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  • Survey on Legal/Court Costs

    For those of you who have gone through the experience of separating/divorcing with the EX, would you mind sharing some info on the real cost of hiring a family lawyer and paying the court fees?

    I know this can vary a lot, from city to city and certainly depend heavily on the complexity of each case. I can imagine that it goes from 3~5K and up to 10~20K, but generally how much you paid actually to retain a good lawyer? On an hourly basis, will I be looking at 200 per hour or $300/hour? And mainly for a custody dispute, how many hours?

    Apart from the lawyer fees, how about those court fees? How much are we talking about to use the services of our legal system? Will that be shared or will it have to be paid for by whoever initiates the process?

    Thanks. Any insight will be greatly appreciated!

  • #2
    When my ex separated I spent about $5,000 on legal fees for a separation agreement (most of which has now been changed) whcih was agreed upon outside court. My lawyer's fee was about $250/hr nine years ago.
    Since then, we've been to court twice to change access and child support. Each time I've a self-represented litigant (can't afford a lawyer and don't qualify for Legal Aid). Each time I've been successful -- first time I defended my position successfully, second time I was awarded what I was seeking (though that had an interesting twist to the conclusion). And now it appears that my ex will be pursuing another issue in court.
    Last November, exes lawyer claimed his fees were $5,000 (and what he did for that I have no idea, because his lawyer refused to communicate with me, but it was pretty easy money for him), and I had to pay $2,500, which was deducted from child support. (don't know how THAT benefitted the children).
    Last edited by Epona; 04-26-2011, 01:37 PM.

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    • #3
      Well you are certainly right that there cant be alot of variance. from start to trial my first set of costs was about 8G.having said that my lawyer rate was about 200/hr. So sounds not too bad.... My Ex was not happy and so ended up spending another 30 for one of the best appeals lawyers (glad I did and it ended up in a dismissal after 2 hearings and 2 court levels later) but learn from my attempts the more you can settle out of court and with out a lawyer the lower your cost will be in the end. Just have what ever you agree to written up signed and witnessed.

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      • #4
        My cost for 2 case conferences, and 1 adjournment was $6,134.00. I prepared 90% of the brief for court, or it would have been another couple thousand dollars. My lawyer's fees were at $250 an hour. The Judge warned me at the last case conference that it would cost about $20,000.00 to go to trial.

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        • #5
          There are no court fees - only lawyer fees - ranging from $150 to $500, depending on the lawyer. So your costs are determined by how long it takes you to come to an agreement, how many emails/docs fly back and forth, and how much time the lawyer needs to spend in the courtroom.

          You would need to pay the court if you want them to provide a written transcript of a court session. I think the first person to request them swallows the cost of transcribing from tape, and the second person gets them much cheaper.

          If you need to get a document notarised, that is a small fee.

          I'm not aware of any other fees.

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          • #6
            Originally posted by iceberg View Post
            Are you saying trials, motions, appeals and so on are all free if you don't have a lawyer?
            I was wondering the same thing... I have been under the impression that there are fees that we pay to open a case, maybe in the hundreds but not in '000s.

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            • #7
              Yes they are 'free' if you self represent. But VERY expensive in terms of time.

              When the lawyer says trial will cost around $X, they are talking about how much of your money will go into their pockets.

              You always have a risk of being ordered to pay some/all of the other party's legal costs though. But if the court agrees you are being reasonable, then that is a low risk.

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              • #8
                Originally posted by iceberg View Post
                Working Dad is self representing he should know
                Well that kind of understatement that WorkingDAD knows ) I am Respondent. I did not pay anything to the court except document copy fees what is crazy $1 a page ...

                But saying that in respond to such honor and believe in my here what I find:

                ONTARIO REGULATION 417/95 | SUPERIOR COURT OF JUSTICE — FAMILY COURT — FEES

                1. The following fees are payable in respect of proceedings in the Superior Court of Justice — Family Court:
                1. On the filing of an application $157.00
                2. On the filing of an answer, other than an answer referred to in item 3 125.00
                3. On the filing of an answer where the answer includes a request for a divorce by a respondent 157.00
                4. On the placing of an application on the list for hearing 280.00
                5. On the issue of a summons to a witness 19.00
                6. On the issue of a certificate with not more than five pages of copies of the Court document annexed 19.00
                For each additional page 2.00
                7. For making copies of documents,
                i. not requiring certification, per page 1.00
                ii. requiring certification, per page 3.50
                8. For making up and forwarding papers, documents and exhibits 65.00 and the transportation costs

