Legal Question in Family Law in Virginia
Middle of divorce process what would be the fee
My ex has had her attorney file for divorce. I have submitted my answer and counterclaim. My ex is located in Virginia where the divorce is to take place while I live in South Carolina. We have a home together in South Carolina which she states that she does not want. However there is a loan involved that there is dispute over. The loan was taken out in my name for her. She was making payments to me for the loan. We have two children together. Visitation,custody and support are being taken care of through the J&D court and not involved in the divorce. However the question of DNA of the youngest has been brought up in the divorce. The divorce has now been set for trial and I have received a request from my ex's lawyer to provide copies of evidence that I plan to use. I have done everything pro se up until this point. If I was to hire a lawyer at this point in the process (which I believe I need to do) what would the average fee be. I assume that it would be less than what is normally charged since I have already done a lot of the process on my own. And I would also like to know what is the likely hood of an attorney taking on a divorce at this point in the process. Thank You
2 Answers from Attorneys
Re: Middle of divorce process what would be the fee
Most attorneys don't like to take on cases in the middle. There are certain defenses that are waived if not raised in your answer. Be prepared to get a disclaimer about this.
That being said, you are wise to get an attorney to go to court with you for the final hearing. The sooner you find one, the more time you will have to prepare before court. Our firm normally charges $215 per hour with an initial retainer fee of $3500-$5000 depending on the issues involved in your case, but we have some reduced fee arrangements for lower income clients. Your question mentions several issues - marital debt, paternity of one child, and the length of your hearing will obviously affect the hours involved in the case.
You should talk to several attorneys in your area to find someone you would like to work with.
Re: Middle of divorce process what would be the fee
Many attorneys would probably bill you between $200 and $250 per hour for their time, and since the divorce case is apparently being contested and headed for a full trial, they probably would require an average retainer fee that would be somewhere between $3-$5K to assume the representation.
Bear in mind that the above rough estimate is strictly speculative and should be treated as such until you have something more definitive to work with from one or more particular lawyers who would be willing to take over the represntation in this matter.
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