What to do when it's time to divorce
The Costs of Divorce and How to Lower Them
The legal aspects of preparing for divorce can be daunting for most of us. There is inrformation to gather, forms to complete and the decision to make whether or not to retain an attorney, the biggest expense of all. This article gives you a general overview of what to expect and 6 simple tips for keeping your attorney fees as low as possible.
When It's time for divorce
Deciding when to divorce is a painful decision that affects more than the two people who are ending their marriage. When it comes to divorce, there are children, extended family, mutual friends, and even business partners to consider since they can all be affected by your relationship breakdown.
People decide to divorce for many different reasons ranging from irreconcialable differences through to trying to establish fault so that they can secure advantage through litigation (often in regard to child custody).
There is never an easy time to divorce, and it is an emotionally distressing time for everyone who is involved in it. But if you've done all you can to save your marriage but still think that divorce is imminent, you need to start planning - now.
You have documentation to gather and divorce forms to complete.
Divorce is the dissolution of a legal arrangement. Once you decide when to divorce, you will undergo proceedings for ending a joint relationship, dividing assets, and possibly deciding custodial issues and spousal support.
Each state has different laws related to divorce, so it's always advisable to first check the divorce requirements specific to the state in which you reside. Note that many states have residency requirements too, so make sure you meet those requirements before proceeding.
Which divorce forms to complete?
When it's time for divorce you or your attorney will spend considerable time completing a number of different divorce forms. Which divorce forms you complete will again depend on your state's requirements but will also depend on whether or not children are involved, whether the divorce is uncontested or contested and to some extent it will also depend on the number and type of assets and financial arrangements involved.
To begin with, you'll need a copy of your marriage license.
You should also begin gathering copies of every financial statement you can find. You want to have a record of current bank balances, retirement fund balances icluding IRA's and 401K's, college funds, stock, bond and mutual fund accounts, real estate holdings, cars and other assets, and anything else that falls into the category of finances - both yours, your spouse's and those held jointly.
You'll need some or all of this information when you complete the necessary divorce forms and you don't want to go looking for this documentation later on. You'd be amazed at how frequently important documentation is suddenly "lost" or otherwise unavailable. Once you have gathered the necessary paperwork, keep it somewhere safe that is accessible only by you. A safe deposit box is one good option but you could also keep the documents tucked away where you work.
Consider Closing Joint Accounts
When it's time to divorce, consider closing any accounts you hold jointly with your spouse, especially credit card accounts. That way, you won't be responsible for any charges made by your spouse on credit accounts that also bear your name. Joint bank accounts should also be closed and the funds moved somewhere where they can be accounted for. Again, various divorce forms will want an accurate accounting of these funds.
Once you decide when to divorce you will, at a minimum, most likely have to fill out the following divorce forms: Petition for the Dissolution of Marriage; a Financial Affidavit; a Uniform Child Custody Justification and Enforcement Affidavit (when children are involved); and a Marital Settlement Agreement for Dissolution of Marriage.
Remember, deciding when to divorce is difficult. If you don't feel capable of handling the details and completing the divorce forms, you've got to enlist the help of others such as an attorney.
Even if your divorce is uncontested (in other words, your partner will not oppose it), it is advisable to engage the services of an attorney. There is much to think about when it comes to divorce, for example, property and asset dividions, Order of Protection and/or child support, and so on.
Hiring a Divorce Attorney
You don't have to engage an attorney to handle family law matters. In fact, in California, 65% of uncontested divorces are unrepresented litigants. If you have a large sum of money (such as pension or income) or you have substantial property assets it is advisable to consult an attorney prior to signing any final agreement.
While family mediation is often handled without attorneys, many parties retain an attorney to review the draft of the Marriage Settlement Agreement. You can save on attorney fees by retaining an attorney that provides you with discreet services when needed and handling the rest of the paperwork yourself.
Choose an attorney with experience in family law. A commercial lawyer will be good at explaining company structures but will be unhelpful with regard to divorce matters since they have little understanding of family law. Look for a law firm through friends and family recommendations, or one that limits their practice to family law or is well-known as a firm that assumes pro bono cases in family law.
