What Is Paid as Litigation Costs in a Divorce Case?

Most people considering filing for divorce first wonder about the attorney fee, yet with the transfer of the file to the court there is a further category of expense that is entirely independent of the attorney fee: litigation costs. Ranging from the court filing fee to service expenses, and from the expert fee to the site inspection cost, these items differ greatly depending on whether the case is uncontested or contested.

In this article we step outside the question "how much will I pay my attorney" and focus on the question "which items are paid to the court and to the state." We address, in turn, what each expense is charged for, who bears it, and at which stage of the proceedings it arises.

What Is the Difference Between Litigation Costs and the Attorney Fee?

Litigation costs cover the official expenses paid to the court, to the expert, or for service procedures so that the case can be heard. The attorney fee, on the other hand, is the subject of a separate contract that the party enters into with their own attorney, and its minimum threshold is set by the statutory tariff. In other words, litigation costs are paid to the state/court system, whereas the attorney fee is paid to counsel; the two arise in different accounts and at different times.

When the statement of claim is being prepared, it is important not to confuse these two items, because overlooking litigation costs while budgeting on the basis of the attorney fee alone can create an unexpected financial burden. In practice, the claimant deposits a certain amount as a cost advance when the case is filed, and deductions are made from this advance as the file progresses. When the advance is exhausted, the court registry grants the party additional time for a further deposit, and this process directly affects the course of the file.

Clarifying this distinction from the outset is important in order not to face the question "why am I paying this money" at later stages of the process. Especially in contested files, spreading the costs over time also reduces the impression that a large sum is being paid all at once.

When and How Is the Court Filing Fee Paid?

The court filing fee is the fundamental cost item that must be paid together with the petition so that the divorce case can be entered into the court registry. The amount of the fee is determined according to the statutory tariff that is updated each year and consists of sub-items such as the application fee and the advance fee. While the fee item generally remains more limited in an uncontested divorce, in a contested divorce the addition of further claims such as alimony, compensation, or division of property also affects the fee calculation.

The case file is not processed until the fee is paid; for this reason, when the preparation of the petition is complete, the fee item must also be deposited in full. If the fee is deposited incompletely, the court registry grants time for completion, which may delay the initial examination of the file. At the end of the case, the party who is unsuccessful, as a rule, also bears the fees and costs paid by the opposing party; this matter is stated separately in the judgment.

In addition to the fee, if the statement of claim contains more than one claim (for example, if material and moral compensation and division of property are also sought together with the divorce), each claim may be subject to a separate fee calculation of its own. For this reason, as the scope of the petition widens, the fee item likewise grows in parallel.

What Do Service and Postal Costs Cover?

Service costs cover the postal and postal-service expenses required to deliver the statement of claim, the hearing summons, and interim decisions to the opposing party, to witnesses, or to the relevant institutions through official channels. As the number of parties increases, for example when a witness must be heard within the case or a letter of request must be written to a third institution, service costs multiply in parallel.

If the opposing party's address is unknown or if service is returned undelivered several times, service by public announcement may be resorted to; in this case the newspaper announcement charge is also added to the cost advance. Although service costs may appear to be small items, in cases with a large number of documents they can, in total, reach a considerable amount. The physical assembly of the file, the reproduction of documents, and the making of copies are also small, constantly recurring expenses assessed under this heading.

If the file is carried to the appellate (istinaf) or cassation (temyiz) stage, a separate fee and postal cost also arise for these higher courts; for this reason it must be taken into account from the outset that the process may not remain limited to the court of first instance alone.

Who Pays the Expert and Social Investigation Fee?

On matters such as custody, personal contact with the child, or the liquidation of the property regime, when the court needs an expert opinion, it may request an expert examination or a social investigation report. The cost of this examination is deposited in advance by the party requesting the procedure, or by the parties in the proportion determined by the court. A social investigation is generally requested for the purpose of assessing the best interests of the child and is carried out by an expert pedagogue or social worker.

In cases where the liquidation of the property regime is sought, a financial expert prepares a report by calculating the value of the property acquired by the parties and their contribution ratios. The expert fee varies according to the scope of the examination and the number of areas of expertise required; in files where more than one expert must be appointed, this cost item likewise increases proportionally. The process generally proceeds in the following order:

• Assignment decision. The court issues an interim decision setting out the subject on which the examination is to be conducted and the time frame.
• Deposit of the fee. The party or the parties deposit the determined expert fee into the cost advance account within the prescribed time.
• Examination and report. The expert conducts an examination on the file or on site and submits a written report to the court.
• Objection to the report. If one of the parties objects to the report, a supplementary report or a new expert process may come onto the agenda, which gives rise to additional cost.

In some files more than one expert is assigned simultaneously; for example, both a financial and a social investigation may be requested at the same time. In this case a separate fee is calculated for each area of expertise and is reflected separately in the cost advance.

In Which Situations Is a Site Inspection Required?

A site inspection is an examination conducted by the court or the assigned expert at the place where the immovable property or item in dispute is located. In divorce cases, a site inspection generally comes onto the agenda when the division of property or the ownership of household goods is disputed. For the site inspection, the on-site examination by the judge, the expert, and the court clerk is organized; this gives rise to a separate travel and time expense.

