Law office of David J. Howard, LLC: Frequently Asked Questions

How long will it take to get divorced?

The divorce process is started by one of the spouses filing a verified Petition for Dissolution of Marriage. Per Section 452.305 of the Missouri statutes at least 30 days must have elapsed since the filing of the Petition for Dissolution of marriage before a Judgment of Dissolution may be entered. The Supreme Court of the State of Missouri has promulgated goals for the disposition of cases. Rule 17.23 sets a goal of 50% of domestic relations cases disposed of within 4 months; 90% disposed of within 6 months and 95% disposed of within 14 months. How long in addition to the statutorily required 30 days a case will take to resolve is dependent on a number of factors. The primary factor is the complexity of the case and the number of issues involved in the case.

What is your "retainer" for a divorce?

My divorce clients do not pay a "retainer. My divorce clients pay a fee advance and cost advance. I place the fee advance and cost advance money in my lawyer trust account. The unearned money stays in my lawyer trust account until I earn the money by working on the case. If the divorce is completed prior to using the entire fee advance and cost advance my clients receive a refund of the unearned fee advance and cost advance. I determine the fee advance and cost advance that I will require on a case by case basis at the initial no charge consultation.

How much will my divorce cost?

It is nearly impossible to estimate the total cost of a divorce. There are many variables that factor in to how much attorney time will be spent in resolving a divorce either through trial or negotiated settlement. The primary variable is the complexity of the case and the number of issues involved in the case. In addition costs are dependent on the complexity of the case. for example, some cases may require additional costs for items including expert witnesses, subpoenas and depositions. This is why I have my clients pay a fee advance and cost advance and I refund the unused portion of the fee advance and cost advance at the conclusion of the case.

Will my spouse have to pay my attorney fees for my divorce?

Section 452.355 of the Missouri Statutes provides that the court after considering all the relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action, may order one spouse to pay a reasonable amount for the cost to the other spouse of maintaining or defending a divorce case. Therefore, it is possible under certain circumstances that one spouse will have to pay some or all of the other spouses attorney fees incurred.