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Declaring Your Independence on a Budget

Just like our nation's declaration of independence, divorce can be a necessary step towards freedom and self-determination. However, like that historical event, it comes with costs. Many people considering divorce are understandably concerned about the financial burden. While legal fees in divorce cases can be significant, there are effective strategies to manage and reduce these expenses.

 

1.  Negotiate and Compromise:

  • Self-Resolution: Attempt to resolve as many issues as possible on your own, with your spouse. This can be challenging due to the emotional nature of divorce, but it significantly reduces the need for costly litigation.
  • Agreed vs. Contested Divorce: An "agreed" divorce is considerably less expensive than a contested one.

2.  Choosing the Right Attorney:

  • Focus on Fairness: Consider whether you truly want a combative attorney. Family courts prioritize fairness and the best interests of children, not punishing a spouse. A less adversarial approach can always save you money.
  • Fact-Based Discussions: Maximize your time with your attorney by focusing on relevant facts, not emotional venting. Attorneys are not therapists - - and most of us wouldn't be very good ones even if we tried! Stick to legal issues with your attorney, and seek support from mental health professionals separately.

 

3.  Utilizing Mediation and Early Settlement Conferences:

  • Mediation's Value: Consider engaging a skilled mediator early in the process, perhaps even before your divorce case is filed in court. A neutral third party can often help you and your spouse reach agreements on issues where you were previously stuck. This is valuable emotionally and financially.
  • Benefits of Early Resolution: Mediation and similar processes often lead to faster resolutions and lower legal fees. Most cases don't need to stretch out for months and years.
  • Cooperative Outcomes: Mediation allows you to create a mutually agreeable outcome, rather than having a judge impose a decision. Mutual agreement usually fosters greater "buy-in" than a court-ordered outcome. And, they can provide a foundation for more successful co-parenting after the divorce wraps up.

 

4.  Realistic Expectations and Strategic Decision-Making:

  • Understanding the Court's Role: Family court judges focus on fair property division and the best interests of children, not punishment of your spouse/co-parent. If you want revenge or vindication, you're not likely to find it in a courtroom.
  • Cost-Benefit Analysis: Discuss likely outcomes with your attorney and evaluate whether pursuing a specific objective is worth the cost. Choose your battles wisely.

 

5.  Proactive Involvement and Efficient Communication: 

  • Helping Your Attorney: Reduce billable hours by handling tasks like preparing asset/debt inventories, financial disclosures, timelines, and assembling and organizing documents. 
  • Prepared Meetings and Calls: When contacting your attorney, have a clear purpose and a list of questions prepared. This makes the most of your time together.
  • Efficient Communication Methods: Use email for simple matters.  Direct non-legal questions to staff. Check your client portal for scheduling questions.  Carefully review documents to avoid unnecessary calls or visits.

 

Divorce legal fees are nearly always a concern, but they don't have to be overwhelming. By employing these strategies and working with a supportive attorney, you can manage costs effectively and declare your independence on budget

 

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice to any current or future client of Reed Law Group, PLC.