How Much Does a Divorce Cost in San Diego?
Divorce is difficult for a multitude of reasons. No one wants to accept that their marriage is failing, let alone face the emotional ups and downs that the process heaps upon you. On top of that, the financial impact of divorce can be surprising for those who don’t adequately prepare for the process. One of the most common questions that we get is is, "how much does a divorce cost in San Diego, California?".
Every divorce is different and the financial cost associated with each divorce is also unique. Some couples are able to handle their divorces more peacefully than others. Others may have a complex divorce. To shed more light on divorce options, there are three common ways to legally end a marriage.
But when you’re analyzing the financial cost of your divorce, the first thing to consider is the process divorce you may be entering: will mediation work or do you envision a more contested divorce possibly requiring extensive litigation? The process the is used will impact how much your divorce costs. To get more insight regarding your unique divorce situation, please contact us.
In general, these are the other areas that will impact you financially. If you’re considering a divorce in San Diego, California, plan for the following costs:
DIVORCE ATTORNEY FEES
According to Lawyers.com, attorneys in California (including San Diego county) charge more per hour than the national average. Most divorce lawyers in California charge exclusively by the hour. Contingency fees like those often charged by personal injury attorneys are forbidden in California. You can expect anywhere between $250-$500 per hour for most attorneys in the San Diego area. Divorce attorneys will most likely require a retainer payment that is held in the attorney’s trust account to secure payment of their fees as they are earned. The amount of the retainer will often fluctuate depending on the attorneys view on the degree of complexity of the divorce. It’s important to understand how your specific attorney will bill before you enter the process. This should be detailed in the fee agreement provided by the attorney.
Additionally, the level of harmony or acrimony that is encountered during the divorce process will affect the financial outcome. If you are amicable and choose to go through mediation, that will likely cost significantly less than a drawn-out litigation.
ALIMONY/SPOUSAL SUPPORT
Essentially, alimony is a monthly payment by a spouse to their ex after divorce in order to help the recipient spouse become self-supporting in a reasonable period of time. Alimony is not always an issue in every divorce case. If it is an issue, it is often determined by a judge who must consider numerous factors in the analysis, such as incomes, earning ability, the ability to pay alimony, the need for alimony, division of assets and debts, domestic violence and other factors the judge deems relevant. Of course, a divorcing couple can work to reach an agreement on spousal support earlier on in the proceeding and save significant time and cost.. Alimony can last for a lifetime or a shorter specific amount of time until the dependent spouse is “financially independent.”
CHILD SUPPORT
If you are facing divorce with children, it’s important to prepare for the impact that child support will have on your finances. Child support in California is determined through a statewide statutory formula that requires the input of information from and about the divorcing parties and their children. The child support as determined by the formula must be adopted by the judge (with certain narrow exceptions), but the information that goes into the formula is subject to argument. For example, the judge must determine the parties’ incomes (or earning ability if not working), timeshare each parent has with the children, tax filing status, tax exemptions, mortgage interest and other information.
Additionally, you’ll need to anticipate whether or not you’ll have a lengthy and involved child custody battle, as this can greatly impact attorney and legal fees.
Lastly, when going through the divorce process with children, you can incur expenses that you wouldn’t necessarily think of…such as “guilt” expenses for trying to console your children through the process (think of a trip to Disneyland or a vacation you may not have otherwise taken). Other expenses such as out of pocket costs for family therapy or medical expenses. These can be overlooked but are certainly common for those divorcing with children.
EMOTIONAL WELL-BEING
When you go through a divorce, the process can be incredibly emotional. You might find yourself spending extra money on things to help yourself feel better. This could be therapy sessions, new clothes, entertainment or travel expenses.
Before you start the divorce process, consider how much your self-care will cost. Taking care of your emotional well-being is vital during a divorce. Be sure to plan for these extra expenditures so you can feel comfortable treating yourself during this time.
MOVING OR RELOCATION EXPENSES
Take the time to think about your moving and potential relocation expenses. This coupled with division of property may seem overwhelming. It’s not uncommon for divorcing couples to switch cities or move out of state during or after a divorce. Will you be moving out of your home? Are you staying in the same city or making a fresh start somewhere new? Be sure to factor in your new monthly rent expense now that you will likely be a single income household.
NEW HOME GOODS
During a separation or divorce, there are lots of small home furnishings and appliances that you might not think about. This is normal with property division. After you start the process write out a list of items you’ll anticipate needing. This can include things like furniture, pots & pans, tools, appliances, and more.
THE TRANSITION TO SINGLE INCOME
Many married couples get comfortable on a “double paycheck” lifestyle. It can be tough for those who don’t financially prepare for the single income lifestyle after divorce. Be smart about transitioning and understand where you may need to make sacrifices in order to remain financially responsible.
Every divorce is different and thus the cost of divorce is unique from case to case. However, considering the above factors will help you prepare and reduce the level of anxiety and uncertainty. A trusted divorce lawyer can help break down your anticipated costs and help you prepare for the process in more detail. If you’re facing a divorce in San Diego County or California and would like more information on your situation, including legal advice, please don’t hesitate to contact our family law experts.