May 4, 2026

Ask Jonathan Anything: What Does Divorce Really Cost?

Transcription

Jonathan Breeden: [00:00:00] On this week’s episode of The Best of Johnston County Podcast, we have a special edition episode that we call Ask Jonathan Breeden Anything. And in this podcast we talk about the cost of divorce as it relates to attorney’s fees.

So if you’re interested in how law firms charge for doing divorces? There are several different types of fee agreements that they do from fixed to flat to hourly, or if you’re interested in ways to keep that cost down, listen in.

Welcome to another episode of Best of Johnston County, brought to you by Breeden Law Office. Our host, Jonathan Breeden, an experienced family lawyer with a deep connection to the community, is ready to take you on a journey through the area that he has called home for over 20 years. Whether it’s a deep dive into the love locals have for the county or unraveling the complexities of family law, Best of Johnston County presents an authentic slice of this unique community.

Jonathan Breeden: Hello, and welcome to another [00:01:00] edition of The Best of Johnston County Podcast. I’m your host, Jonathan Breeden. And on today’s episode, we’re gonna do a special edition episode that we’d like to call Ask Jonathan Breeden anything.

And on these episodes, our social media coordinator, Raena Burch, ask me, Jonathan Breeden common family law questions that we receive here every day at the Breeden Law Office. On most of our episodes, it’s me, Jonathan Breeden, interviewing interesting community leaders, small business owners, and people that I find interesting in Johnston County about the services they provide in the citizens of Johnston County and why they love Johnston County.

But on these special edition episodes. I, Jonathan Breeden answer family law questions. And that’s always a ton of fun. I don’t often know what the questions are before we start, so it’s always an adventure. But before we get to that, please like, follow and subscribe to this podcast wherever you see it, whether that be on Apple, Spotify, YouTube, TikTok, LinkedIn, or any of the other social media channels of The Best of Johnston County Podcast.

The Best of Johnston County Podcast comes out every single Monday and has now for well over two and a half years. So go back [00:02:00] and list some of our previous episodes. We’ve had the vast majority of the county commissioners. We’ve had lots of small business owners. I’ve learned a lot. You will learn a lot. The content is evergreen so it doesn’t get old.

So go back and listen to some previous episodes. If you love Johnston County as much as I do, this is the podcast for you. Welcome, Raena.

Raena Burch: Oh, welcome, Jonathan. All right,

Jonathan Breeden: no problem.

Raena Burch: All right, so this.

Jonathan Breeden: We haven’t done one of these a while.

Raena Burch: We haven’t done these in a while. Important topic, a topic that a lot of people worry about in divorce. A little controversial but we’re gonna talk about the cost of divorce,

Jonathan Breeden: okay.

Raena Burch: Today. So, number one, what are the different fee structures that lawyers might use to charge their clients?

Jonathan Breeden: Okay. Fee structures. Alright. There are really about, I mean, there are a lot of different fee structures.

Raena Burch: Yeah.

Jonathan Breeden: But the most common fee structures you see are hourly billing. And that is starting to go away

Raena Burch: okay

Jonathan Breeden: with AI and more modern technology

Raena Burch: Yeah

Jonathan Breeden: but hourly billing is still [00:03:00] probably the most common fee structure for family law attorneys that I know. Now that can be broken up in a couple different ways. There is a traditional. You pay $5,000, the attorney bills his hourly rate anywhere from $300 to $600 an hour. Depending on their training and experience and what they want to charge.

And I mean, not many doing 300 an hour anymore, but you know, you might find that out there.

Raena Burch: Yeah.

Jonathan Breeden: And then they send you a bill. They have that money in their trust account. If it’s $5,000, there’s a bill for $3,000. They pay themselves. That leaves $2,000 and they ask you to replenish it back to 5,000. So they always have 5,000 in their account.

Raena Burch: Okay.

Jonathan Breeden: So that is what I call straight billing. You take an amount of money, you hold it in the account, you bill against it, the person replenishes it. Then there’s also this sort of hybrid hourly billing thing where you have this called minimum fee where you’re paying a minimum fee sort of [00:04:00] retainer to the law firm.

Raena Burch: Mm-hmm.

Jonathan Breeden: And you will pay, say, $7,000 to start a litigation case, right. Thousand or whatever they wanna charge, and 5,000 will be earned upon signing the agreement. And then the attorney will, or really can sort of track their time, hourly time towards that amount of time. That was sort of the minimum fee.

