How Billing Works for Family Law Cases

“Why are legal fees so high?” This question frequently arises when people file for divorce or need post-judgment modifications. Legal fees can feel overwhelming, and it’s understandable why anyone would ask for a clear explanation of how their lawyer charges for their services. 

Recently, subscription-based and fixed-fee billing methods have become popular—especially in fields like immigration law. However, traditional family law billing tends to operate on hourly rates. This does lend itself to stress because these cases are unpredictable. Understanding the different family law billing methods will help you choose what works best for your case.

The Different Billing Methods 

Attorneys bill for family law cases in three ways: hourly, fixed fees, and subscription. Each method has its own rules and expectations.

• Hourly Billing: The most common method in family law is hourly billing. Under this model, the lawyer charges by the hour for their work on your case. The rate varies widely based on location and experience, but each hour worked is billed to you. This method can be unpredictable because the total amount depends on how long the case will take to resolve. Keep in mind that litigation requires a substantial amount of time. Attorneys may shut down their office for a week to focus on preparing for your case. Hourly billing fees can stack up quickly. 
• Fixed Fees: Lawyers may offer fixed fees for certain family law cases, particularly uncontested divorces. This means that instead of being billed by the hour, you pay a set amount for the entire case. Fixed fees are usually provided when the lawyer can estimate the time and work involved, such as a straightforward divorce with no children or complex property issues.
• Subscription Billing is a newer trend in legal services. Instead of paying hourly or per case, you subscribe to ongoing legal services for a monthly fee. This can be a good option for people who expect to need legal services over an extended period. It’s not as common in family law as in other areas like business or immigration. Companies will pay a certain monthly amount and can access any attorney when needed. Typically, you will no longer need legal counsel after a family law case. You will start a new case with a specific billing format if something changes. 

The Pros & Cons of the Different Billing Methods

Each billing method has benefits and drawbacks. Understanding them will help you make an informed choice about financing your legal services.

• Hourly Billing

• • • Pros: You only pay for your lawyer’s time on your case. If the case is resolved quickly, the costs may be lower.
    • Cons: The biggest downside is the unpredictability. Since family law cases can be emotionally charged and complex, the required time is often hard to predict. If the case drags on, this can lead to higher costs than expected. As we mentioned above, litigation will cost a significant amount of time and money. 

• Fixed Fees

• • • Pros: Fixed fees offer certainty. You know from the start exactly how much you will need to pay. Newly single people have to manage a new budget, and this helps with that. This is helpful for uncontested divorces, where both parties agree on most terms and the legal process is straightforward.
    • Cons: Fixed fees are generally only available for more straightforward cases. If unexpected issues arise, they might not be covered by the original fee, leading to additional costs.

• Subscription Billing

• • Pros: Subscription billing allows ongoing access to legal advice at a predictable cost. This could work well for individuals who need help over time, such as during lengthy custody disputes or post-divorce modifications.
  • Cons: It’s not yet widely available in family law and may not be practical for people who only need legal services for a short time. In addition, subscription billing might not cover complex litigation.

Speak To Us About Your Family Law Issues 

Understanding how legal fees work in family law cases is an important step in managing the financial side of your divorce. While hourly billing remains the most common method, depending on the issue’s complexity, some instances may be suited to fixed-fee or subscription-based services. Schedule a consultation with our firm to discuss which billing method might be best for your situation.