How Much Does a Divorce Cost in Rhode Island?

How much does a divorce cost in Rhode Island? Some families pay out exorbitant amounts on a wedding. However, if the marriage ends in separation and irreconcilable differences, a divorce can also be costly. Litigants in a divorce in Rhode Island have to pay attorneys fees, outside consultants and court costs

Divorce attorneys fees

Between court fees, attorney fees and outside consultations, you could end up spending quite a lot on your divorce. However, the cost of a divorce can be unpredictable. An uncontested divorce is often offered for a reasonable flat fee. A minimally contested divorce will be relatively in-expensive.

• How much does a divorce cost?
• How can I lower the cost of a divorce?

If the divorce involves custody issues or visitation disputes, the Court may appoint a guardian ad-litem to represent the best interest of the minor child. Guardian ad litem’s expenses and fees can be very expensive in a divorce or child custody case.

Outside consultant costs and expenses

Divorce attorneys often retain the following consultants to properly represent their clients.

• CPA’s and tax advisers
• Financial advisers
• Real estate appraisers and real estate agents
• Mediators
• Antique appraisers
• Pension and retirement account experts
• Business evaluators and appraisers

The price of a divorce depends on many factors and many considerations.

Most litigants fail to consider many of the particulars that are often involved in a divorce. There are many fees, costs and experts involved in a divorce in Rhode Island. Obviously, it is crucial that a litigant retains a top, experienced divorce lawyer to represent their interests in the divorce and advocate for their positions. In many cases the divorce attorney will need to retain top experts and consultants to properly represent you in the divorce.  Below you will find some of the costs and expenses that may contribute to the overall price of a Rhode Island divorce:

• Attorney fees
• Court fees
• Estate appraisers
• Tax advisors
• Child custody evaluators
• Mediator fees
• Filing fees
• Deposition transcripts and Court transcripts
• Constable costs and subpoena service of process
• Private investigators

Many litigants are investigating:

How much does a divorce cost in Rhode Island?

• An uncontested divorce in which all custody matters are agreed upon,  and all assets have been divided is usually an inexpensive flat  attorney fee.
• It is often impossible to determine how much a divorce will cost from beginning to end.
• However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the RI divorce usually depends on several factors.
• Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided. The price of the divorce may also depend on the number of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.
• The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case.
• If there is no settlement and the case proceeds to trial or the day of trial, the divorce could get very expensive.
• If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.”

Unfortunately, in many divorce and child custody cases, attorney fees are exorbitant.  Do not expect to get any sympathy from Rhode Island Family Court Judges about how long the case has gone on. You will get no empathy from a RI Family Court Judge concerning how much the divorce case has cost you. Judges have too many case on their calendar to be worried about the life stressors of the litigants.

Lawyers.com did a survey of their readers and reported the following:

• • “According to our survey, the average divorce in Rhode Island costs $13,200. Attorney’s fees account for $10,400 of this amount and the rest included fees for things like court filings, the cost of copying and sharing documents, and compensation for expert witnesses and consultants (like child custody evaluators, appraisers, or financial analysts).” Lawyers.com

• “Attorneys’ fees are a significant chunk of the cost of divorce because the average hourly rate for divorce attorneys in Rhode Island is $250. Your attorney’s hourly rate—plus the rate of any paralegals and other firm staff—factored with the total time spent on your divorce case will determine the amount of attorneys’ fees you’ll pay.” Id.

(Editor’s notes: This survey is very questionable since the vast majority of the divorces in Rhode Island are minimally contested or uncontested. These divorces would drive down this average, considerably.)

RI Family Court Judges want cases to settle

The judges want cases to settle so that they can move their calendar. If the judge is trying to get the case resolved, it is not to save the parties money or to help alleviate stress. The Judge wants the case to settle so he or she can focus on the busy calendar. The judge does not care that you are being put through the ringer by the other attorney. The judge does not care that the case is bankrupting you. Why doesn’t the judge care?

The judge really is not allowed to care

The Judge’s rule is to decide cases based on equity, law and the facts. The judge’s role in a custody or visitation case is to help protect the best interest of the minor child. It is your attorney’s role to help you with the stress and financial aspects of your Rhode Island divorce, custody or visitation case.

The Law in RI pertaining to attorneys fees and divorce:

 15-5-16. Alimony and counsel fees – Custody of children.

(a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other.

(b)(1) In determining the amount of alimony or counsel fees, if any, to be paid, the court, after hearing the witnesses, if any, of each party, shall consider:

(i) The length of the marriage;

(ii) The conduct of the parties during the marriage;

(iii) The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and

(iv) The state and the liabilities and needs of each of the parties.

(2) In addition, the court shall consider:

(i) The extent to which either party is unable to support herself or himself adequately because that party is the primary physical custodian of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside the home, or seek only part-time or flexible-hour employment outside the home;

(ii) The extent to which either party is unable to support herself or himself adequately with consideration given to:

(A) The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;

(B) The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;

(C) The probability, given a party’s age and skills, of completing education or training and becoming self-supporting;

(D) The standard of living during the marriage;

(E) The opportunity of either party for future acquisition of capital assets and income;

(F) The ability to pay of the supporting spouse, taking into account the supporting spouse’s earning capacity, earned and unearned income, assets, debts, and standard of living;

(G) Any other factor which the court expressly finds to be just and proper.