Raena Burch: Yeah.

Jonathan Breeden: And then when the minimum fee is up, then it goes to hourly billing. You put some money in trust and after that it, you just continue to just regularly bill it like we just talked about.

Raena Burch: Okay.

Jonathan Breeden: So that’s sort of a hybrid model. There is now fixed fee and flat fee.

Raena Burch: Okay.

Jonathan Breeden: Okay.

Raena Burch: What’s the difference?

Jonathan Breeden: Right. Well, a flat All right. Well, fee is a fee to cover whatever case there is.

Raena Burch: Okay.

Jonathan Breeden: Okay. So I’m gonna do this entire case, whether it be custody, alimony, child support, equity, distribution

Raena Burch: mm-hmm

Jonathan Breeden: for a flat [00:05:00] fee of $20,000. Okay.

Raena Burch: Yeah.

Jonathan Breeden: And whatever happens. It’s not gonna cost you more than 20,000.

Raena Burch: Doesn’t matter how long or how, how little or how long it takes.

Jonathan Breeden: How long, correct. Correct.

Raena Burch: Yep. Okay.

Jonathan Breeden: Right. The other thing that we see out there that the public thinks is a flat fee, but is really a fixed fee, is a fixed fee by procedure. Okay.

Raena Burch: Oh, okay.

Jonathan Breeden: And this is now probably the second most common way family lawyers are charging, and it may almost be up to 50/50

Raena Burch: mm-hmm

Jonathan Breeden: with hourly now. And that is a fixed fee by procedure in the case.

Raena Burch: Gotcha.

Jonathan Breeden: So it’s $5,000 for temporary custody. Okay. And whatever has to happen to get a temporary custody order signed by a judge, whether you mediated at the courthouse.

Raena Burch: Yep.

Jonathan Breeden: Whether you mediate it with your lawyers, whether the lawyers negotiated among themselves, whether you tried to a judge.

Raena Burch: Yep.

Jonathan Breeden: It’s say [00:06:00] $5,000 for temporary custody. But then that’s only one part of the case.

Raena Burch: Yeah.

Jonathan Breeden: There’s child support.

Raena Burch: Mm-hmm.

Jonathan Breeden: Well, there’s a fixed fee to get a child support order of $5,000.

Raena Burch: Yes.

Jonathan Breeden: There is a fixed fee as you go through a equal distribution property case.

Raena Burch: Mm-hmm.

Jonathan Breeden: As well where there’s, you have to file, the first thing you’re gonna do is file inventory affidavits where you list out all the marital property and all of the debts, and you gotta run all those numbers down.

Raena Burch: Mm-hmm.

Jonathan Breeden: Well, they’re gonna charge a fee. To file that affidavit of let’s say $5,000. And if the case doesn’t settle after the affidavits are filed, they’re gonna charge you seven or $8,000 to do a pretrial order and go through mediation.

Raena Burch: Mm-hmm.

Jonathan Breeden: And then if it doesn’t settle at mediation, the trial’s gonna be another $15,000.

Raena Burch: Gotcha.

Jonathan Breeden: And these are fixed fees, so that’s what your cost is going to be, but it’s not a flat fee.

Raena Burch: Got it.

Jonathan Breeden: And I think a lot of the people think they’re getting a flat fee of this is the entire case for 20 or 25,000 when they’re [00:07:00] getting a fixed fee for limited parts of the case.

Raena Burch: Yes.

Jonathan Breeden: And that can be confusing. So the good thing about fixed fees and flat fees is there is some control of the cost. You kind of know what it’s gonna be. Where I think people get confused on fixed fees is temporary custody may only be one. Of seven fixed fees, you’re gonna need to finish this case, particularly if it’s a complicated case or the parties just can’t agree.

Raena Burch: Yeah, and I think there’s also kind of a hybrid in between those two, where they’ll charge a flat fee for discovery and a flat fee for a deposition and whatnot doesn’t however much or however.

Jonathan Breeden: Right. But that’s a fixed fee,

Raena Burch: but that’s a fixed fee.

Jonathan Breeden: That’s a fixed fee.

Raena Burch: But it doesn’t, it doesn’t depend on what case, like

Jonathan Breeden: correct, because to me, for it to be flat, it needs to cover everything.

Raena Burch: Everything.

