Who Pays for a Divorce?

Divorce involves various fees. For example, you might need to hire a divorce lawyer in Edmonton.

Additionally, there is a divorce application fee. In terms of payments, many more factors play in. And based on that, one party or both parties pay the fees.

Find out When You Pay Jointly & Alone

You have already learned that there are different kinds of payments. Find below a general break of the costs, including the types of costs and who usually pays them.

Legal Fees

Normally, you need to pay your lawyer to prepare and distribute legal paperwork. Basically, these are some extra costs associated with submitting your divorce application.

These costs also include counselling for your spouse, creating copies of legal documents, etc. So, you can see that you pay your lawyer for different purposes.

Let’s divide all the legal fees so you can get a better of the total payment.

A Family Lawyer’s Cost

To construct a proper divorce agreement, it may be necessary for both parties to engage lawyers. Especially in a contested divorce, both spouses typically require legal assistance.

Cost: $500 to $4500 per hour based on their level of experience

Payer: Both parties

Other than the wage, there are payments for the necessary agreements made in a divorce. Check the next two sections.

Separation Agreement

Most people assume that filing a divorce decree is the most crucial step. But you are supposed to start by preparing the separation agreement.

The reason?

This agreement covers the home, debts, and financial assets that you and your spouse co-own.

The cost of a separation agreement mostly depends on how complicated the circumstances are in your divorce.

In terms of separation, one spouse first drafts the agreement with the aid of a lawyer. Next, the spouse then reviews it by hiring a lawyer.

Cost: $1500 to $2000

Payer: Both parties

Child Custody and Child Support Agreement

If you have children together, alongside making a divorce agreement, you have to create different agreements for child custody and support. And this needs to be done with the help of a lawyer.

Child custody and child support agreements depend on various factors. Besides, these agreements will change based on the prevailing circumstance.

Cost: $1500 to $2000

Payer: Both parties

Third-Party Fees

When you add up all the legal fees, the whole expense could be enormous.  In essence, these are the costs that rack up after hiring a lawyer.

Here are a few other expenses:

Court Filing

There’s a fee for collecting and submitting your divorce application. The application fee varies among provinces.

Typically, when clients hire a family lawyer, the lawyer gathers the application and submits it. And they repay the lawyer later with all other costs.

Cost: $200 to $600

Payer: The applicant

Affidavit of Service

You might need to mail the divorce agreement to your spouse. For this, you have to pay a bailiff. This, too, will be different among the provinces.

Cost: $40 to $200

Payer: The sender

What Is the Cost for an Uncontested (No-fault) Divorce?

If you and your spouse mutually agree that divorce is what it should be, you must file an uncontested divorce application after one year of separation.

In this type of divorce, the process is really simple. Since there is no disagreement between you two, all you need to do is, start the divorce process by consulting a lawyer.

Also, you need child custody reviewed by a lawyer you created during separation. And in an uncontested divorce, you don’t even have to appear in court.

Cost: $600 to $1000

Payer: Both parties

What Is the Cost for a Contested Divorce?

After a year of separation, one spouse may want to get a divorce. If the other spouse doesn’t want the same way, the opposing party must justify their arguments.

And they will be responsible for covering all court fees if they fail to explain why the marriage should continue.

In a contested divorce, the cost is higher because of the lengthy negotiations between the parties. Additionally, the process involves the division of assets, spousal support, and child support.

Cost: $7500 to $12500

Payer: Both parties or the losing party

What if You Must Appear in Court (Court appearance)?

In a case like a contested divorce, the couples must go to court as they cannot agree on issues like child support, spousal support, or the divorce altogether.

Once again, the expense is higher in such circumstances. Note that the price range given here is a general amount. And the cost can be higher depending on the complications.

Cost: $13000 to $26000

Payer: Both parties or the losing party

Final Notes

In an uncontested divorce, it’s advised for the applicant not to request costs because, in a no-fault divorce, there are usually no grounds for such an award.

If you ask for the fee, your spouse might not cooperate. Besides, it’s not common to ask for paying fees. And typically, respondents refuse to pay the fee.