The site inspection cost varies according to the distance of the place where the examination is to be conducted and the number of persons assigned. In practice, a site inspection is not carried out in every file; it is generally resorted to when there is a concrete dispute over ownership or value between the parties. When a site inspection decision is issued, the additional advance requested from the parties is demanded on top of the cost advance previously deposited, and if it is not deposited within the prescribed time, the site inspection may be postponed.

How Do Costs Differ in Uncontested and Contested Divorce?

In an uncontested divorce, since the parties have reached agreement on alimony, custody, and the division of property, the need for an expert or a site inspection generally does not arise in the file; this keeps the total litigation cost largely limited. In a file concluded at a single hearing, since the number of services is also low, the cost items are, as a rule, limited to the court fee and modest postal expenses.

In a contested divorce, however, depending on the subject of the dispute, one or more expert examinations, a social investigation report, and sometimes a site inspection may be required, and the cost items therefore become more varied. The increase in the number of hearings, the hearing of witnesses, and the submission of additional petitions also enlarge the service and file expenses in the contested process.

For this reason, exploring the ground for agreement at the start of the process can be regarded as a choice that affects not only the duration but also the total cost. If even a partial agreement can be reached between the parties, for example if custody is agreed upon and only the division of property is left contested, the number of experts and hearings that will be required may likewise decrease in parallel.

Who Ultimately Pays the Litigation Costs?

When the case is concluded, the court also addresses in the operative part of the judgment how the litigation costs incurred are to be apportioned between the parties. As a rule, the costs and the fee are awarded in favor of the party who prevails in the case and against the party who is unsuccessful; if one of the parties is found to be partly in the right and partly in the wrong, the costs are apportioned proportionally. In an uncontested divorce, on the other hand, the parties generally determine for themselves in the protocol how these costs are to be shared.

If more than one claim, such as alimony, compensation, or division of property, is included in the same petition together with the divorce, the court may make a separate assessment of merit with respect to each claim. In this case the apportionment of costs may also be calculated not on a single ratio but on a claim-by-claim basis; for example, the party who prevails in the divorce claim may be found partly unsuccessful in the division-of-property claim.

The unused portion of the deposited cost advance is refunded to the relevant party at the end of the case. For this reason, it should not be assumed that the entire amount deposited at the outset will be spent; it should be known that, depending on the course of the file, the balance may be refunded. The refund is generally carried out by the court cashier upon the application of the relevant party after the judgment becomes final.

How Is the Attorney Fee Separated from the Litigation Costs?

Apart from the items described above, there is also the attorney fee (Anwaltshonorar in general legal usage) that the party pays to their own attorney; this fee is determined by the contract between the party and the attorney, and its lower limit is indicated in the statutory tariff. Litigation costs are paid to the court/state, whereas the attorney fee is paid directly to the attorney, and the amount shown under the heading "litigation costs" in the judgment refers not to the attorney fee but to the fee and expense items. Keeping this distinction clear prevents confusion in budget planning.

At the end of the case, the party who is unsuccessful may, as a rule, be required to bear a certain portion of the attorney fee that the opposing party paid to their attorney as well; this matter too is assessed in the judgment together with the litigation costs. As İzmir Avukatım, we explain to our clients in detail at the start of the process which cost items they may encounter according to the concrete situation of the file.

What Happens If the Cost Advance Falls Short?

If an unforeseen procedure such as an expert examination, a site inspection, or additional service becomes necessary during the case, the court grants the party time to deposit an additional cost advance. If the additional advance is not deposited within this time, the relevant procedure may not be carried out, and this situation may affect the course of the file; in some cases the requested procedure may be deemed to have been abandoned. For this reason, it is important to follow up on the additional advance requests that will come from the court during the case.

For parties whose economic situation is not sufficient to meet the litigation costs, the institution of legal aid exists; in this case the court may grant a temporary exemption from the fees and costs. The request for legal aid must be supported by a separate petition and by documents demonstrating the financial situation.

Which Documents Should Be Prepared at the Start of the Process?

Before the case is filed, a copy of the population registry record, any title deed and bank records relating to the property regime, documents demonstrating the income situation, and other evidence supporting the claims should be gathered. Preparing the documents in full contributes indirectly to keeping the litigation costs limited by reducing the need for an additional expert or repeated service during the case.

Especially if division of property is to be sought, compiling immovable and vehicle records, bank account movements, and any loan/debt documents in advance helps the expert examination to be completed in a shorter time. For couples with a child, on the other hand, keeping information on the school, health, and daily care arrangement ready can speed up the social investigation process.

With our clients who request a preliminary meeting via the line 0553 595 67 82, we review together the document list specific to the file and the possible expense items. This preliminary assessment, carried out at our office in Konak/İzmir, makes it easier to foresee in advance at which stages of the process additional costs may arise.

Presenting the documents as an orderly file not only makes the court's work easier but may also contribute to reducing the number of hearings; this, too, produces a favorable effect in terms of both time and cost. Establishing an orderly file from the outset also makes the general flow of the process predictable in practice.