Jonathan Breeden: And then whenever they break it down by process,

Raena Burch: yes

Jonathan Breeden: to me that’s fixed

Raena Burch: okay

Jonathan Breeden: ’cause I’m paying a fixed cost for this

Raena Burch: yes

Jonathan Breeden: item. This one part of the case.

Raena Burch: Got it. And then so, but it doesn’t matter if it’s a custody case or a child support case [00:08:00] or an equitable distribution case, that deposition fee is gonna always be the deposition fee,

Jonathan Breeden: the right, the fixed fee.

Correct.

Raena Burch: So. Okay, good. Good to, good to know. Right? Good to know all that. All right, next question retainers. What is a retainer and how might it, like how quickly might it be used?

Jonathan Breeden: Okay. Well, there’s a couple different ways law firms use retainers. There is a true retainer where you’re paying an amount of money and you’re not getting anything for it other than the law firm taking your case.

Raena Burch: Okay.

Jonathan Breeden: Okay. So some law firms say it is $2,500 for me to take your case.

Raena Burch: Yep.

Jonathan Breeden: And then you pay hourly after that.

Raena Burch: Gotcha.

Jonathan Breeden: So you put in $10,000 into the trust account. They take $2,500 as a retainer, and then they start, when they start billing, they’re billing only against the 7,500 that is left.

Raena Burch: Okay.

Jonathan Breeden: Okay. There’s that, and then there’s the hybrid retainer that we talked about earlier, which is really a minimum fee where because so law [00:09:00] firms can only take so many cases.

Raena Burch: Yes.

Jonathan Breeden: ‘Cause they don’t know how long they’re gonna go.

Raena Burch: Mm-hmm.

Jonathan Breeden: They have limited capacity.

Raena Burch: Yep.

Jonathan Breeden: They need to make a certain amount on every case. So they charge a minimum fee of 5 to $7,000. And then regardless of what happens, if it gets done in a week or it gets done in three weeks, and maybe they didn’t do 5,000 of work, they still get to keep the 5,000 because they didn’t take the next case that was coming because they hit their cap for that month.

Raena Burch: Gotcha.

Jonathan Breeden: And they have to get a certain amount. So there’s sort of this minimum fee type retainer, but when you think of a true retainer and you don’t see a ton of these anymore, but when I first started, there were everywhere.

Raena Burch: Yeah.

Jonathan Breeden: Where you didn’t get anything for it. Now some law firms are calling it an administrative fee for setting up the file.

Raena Burch: Okay.

Jonathan Breeden: Creating the Google Drive links and all of that. And so instead of calling a retainer, some law firms are calling it an administrative fee of 10% of whatever they charge to start the case is.

Raena Burch: Gotcha. And here’s a question. So you’re saying the, the, maybe the minimum fee is $5,000 and it, it [00:10:00] doesn’t take $5,000 of worth of work to get it done. ‘Cause maybe it’s a a, a pretty amicable case. Not, not a, not very contentious and so. They’ve put in $7,000, the lawyer keeps 5,000. Do they get 2000 back?

Jonathan Breeden: Yes. They get whatever’s left in the trust account back.

Raena Burch: Gotcha.

Jonathan Breeden: Over and above whatever the minimum fee was.

Raena Burch: Okay. Good to know. All right. Three. What are the biggest factors that can drive the cost of divorce up or down?

Jonathan Breeden: People not getting along. I mean, really it’s just how contentious you want to be.

Raena Burch: Yeah.

Jonathan Breeden: I mean, whether it’s fixed, flat, hourly, whatever, it’s all gonna be based on how long the attorney believes that they’re gonna have in it.

Raena Burch: Mm-hmm.

Jonathan Breeden: And then, you know, and if it’s hourly, it’s just gonna keep going.

Raena Burch: Yep.

Jonathan Breeden: And so the number one driver of the cost is how many issues are there? Is it custody? Is it child support? Is it post separation support? Is it alimony? Is it property distribution? Is it a domestic violence restraining order?

Raena Burch: Yeah.

Jonathan Breeden: You know what has to be done and [00:11:00] then how do the people get along? Because if you want to fight about everything, it is going to be crazy expensive because it’s gonna take that much more of a lawyer’s time at 3, 4, 5, $600 an hour to try to get you to an outcome.

Raena Burch: Yeah.

Jonathan Breeden: So the contentiousness is what drives up the cost.