Never hire an attorney without written agreement, especially relating to their fees (called a retainer agreement) and make absolutely sure that you understand all of its terms. When the bill arrives, make sure it's a detailed record of charges rather than a simple statement such as "fees for services provided".
Just because you have engaged an attorney, you too have a job to do. Your attorney cannot do everything for you and you will need to make decisions regarding how you want your case to proceed.
How much does a divorce attorney cost?
Legal costs will vary depending on how much your legal team charge (usually per hour) and how much time is involved in completing your case. If you pursue litigation, you should expect to significantly increase the costs.
Attorneys typically charge a retainer and an hourly rate (which may be billed in 15 minute increments).
Some law firms charge fixed fees for certain services so that helps you to budget what it will potentially cost. A typical divorce case takes time to complete - conferences are held, financial and asset information information is collected and property divsion and support recommendations are drawn up. After this, settlement negotiations are entered into and final settlements are drawn up and filed. If you go to court, the court can order one partner to pay the entire legal fees for the other - especially if there is only one breadwinner in the family.
The courts get particularly annoyed by legal actions brought upon one spouse that it deems frivolous or unworthy of court time, or those actions driven by self-motivated silliness. You must pick your battles carefully and prepare with your legal team.
generally speaking, attorneys cost about $5000 per spouse and the average cost of a divorce in urban areas is almost $20,000 per spouse.
How Much Does Court Cost?
The cost of court starts at about $55 if the case is uncontested (in other words, the case is without dispute). It can climb to $1000 or much higher is investigations are involved.
What Other Costs Are Involved?
One of the biggest costs when it's time to divorce is your time. Your attorney will ask you to supply a lot of information including bank account numbers, mortgage companies, local numbers, and much more. And they will ask you to complete the forms fairly quickly.
Expect to take time from work to be able to meet with relevant people since their availability may clash with your work schedule. Also, waiting for your turn in court can result in lost wages.
6 Tips: How To Save On Legal Fees
1. Understand upfront what fees are incurred and how they are billed, and get this in writing. Does your attorney charge in 15 minute increments or some other method? How much is the retainer? Make sure you get detailed monthly accounts so that you can keep track of your expenditure.
2. Ask your family, friends and colleagues for recommendations for a good attorney. Look to engage an organized attorney, one that you don't have to run around after or pester to return your phone calls. Avoid attorneys that stall processes, enter into long debate or provide long, unclear bills for their services.
3. Stick to the issues and don't talk about things that aren't important. All the talking starts to become very expensive. Your attorney is not a grief counselor so don't use them to counsel you emotionally or tell them in great length that your partner is a moron. It serves no positive purpose except to increase the size of your legal bill.
4. Keep notes of what is discussed so you don't have to keep checking back with your attorney. Write down questions you have, store them up and then ask them all at once rather than continually picking up the telephone.
5. Ask your attorney for ways that you can save on their costs. Is there research you can perform for them? Are there forms that you can complete? You can do your own discovery (the pretrial disclosure of facts such as financial information and assets (including hidden assets)) rather than relying on your attorney to complete it.
6. Consider hiring a mediator who is trained in helping you and your spouse reach agreement. The mediator might be cheaper than two attorneys and is a much less adversarial process than court.
When to divorce: Final Thoughts
The biggest expense when it comes to divorce is usually the attorney's fees.
Handling your divorce without an attorney is a simple strategy to save on these costs and it's worth considering if your divorce is straightforward (for example, little or no property, no children or you have agreement with custody, and both spouses are unwilling to incur large legal bills). Your attorney fees rise dramatically if your situation is complicated.
If though your divorce includes large property and asset division, complex financials or military pensions and benefits, even jointly owned business interests or assets that are difficult to value, you would be better served with an attorney, despite the cost of the services rendered.
The role of the attorney is to argue for a fair outcome on behalf of his or her client and you want to ensure that you get a fair deal.
Fiona Mackenzie is the author of How To Know: When To Separate, a practical eBook that deals with the relationship topic of how to know when it is over. How To Know: When To Separate includes tips, strategies and techniques used by the author to manage the end of her relationship and learn how to be happy once more.
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