                O. Reg. 137/04, s. 1; O. Reg. 170/07, s. 1.
                2. Despite section 1, no fees are payable for the filing of an application, the filing of an answer or the placing of an application on the list for hearing in respect of,
                (a) proceedings under the Child and Family Services Act, the Children’s Law Reform Act, the Family Law Act (except Parts I and II), the Family Responsibility and Support Arrears Enforcement Act, 1996, the Marriage Act or the Interjurisdictional Support Orders Act, 2002; or
                (b) proceedings to enforce an order for support, custody or access made under any of these Acts. O. Reg. 417/95, s. 2; O. Reg. 15/00, s. 3; O. Reg. 137/04, s. 2.
                3. Omitted (revokes other Regulations). O. Reg. 417/95, s. 3.

                to iceberg: sorry not for Alberta. Move to Ontario that probably where all family law lawyers going from Alberta ))) ((
                Last edited by WorkingDAD; 04-26-2011, 04:50 PM.

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                • #9
                  Originally posted by dinkyface View Post
                  Yes they are 'free' if you self represent. But VERY expensive in terms of time.

                  When the lawyer says trial will cost around $X, they are talking about how much of your money will go into their pockets.

                  You always have a risk of being ordered to pay some/all of the other party's legal costs though. But if the court agrees you are being reasonable, then that is a low risk.
                  well problem is that you will know that after that fact )))))))))))

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                  • #10
                    I have never had to pay anything to the Court for 'Fee's'.
                    I've filed most of those listed above. No one ever asked me for money.

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                    • #11
                      I don't remember any costs either regarding those many forms. Although, I did come across this: Exempted Group Integration Licensing Process

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                      • #12
                        I am self represented, here are costs to date:

                        When we did our separation agreement I think it cost a combined $8,000 or so a few years ago.

                        For filing a motion to vary support after the agreement - it cost me about $100. Since then, no court 'fees'.

                        My ex retained a lawyer for 9 months, 3 conferences and unending stream of letters for about $23,000. I believe my ex did most of the briefs and filings.

                        I 'lost' one long motion and was ordered to pay $1000. The rest of the costs have been reserved pending trial outcome.

                        Our trial has been set for 10 days, and I've had several trial lawyers quote it - for an average of $30,000 just for trial.

                        FG

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                        • #13
                          Originally posted by fieldgrey View Post
                          I am self represented, here are costs to date:

                          When we did our separation agreement I think it cost a combined $8,000 or so a few years ago.

                          For filing a motion to vary support after the agreement - it cost me about $100. Since then, no court 'fees'.

                          My ex retained a lawyer for 9 months, 3 conferences and unending stream of letters for about $23,000. I believe my ex did most of the briefs and filings.

                          I 'lost' one long motion and was ordered to pay $1000. The rest of the costs have been reserved pending trial outcome.

                          Our trial has been set for 10 days, and I've had several trial lawyers quote it - for an average of $30,000 just for trial.

                          FG
                          what a waist ... sorry bro ((
                          what is trial lawyer? Can you have lawyer just for trial ? I had been sinking about that... that probably would make sense if I would be able to find honest one what is probably almost impossible ...

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                          • #14
                            Originally posted by WorkingDAD View Post
                            what a waist ... sorry bro ((
                            what is trial lawyer? Can you have lawyer just for trial ? I had been sinking about that... that probably would make sense if I would be able to find honest one what is probably almost impossible ...
                            I've learned there are two types of family law lawyers: those who do trial and those who don't. Trial lawyers have experience with managing the exhausting grind that is an 8-hour day in court plus hours of evening work prepping witnesses, exam materials, etc. Unlike the movies, I haven't met a trial lawyer who likes going to trial.

                            Hiring a lawyer to just do trial will be expensive anyway, as you have to pay them to get completely caught up on the case. I don't know how many would do it, but if they do I imagine they'll want sufficient time to do their own case diligence too.

                            =$$$

                            FG

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                            • #15
                              I haven't even made it to trial yet. Two lawyers later (started with mediation lawyer) and 16 months... in just over 15k. So all I can say is good luck and skip the mediation. My lawyer is $300 per hour. Not sure anyone is worth that, maybe a brain surgeon.
                              Last edited by She took the kids; 04-27-2011, 03:57 PM. Reason: addition of information

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