Raena Burch: Yeah. And that is one thing I wanna say to people that anybody listening, you know, you’re hearing these numbers of $5,000, $6,000, $20,000, and you’re thinking, oh my god, that’s so much money. When you’re talking about a lawyer who, you know, anywhere from three to $600 an hour, it’s really not that many hours.

Jonathan Breeden: Correct.

Raena Burch: So you gotta think about, like, when you’re looking at that fixed fee and the flat fee, do you think it’s worth, you think it’s gonna take that if it’s, you think it’s gonna take more than that many hours? Who knows if it’s gonna take less, go with the other. Like, you kind of weigh your costs.

Jonathan Breeden: Well, you don’t know. I mean, the thing about fixed and flat fee is you know what that is going to cost.

Raena Burch: Yes.

Jonathan Breeden: Where people get confused. And what’s hard [00:12:00] for a lot of consumers of legal services, particularly in family law, the fixed fee for temporary custody, okay let’s say it’s $5,000. There might be seven more, $5,000 fixed fees for that case ends.

Raena Burch: Yeah.

Jonathan Breeden: So it ends up being 35. The hourly lawyer may have charged you only 20,000.

Raena Burch: Yeah.

Jonathan Breeden: By the hour. But you don’t know.

Raena Burch: You don’t know.

Jonathan Breeden: And so you start to take sort of the known thing versus the unknown thing. But ultimately. It’s, can you agree? Right, exactly. If you can just agree, it’s gonna be a lot less.

Raena Burch: Yes. Yes.

Have family law questions? Need guidance to navigate legal challenges? The compassionate team at Breeden Law Office is here to help. Visit us at www. breedenfirm. com for practical advice, resources, or to book a consultation. Remember, when life gets messy, you don’t have to face it alone.

Raena Burch: All right, so and then four, what are some practical ways people can keep their expenses under control [00:13:00] without hurting their case?

Jonathan Breeden: Well, the number one thing you can do to keep your expenses under control is get back to your communication with your attorney.

Raena Burch: Mm-hmm.

Jonathan Breeden: Do not send your an attorney an email every time you think of something.

Raena Burch: Yes.

Jonathan Breeden: Do not call your attorney every time you have a question.

Raena Burch: Yep.

Jonathan Breeden: Write it down. Make a list. Schedule a 15 minute call every week with your attorney. Make a list of things you want to email your attorney about and send a single email.

That kind of stuff is the easiest way to help keep the cost down, particularly in an hourly billing situation.

Raena Burch: Yes.

Jonathan Breeden: Because they’re gonna charge you for every single one of the communications.

Raena Burch: Mm-hmm.

Jonathan Breeden: Another thing is if you go get all the documents that they need, if you will go get the bank statements, get the credit card bills, get the mortgage payoffs, get the car stuff. Get the 401k statements. Get the IRA statements, get your statements from Edward Jones and stock trade or wherever you have it. If you can get all of that information and organize it and give it to them in an organized [00:14:00] fashion, you’re going to save a lot of money.

Raena Burch: Yeah.

Jonathan Breeden: Because they’re not gonna have to spend hours and hours and hours of paralegal time at 1 50, 2 50 $300 an hour, helping sort through it with the attorney at 3, 4, 5, $600 an hour.

So those are the two biggest things you can do to make it cheap and agree.

Raena Burch: Yes.

Jonathan Breeden: Just agree.

Raena Burch: Yes.

Jonathan Breeden: Not have to win every issue.

Raena Burch: Yep.

Jonathan Breeden: Not have to get the perfect outcome compromise. You do those three things, it’s gonna be a lot cheaper.

Raena Burch: Yes. Absolutely. All right. And the last question, based on your expertise, what do you think is a realistic range of what a divorce might cost on the more amicable side and then on the more contentious side?

Jonathan Breeden: Okay. Well if it’s amicable you know, and you can just come to an agreement and you don’t have a lot of property and stuff.

Raena Burch: Yeah.

Jonathan Breeden: I mean, you might can just do.

Raena Burch: Kind, just need a lawyer to help you write up everything.

Jonathan Breeden: Right. Right.

You might could just do the divorce without a separation agreement.

Raena Burch: Mm-hmm.

Jonathan Breeden: You know what I’m saying?

Raena Burch: Yeah.

Jonathan Breeden: And you know, and you do the voice yourself. If it’s just a divorce.

