Articles Posted in Divorce

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For attorneys and litigants alike, the legal fees attendant to the handling of a divorce matter are an important consideration. When it comes to legal fees, time is money. Because our Rules of Court prohibit the handling of divorce cases on a contingent fee basis, legal services are billed based upon the actual time spent working on the case at an hourly rate and charged against an initial retainer amount to be paid by the client. When prospective client asks how much in legal fees the divorce will cost, I explain that there are too many variables to give a precise estimate, including the number and complexity of the issues involved, the level to which those issues are contested, the reasonableness of the other spouse and/or attorney in regards to their positions, cooperation and/or course of conduct during the process, and the extent litigation or court involvement is needed to resolve those issues. Several years ago I wrote a blog post suggesting five ways a client might be able to reduce their legal fees in a divorce. However, prospective clients sometimes ask how we come up with the initial retainer fee amount requested to commence their representation in a given case. Candidly, I have found that there is no set formula or uniform approach upon which a given attorney or law firm will quote an initial retainer amount to a prospective client, and that is true with this firm. However, as with the overall legal fees that might be incurred in a given case, I explain that there are a number of variables which bear upon the amount of an initial retainer. This blog post will address some of them.checkbook-register-300x200

First, it is important to discuss what an initial retainer is not. From the outset a prospective client must not be given the impression that the amount of an initial retainer represents the actual or full amount of legal fees their case will cost. If fee disputes arise, this is often a common refrain clients make. At the outset, the attorney must make clear to the client that the amount being requested for an initial retainer is just a baseline amount to commence representation in the matter, an amount sufficient to cover a core level of anticipated legal services based upon the attorney or firm’s hourly rates. The client must understand that the total legal fees may likely be more, depending upon the variables noted above and the facts and circumstances of their case. That should be reflected in writing, preferably in the Retainer Agreement itself to be entered into between the attorney and client as mandated by Rule 5:3-5(a). Nor should a retainer amount be driven by an emotional reaction to a client or his/her circumstances. Both the attorney and client must recognize that they are still entering into a professional business relationship, and the financial terms of that relationship should be determined accordingly.

Again, what goes into setting a retainer fee varies from attorney to attorney or firm to firm. Some attorneys have established fixed retainer amounts for given types of cases and stick to those amounts – a retainer to handle a divorce is such and such. Some may have established fixed retainer amounts depending upon whether certain issues are involved. Obviously, the amount of a retainer fee will also depend upon the hourly rates of the attorney(s) handling the matter – the higher the hourly rates, the larger the retainer necessary to cover a baseline amount of legal services. For some attorneys, the retainer fee may simply be a multiple of their hourly rates times a baseline number of hours. The number of hours may reflect an attorney’s estimate of the minimum amount of legal services a case may take if everything – and I mean everything – went perfectly.

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There is a saying among realtors that the first offer is usually the best offer. Why is that?  Because the first offer is made when the property is freshly on the market. When real estate sits buyers6a3146dbdf81597192112ac03d77c7e4-300x200 become suspicious. There is also the cost of holding the property to factor in.  The first offer likely saves the seller from incurring more tax, mortgage, utility and upkeep costs. There is a lot to be said about the psychological benefits of a fast deal as well. No worry, no uncertainty, no sleepless nights. Continue reading

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This week the media was abuzz with news of the demise of another celebrity marriage, this time with the separation of professional basketball player, Carmelo Anthony, from his wife Lala

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Weddings rings and large bills of money

Anthony. The Anthony’s have been married since 2010 and have a 10 year-old son. Their potential divorce raises questions about what would happen with their assets and who would get custody of their son in their divorce, were such a case to arise in New Jersey. Continue reading

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image1-232x300On Friday, billions of people around the world observed the Christian Holy Day of Good Friday. It marks the day that the Trial of Jesus of Nazareth occurred and when he was sentenced to death for failing to deny that he believed himself to be the Son of God. Christians believe that Jesus willingly suffered and died by crucifixion as the ultimate sacrifice for the sins of humanity (1 John 1:10). Easter Sunday celebrates Jesus rising from the dead, an event which is referred to as the Resurrection. Set in the springtime every year and often close to the Jewish Holy Day of Passover, Easter symbolizes a time of rebirth and renewal. Holy Thursday, which occurred yesterday, marks the event of the Last Supper of Jesus and his Apostles, during which the group were celebrating a Passover Seder when Jesus informed the group that he would be betrayed by his followers. Continue reading

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I recently attended a seminar where the topic concerned the obtaining, analysis and use of medical records. While the main focus was how medical records were dealt with in civil litigation matters such as medical malpractice and personal injury cases, it was clear that a number of the issues discussed could apply to Family Court matters as well. A spouse may allege that they are unable to work, or may be limited in what type of work they can do, as a result of some sort of medical or psychological condition or disability, thereby impacting a claim for spousal and/or child support. A spouse may allege that they suffered physical and/or emotional injury as a result of an act or course of abuse by the other spouse leading to a claim for damages in an action for domestic tort. Continue reading

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There are some points where federal law intersects with or affects the economic consequences of pending or finalized divorces. Recently one of those point of intersection was the topic Job-Application-SSN-300x225of conversation of a prospective client. Her concern I am sure are shared by many. The question dealt with Social Security and how one computes the 10 year requirement for derivative benefits. Continue reading

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Going through a divorce can be time consuming, expensive, and emotionally draining, among many other things. For this reason and more, many people try to rush the process and enter into an file0001849487704-300x225ill advised settlement agreement  on their own in order to obtain a quick divorce and move on with their lives sooner rather than later.  Conversely, other people prefer to stick their heads in the sand and do nothing when their spouse files a divorce complaint, which can lead to the entry of a default judgment of divorce by the court that is contrary to their best interest.  While taking either of these actions may work for some individuals, if such actions result in an unfavorable outcome, it can be costly and possibly difficult to correct, if they can be corrected at all. Continue reading

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This is another of a series of blog posts in which I will be highlighting some of the more commonly asked questions of divorcing clients as to whether they can or can’t do certain things in regards to aspects of their financial or personal affairs. Once again, the thoughts expressed in this blog post should not be construed as being in the nature of legal advice, but merely serves as an overview of things to consider if you are a client asking these questions or a lawyer confronted with how to respond to them. Now let’s get to my next two commonly asked questions. Continue reading

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During the initial stages of a divorce action, whether at an initial client conference or early on in the process, I am invariably asked by a client whether they can or can’t do certain things in regards to aspects of their financial or personal affairs. Since many clients ask the same sorts of questions, I thought it made sense to write a blog post addressing some of the more commonly asked questions. I will highlight two or three of these questions in a series of blog posts over the next several months. Continue reading