Does a Divorce Lawyer Cost in Florida?

How much does a divorce lawyer cost in Florida?

Expect to pay hourly rates in the low-to-mid hundreds of dollars, plus an upfront retainer. FindLaw reported Florida divorce lawyers typically charged $260 to $330 per hour, with initial retainers of $2,000 to $5,000. That article was last updated in July 2020, so treat these as a floor. Rates in large cities and for experienced lawyers are often higher; ask for a current quote.

Total cost depends mostly on how much you and your spouse fight. FindLaw cited USA Today averages of $13,500 without children and $20,300 with children, and noted that costs can range from several hundred dollars to over $100,000.

For more background, see our Divorce and Separation hub.

How do Florida divorce lawyers charge?

Per the Florida Bar's consumer pamphlet on divorce fees, there are three common structures:

• Flat fee: allowed for uncontested divorces, as long as the case stays uncontested until it ends.
• Hourly rate: common in contested cases. You pay for every hour of lawyer and staff time.
• Minimum fee plus hourly: a floor amount, with extra hourly charges for additional time.

Lawyers may not charge contingent fees in divorce cases, so you cannot pay a percentage of what you win. Ask for the fee agreement in writing.

What is a retainer, and is it refundable?

A retainer or cost deposit is money you pay upfront before the lawyer starts work. The Florida Bar explains that an advance on fees is held in trust and is refundable if unused, while a non-refundable retainer is earned when received. Ask which type you are signing. In contested cases you may need to replenish the deposit as the case goes on.

What other costs come with a Florida divorce?

Beyond legal fees, you pay court costs set by third parties: filing fees, sheriff or process server fees, and court reporter costs, according to the Florida Bar. FindLaw reported filing fees ranging from $350 to $410 depending on the county (2020 figure); check your county clerk of court for the current amount. Other possible costs include mediation, expert witnesses, and appraisals of property or businesses.

How can I lower the cost of a Florida divorce?

• Settle what you can. Agreeing on property, debts and any parenting plan keeps the case uncontested and eligible for a flat fee.
• Use mediation instead of trial.
• Organize documents (income, accounts, debts) before meeting your lawyer to save billable time.
• Ask for fees up front: hourly rate, retainer, who bills at what rate, and estimated total.
• Ask the court for fee help. The Florida Bar notes a judge may order one spouse to pay some or all of the other's fees and costs.
• Consider limited help, such as a lawyer who only reviews your paperwork.

How long will the divorce take, and does that affect cost?

Time is money in hourly cases. Florida Statute 61.19 says no final judgment can be entered until at least 20 days after the petition is filed, unless the court finds a reason to act sooner. FindLaw reported uncontested divorces average about three months and contested ones about 12 months (2020 figures). Longer cases generally mean larger bills.