Raena Burch: Yeah.

Jonathan Breeden: You know, when we talk [00:15:00] about divorce, you know, in North Carolina everything’s bifurcated.

Raena Burch: Yeah.

Jonathan Breeden: And so the custody is not part of the divorce. Child support’s not part of the divorce. Property distribution is not part of the divorce. Animal is not part of the divorce, right? They’re their own separate claims in North Carolina and almost every other state. The divorce, get it. The divorce encompasses all of that. That is not the way it, this is North Carolina.

So if you don’t have any of that other stuff and you want to just be divorced and you’ve been separated a year and a day and you don’t have any property and all that stuff to be divided, or you just agree

Raena Burch: mm-hmm

Jonathan Breeden: then you might not need a lawyer at all.

Raena Burch: Yeah.

Jonathan Breeden: But if you’re gonna need an attorney, you know, you could probably get a separation agreement for anywhere from six to $10,000. You know, if you go talk to a law firm. And that’s a fairly reasonable price for that depending on which firm it is and whether it includes deeds and stuff like that. But, you know, so, that’s a fairly.

To me, an affordable way to get out out of, I know people are like, that’s a lot of money. It still is.

Raena Burch: Yes.

Jonathan Breeden: But you know, it’s still that kind of stuff. But yeah, I mean, but.

Raena Burch: One thing I wanna [00:16:00] add to that is that like one lawyer can only represent one client. So you can’t both go to the same lawyer and say, Hey, we wanna, we just need you to help write up a separation agreement. The lawyer will only be able to represent one of you, so.

Jonathan Breeden: Correct.

Raena Burch: So just keep that in mind. They can’t represent both of you, so you both need to go get one. Like. That that, yeah

Jonathan Breeden: right. Or trust the one, trust the information or be

Raena Burch: very trusting

Jonathan Breeden: trustful of the information you’re being given.

Raena Burch: Yes.

Jonathan Breeden: By the other side and their attorney.

Raena Burch: Yes,

Jonathan Breeden: that’s true. But I do think both parties should talk to a lawyer.

Raena Burch: I agree.

Jonathan Breeden: No, I think they should. They should. So, but, but I mean, that way, like it’s, it’s like it’s just trying to be amicable

Raena Burch: Yeah.

Jonathan Breeden: And in a very emotional situation.

Raena Burch: Mm-hmm.

Jonathan Breeden: And sort of look at it and divorce is very difficult and there’s no doubt about it, but people, they, they have to understand. The, at least the property and the money part is really like a business dissolving, right,

Raena Burch: that’s, that’s what I was gonna say. It’s not like a business agreement. It’s Right. It’s come at it like, that’s right. It’s a,

Jonathan Breeden: you’re dissolving a business. The business was, its marriage and whatever the [00:17:00] mass and the law is really gonna follow. Basically the equal.

Raena Burch: Yeah.

Jonathan Breeden: How to equally divide whatever this it’s marriage slash business came up with. It’s

Raena Burch: almost like an algorithm. You just put the numbers in and it spits out the

Jonathan Breeden: right, you gotta figure out what the numbers are. Right. Custody, that’s a whole nother game, right?

Raena Burch: Yeah.

Jonathan Breeden: But the courts are particularly in Wake County. You know, gonna lean heavily towards 50 50.

Raena Burch: Mm-hmm.

Jonathan Breeden: And Johnston, Harnett, they’re gonna lean towards shared physical, maybe not quite as much, 50 50 as you see in Wake, but, you know, know that both parties are gonna be involved.

Raena Burch: Yeah.

Jonathan Breeden: Both, both parties are gonna get a substantial time to parent their children unless there’s something majorly wrong.

Raena Burch: Yeah.

Jonathan Breeden: And you know, don’t go spend a bunch of money trying to keep the other parent from not seeing the child if they’re not a Drunk, Alcoholic, Unemployed.

Raena Burch: Drug addict.

Jonathan Breeden: Drug addict with mental health issues. They’re gonna get a lot of time with these kids.

Raena Burch: Yeah.

Jonathan Breeden: They should. They’re their kids and you know, you’re just wasting your money to try to keep them away from their children.

Raena Burch: Yep, yep. And everybody’s, you [00:18:00] know, I think, anyways, the courts try to give everybody an opportunity to.

Jonathan Breeden: Correct.

