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Wheaton divorce lawyerWhen parties have a completely uncontested (agreed upon) divorce, our office McSwain Nagle & Giese, P.C. may handle those cases on a flat fee basis, where no hourly charges are incurred. Unfortunately, even in situations where spouses are somewhat amicable, it is often very difficult to reach an agreement without legal guidance and some negotiations or litigation, particularly if there are minor children involved or substantial assets. In those cases, it is necessary to hire an experienced divorce attorney who is going to get you the best possible outcome while being cognizant of the cost to you. 

Since every family’s circumstances are so different, it would be nearly impossible to predict the cost of a divorce, which is why most divorce attorneys bill at an hourly rate. Hourly rates can vary from firm to firm but typically are based upon the experience of the attorney and the reputation of the firm. Paralegals and law clerks bill at a lower hourly rate and therefore can be used as a cost-saving tool. In addition to paying an hourly rate, most reputable law firms will require a retainer fee, which is an upfront lump-sum payment in order to secure the attorney’s services for your case. The retainer is placed into the lawyer’s trust fund/IOLTA account (an account that holds money on behalf of clients) and when the lawyer generates an invoice, the retainer is applied to the amount owed prior to the client having to pay additional funds. Family law attorneys in Illinois are required to generate and tender fee statements at least every 90 days, however many law firms, including ours, issue them every month.  

In addition to attorney’s fees, there are also costs associated with the divorce that are not paid to the attorney. Basic examples include filing fees, service fees, subpoena fees, and costs associated with a deposition (court reporter and transcript). Other larger costs include the cost of mediation, a guardian ad litem, evaluator, or business valuation/accounting services. Since these fees are often also based upon hourly billing, they can be unpredictable and sometimes substantial.

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