If you want to use a family law attorney for a divorce, you should first think about the costs of a divorce attorney. During an initial consultation, you can find out about the possible costs in advance and have an initial calculation made.
In this context, you have an insight into which aspects are taken into account when calculating the fee. Possible factors here could be, for example:
- Amount in dispute
- Type of legal activity
- Complications that may arise in preparing the divorce settlement.
- Time and effortrequired
- Type of divorce (contested or uncontested divorce)
- Do other claims have to be asserted (spousalsupport, custody, right of contact)?
With the above-mentioned factors, the 20% sales tax and possible cash expenses must also be taken into account.
The amount in dispute
The amount in dispute is necessary in order to be able to assess the lawyer’s fee. The following applies: the higher the amount in dispute, the higher the lawyer’s fee. The amount in dispute is determined by a tariff system and is currently 4350 dollars for disputed divorce proceedings.
However, if other assets are involved in the process, such as real estate and financial reserves, the amount in dispute increases.
The cost of mediation in the event of divorce is 220 dollars for one mediation hour per mediator team. Your family income and the number of dependent children are also relevant for determining the amount.
You can provide evidence of your income using a wage receipt or a pay slip. However, you do not have to pay the entire amount, but receive funding from the Federal Ministry for Families and Youth. However, only if you choose a mediator registered by the ministry. You can find an overview of the expected funding in the list from the Federal Ministry for Families and Youth.
For example, if you have a joint income of less than 1,800 dollars and two children, you don’t have to pay a deductible, whereas if you have a family income of 5,000 dollars, no support is paid.
Example 1: for calculating a mediation hour in the event of a divorce
Mr. and Mrs. Smith have 2 children. Mr. Smith earns a monthly net income of 2,200 dollars and his wife earns 1,000 dollars in addition by working part-time. Together they run a commercial online shop and achieve an average of 600 dollars a month.
- Family income: $ 200 + $ 1,000 + $ 600 = $ 3,800.
- As a result, the family income of the Smith family falls into tariff group G, so that they have to pay a deductible of 114 dollars per mediation hour.
Example 2: for calculating a mediation hour in the event of a divorce
Mr. Schmitt has a monthly net income of 2,200 dollars. Ms. Schmitt is unemployed and looks after her one-year-old daughter Lisa.
● Family income: $ 200
● As a result, the family income of the Schmitt family falls into tariff group C, so that they have to pay a deductible of $ 14 per mediation hour with an underage child.
Divorce without a lawyer
Divorce comes with high costs, so it is understandable that some spouses may want to forego legal representation. But when is a divorce possible without a lawyer and when is it not useful. When filing for divorce there are other important considerations to keep in mind in addition to financial factors. Nowadays, divorce attorneys help things go smoother for both the couples.
This applies to both a contested and uncontested divorce Las Vegas. Above all, matters such as maintenance obligations, child care, asset allocation and spouse maintenance are important. If you want to make a claim or if you disagree with the mutual agreements with your spouse, you should consult a family law attorney. An expert will help you to make your claims.
Divorce comes with high costs, so it is understandable that some spouses may want to forego legal representation. But when is a divorce possible without a lawyer and when is it not useful. When filing for divorce there are other important considerations to keep in mind in addition to financial factors.
This applies to bothcontested and uncontested divorce. Above all, matters such as maintenance obligations, child care, asset allocation and spouse maintenance are important.
If you want to make a claim or if you disagree with the mutual agreements with your spouse, you should consult a family law attorney. An expert will help you to make your claims.
Reimburse costs of divorce proceedings
First of all, each party has to bear its own costs, with the unsuccessful party having to reimburse its opponent for all costs incurred in the divorce process.
However, this only applies to the court costs that were actually necessary to enforce the law. The court itself determines the necessity of this. It should also be noted that the costs for the lawyer are taken from a tariff regulation.
Thus, only the fees of these regulations are paid, even if the attorney of the victorious party demands a higher fee. When a 50-50 debt is pronounced, the costs of the divorce are balanced or shared. However, the costs of willful actions need not be reimbursed; this is borne by the plaintiff itself.
If the annual income of one or both spouses is less than 13,244 dollars and if their assets do not exceed the limit of 4,144 dollars, both spouses are exempt from court fees.
In addition, both spouses can, under certain conditions, apply for legal aid or a litigation allowance if they do not have sufficient financial resources and cannot raise them to cover the costs of the divorce.
Legal aid in the event of divorce
Legal aid enables people with a low income to go through divorce or other lawsuits. It does not matter whether it is legal prosecution or legal defense. This gives spouses the opportunity to claim their rights in court and to keep the costs of the divorce low.
The application takes place at the competent trial court and, in the case of divorce, at the competent district court. A right to legal aid exists if a party is unable to conduct divorce proceedings without impairing the necessary maintenance and the litigation is not willful or appears hopeless.
The legal aid includes both the assumption of costs and legal representation:
- Temporary exemption from court fees and other fees
- Assumption of costs for official acts outside the court
- Fees for witnesses, experts, interpreters, translators and assessors
- Payment of cash expenses
- Legal representation in proceedings requiring a lawyer
The amount of legal aid is calculated on the basis of the applicant’s income and assets and is determined individually for each case. However, if the beneficiary’s financial situation changes over the course of three years, the legal aid may have to be paid.
Maintenance claims after a divorce
Basically, the spouses are free to contractually agree on the amount of maintenance payments to be made to a spouse. However, if there is a claim to maintenance and the spouses cannot come to an agreement, then the following statutory provisions apply.
Depending on whether a guilty verdict is present or not, whether a spouse is solely concerned with bringing up children, there are different maintenance claims.
In the case of a guilty verdict, the claim depends on the indebtedness of the spouse, whereby a distinction is made between sole guilt, equal blame and divorce with pronouncement of disruptive blame. If there is sole guilt, the guilty spouse is obliged to pay maintenance to the other spouse.
However, only if he is financially able to do so himself and the income of the injured spouse is insufficient to cover his livelihood. Net income is used as the assessment basis: dependents without their own income receive 33% of the debtor’s net income and dependents with their own income receive 40% of the joint total net income, minus their own income.
As the subject of spousal support is very complex, we have written an in-depth article on it that gives you an insight into how spousal support is measured and what you should definitely watch out for. In order to get an initial overview of possible maintenance claims, we offer you the possibility of determining the spouse’s maintenance with our maintenance and divorce cost calculator.