Raena Burch: To spend time with their children and get better to be able to spend time with their children if they need to go to rehab and whatnot. So, yeah, I would, yeah. Custody is a whole different ballgame.

Jonathan Breeden: Right, right.

Raena Burch: But as far as like the property distribution and stuff like that.

Jonathan Breeden: Right.

Raena Burch: It’s more of an algorithm.

Jonathan Breeden: Right. But if you wanna fight about all this stuff and people do.

Raena Burch: Yep.

Jonathan Breeden: I mean, you’re gonna spend 20 to $50,000 minimum, at least, I’m just being honest right now.

Like

Raena Burch: Yeah. Minimum.

Jonathan Breeden: Like it’s going to be, it’s enough money to send these kids to college, Raena. I mean it really.

Raena Burch: Multiple kids.

Jonathan Breeden: Right, it really is. And you’re not gonna get it back.

Raena Burch: No.

Jonathan Breeden: So, now if it’s a property case and somebody’s trying to cheat you out of a piece of property or cheat you out of, you’re part of a retirement account and there’s a lot of money involved. Okay, it’s worth it there.

Raena Burch: Yep.

Jonathan Breeden: But the vast majority of the time, that is not the situation and we’re just.

Raena Burch: Yep.

Jonathan Breeden: We’re just spending money.

Raena Burch: Yep. And I would act, argue, I’ve seen [00:19:00] cases with like child support where, you know, they want, they get maybe a hundred dollars more a month in child support, but the kid’s 16 and by the time they’re 18.

Jonathan Breeden: Right.

Raena Burch: The amount of money you paid a lawyer to go to your child support case doesn’t weigh, doesn’t equal out.

Jonathan Breeden: Right.

Raena Burch: By the amount of money you get by the end of the deal. So,

Jonathan Breeden: You’re right. You’re right.

Raena Burch: You’re gotta weigh those options and those pros and cons. And do the math. Do the math.

Jonathan Breeden: That’s true. That’s true. That’s true. And the emotional toil, because the other part is if you wanna fight about everything and it’s gonna drag out and cost you

Raena Burch: mm-hmm

Jonathan Breeden: 20 to $50,000. It’s gonna take two or three years.

Raena Burch: Oh, yeah.

Jonathan Breeden: Particularly in Wake County where you.

Raena Burch: Let’s say, especially in Wake County.

Jonathan Breeden: Where you can’t get court dates. And you really wanna just keep fighting and having it over your head and continuing to pay this lawyer more and more and more money when you could just agree and settle the case and everybody’s better off to moving along. There’s to the two things that we try to do the most here at the Breeden Law Office is we try to proactively communicate. We try to respond to all communication within 24 hours [00:20:00] and we try to get the case over.

Raena Burch: Yes.

Jonathan Breeden: And, and, and if that’s, those are our guiding lights.

Raena Burch: Mm-hmm.

Jonathan Breeden: Communicate with the client. And try to get it over as fast as possible.

Raena Burch: Yep.

Jonathan Breeden: In some cases just can’t be gotten over and we’ll have ’em for two or three years.

Raena Burch: Yeah.

Jonathan Breeden: And we’ll make a bunch of money, but nobody’s gonna win.

Raena Burch: No.

Jonathan Breeden: And and that’s not what we wanna see, but we’ll do it if we have to do it.

Raena Burch: Yeah. And one thing I’ve seen, you know, the lawyers here do is, is they will say though, like, you know, this is a good deal. Like this is, this is probably the best you’re gonna get.

And if you go to court, you lose all control. You have no control over it anymore.

Jonathan Breeden: Correct. You don’t know what that judge is gonna do.

Raena Burch: You have no idea what, how, how, you know, how you don’t know how that judge is feeling that day.

Jonathan Breeden: That’s true. That’s true. Well, we’d like to thank Raena Burch for coming on and asking me these questions on our special edition of The Best of Johnston County Podcast, we call Ask Jonathan Breeden anything. If there’s anything in this podcast that sparked your interest about cost of divorce, or how to keep your divorce down, cost down, or if you’re thinking about going through a divorce, reach out to us at the Breeden Law Office at BreedenFirm.com [00:21:00] or give us a call at 919-6614-970. Also, please like, follow, subscribe to this podcast wherever you see it, whether it be on Apple, Spotify, YouTube, TikTok, Instagram, or any of the other social media channels of Best of Johnston County. And if you’ll give us a five star review down below, it’ll be much appreciated. Until next time, I’m your host, Jonathan Breeden.

That’s the end of today’s episode of Best of Johnston County, a show brought to you by the trusted team at Breeden Law Office. We thank you for joining us today and we look forward to sharing more interesting facets of this community next week. Every story, every viewpoint adds another thread to the rich tapestry of Johnston County.

If the legal aspects highlighted raised some questions, help is just around the corner at www. breedenfirm. com.

Understanding How Divorce Lawyers Charge

One of the biggest sources of confusion in divorce is how attorneys structure their fees. Jonathan walks through the most common models, and the differences matter more than most people realize.

Hourly billing is still the most widely used approach. Clients typically deposit money into a trust account, and the attorney bills against it over time. Rates can range from $300 to $600 per hour depending on experience.

Then there are hybrid models, where a minimum fee is paid upfront, and hourly billing begins after that threshold is met.

Flat fees are exactly what they sound like. One price covers the entire case, no matter how long it takes. But what many people think is a flat fee is actually something different.

Fixed fees are charged by phase or task. Temporary custody, child support, mediation, trial. Each piece has its own price. That can create predictability, but it can also add up quickly if the case becomes complex.

As Jonathan explained, clarity matters here. Knowing what you are actually agreeing to can change your expectations entirely.

What a Retainer Really Means

Retainers are another area where people often get confused.

In some cases, a retainer is simply a fee paid to secure the attorney. It does not go toward the work itself. In others, it acts more like a deposit that is billed against as the case progresses.

There are also minimum fee retainers, where the firm guarantees a baseline amount for taking the case. Even if the work takes less time, that minimum is still earned.

The key takeaway is simple. Not all retainers are created equal. Understanding how yours works can prevent surprises later.

The Real Cost Driver: Conflict

When people ask what divorce costs, they are often expecting a number.

But the honest answer is this. It depends on how much you fight.

Jonathan was direct about it. The biggest factor in cost is how contentious the case becomes.

Every disagreement adds time. Every issue adds complexity. Custody, child support, alimony, property division. Each layer increases the workload and the cost.

And when communication breaks down, the process slows even more.

What could have been resolved through agreement turns into months or even years of legal work.

How to Keep Costs Under Control

There are practical ways to manage expenses without hurting your case.

One of the simplest is communication discipline. Instead of sending multiple emails or calling constantly, organize your thoughts. Create a list. Schedule a focused conversation.

That alone can significantly reduce billable time.

Preparation also matters. Gathering documents ahead of time, bank statements, retirement accounts, debts, and organizing them clearly saves hours of legal work.

But the most powerful cost-saving strategy is also the hardest.

Be willing to compromise.

As Jonathan put it, you do not have to win every issue.

What Divorce Might Actually Cost

There is a wide range depending on the situation.

On the more amicable side, where both parties agree and there are minimal assets, costs can be relatively low. In some cases, people may not even need an attorney for the divorce itself.

For those needing legal support, a separation agreement might fall somewhere in the range of six to ten thousand dollars.

But when conflict escalates, the numbers change quickly.

Contentious cases can climb to twenty, thirty, even fifty thousand dollars or more. And they often take years to resolve.

That is not just a financial cost. It is an emotional one too.

As the conversation highlighted, sometimes the money spent fighting could have gone toward something far more meaningful, like a child’s future.

Divorce as a Business Decision

One of the most powerful reframes in this episode is how to think about divorce.

At its core, the financial side of divorce is like dissolving a business.

You are dividing assets, liabilities, and responsibilities. The law follows a structure. In many ways, it is closer to math than emotion.

That does not make it easy. But it does make it clearer.

When you approach decisions with that mindset, it becomes easier to weigh the cost of fighting versus the value of resolution.

Closing Reflection

Divorce will never be simple. There is too much emotion, history, and uncertainty wrapped into it.

But this conversation brings something people rarely get during the process. Perspective.

The more you understand how costs work, what drives them, and where you have control, the more empowered you become to make better decisions.

Because in the end, the goal is not just to get through the divorce.

It is to move forward with clarity, stability, and the ability to rebuild.

Thank you for joining us for this episode of The Best of Johnston County Podcast. Stay tuned for more conversations that inspire connection and growth.

AND MORE TOPICS COVERED IN THE FULL INTERVIEW!!! You can check that out and subscribe to YouTube.

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