Archives for March 2019

Why Is Divorce So Expensive and Tips to Bring Down Cost

If you are considering divorce, you may be concerned about the financial impact the divorce will have on you and your family.  While some costs are unavoidable, this article will discuss some tips to consider to determine if they can help bring down the cost of the divorce in your particular case.

  1. Legal fees – keep them down through planning and organization and negotiation.

If both parties hire attorneys, legal fees can be significant.  Your attorney may charge a flat rate fee or the fee may be hourly.  The cost may be set or may be negotiable.  One way that my help lower the legal fees if for you to come in prepared and organized with clear objectives.  If you gather all the financial information into an organized manner and approach a potential attorney with that information, you may be able to reduce the bill by showing him or her that their time can be directed to advocating on your behalf as opposed to helping you gather or organize evidence.

  1. Adversarial – set reasonable goals.

An adversarial divorce may be out of your hands if your ex is one that wants to fight.  However, if you set reasonable and realistic goals for what you want to achieve then you may be able to keep these costs in check. This does not mean you shouldn’t fight for what is validly your right, but consult with your attorney to get a realistic view of what has been successful and typical in the past in order to set realistic and achievable expectations.

  1. Dragging out discovery – be prompt in responding to your attorney.

During the discovery phase, you will typically need to provide written responses to questions and provide requested documents.  By being prompt, thorough and organized in providing this information to your attorney, you can avoid costs if you attorney is charging you by the hour because he or she will not have to bill you to follow up.

  1. Going to court – consider mediation or settlement.

It’s not unusual for an initial reaction to divorce to be “I want my day in court!”  Emotions run high during divorce and a judge is perceived as an advocate who will right the wrongs that your ex has imposed on you.  In some cases trial might, in fact, be the right move.  However, if you are looking to minimize the financial impact of a divorce, then mediation or a settlement without mediation might be a more cost-effective process.  The decision is very personal to your case and depends on your goals and the reaction from your ex to alternative means of resolving disputes.

  1. Education – don’t be afraid to research, study and be informed.

In some cases, the high cost of a divorce can stem from the cost of education.  You may spend money on the wrong attorney.  It is not uncommon for a person to hire an attorney only to discover that the person you hired isn’t experienced or just doesn’t have the personality that works well with yours.  Do research. Talk to people. Find an attorney who has the experience and demeanor that works for you, so that you don’t get down the road with someone only to have to incur the additional expense of changing course and starting over with someone else.

The costs of a divorce can seem daunting, but with planning, preparation and information, you may be able to lessen the impact of the divorce process on your pocketbook.  If you need a highly effective and experienced family law attorney who will be mindful of your budget constraints, consider David Knecht Law, davidknechtlaw.com.

 

Filed Under: Divorce Lawyer

Divorce Mediation Tips

Many divorce cases are settled at the mediation phase.  This article will provide suggested tips to help you prepare for a successful mediation.

  1. Know the state of your finances.

Prior to attending the mediation you would be well advised to thoroughly review and understand the financial situation you had during the marriage and to predict your financial needs after the divorce if final.  This step is essential to help you achieve your financial goals for the mediation.

  1. If you have children, think through the best parenting plan for them and you.

Attending the mediation with a bit of an open mind to different parenting plan possibilities is a good idea, but it is also important to know what you believe would be ideal for you and your children.  Give some thought to their schedules, their preferences, their after-school activities, their religious worship preferences (if any), the kids’ relationship with grandparents and other extended family, etc.

  1. Let go of vengeance and think about what you want and need.

There is an old saying that you shouldn’t cut off your nose to spite your face. This applies in negotiations as well.  Some negotiators get caught up in wanting to appear firm, or say no, or generally shut down what the other party wants just for the sake of making that party dissatisfied.  This can be a self-defeating negotiating strategy.  One that is more commonly successful is to approach the problem by thinking of what you want and how to get it, rather than trying to punish the other party by depriving them of what they want.  Remember a win-win is better than a lose-lose.

  1. Consider your chances at trial.

In order to evaluate whether a mediation solution is acceptable, you need to have an idea of what the consequences will be if you don’t agree in mediation.  Talk to your attorney and find out the range of results at trial.  No attorney has a crystal ball, so they can’t tell you what will happen, but they can give you an idea of what the results have been in similar cases.  Understanding the consequences of not settling will help you make a more informed decision about whether the settlement proposed is right for you.

  1. Use your knowledge about your ex-spouse to your advantage.

Nobody knows your ex as well as you do.  If you can think about what will persuade him/her, then you can use that knowledge to your advantage.  Before you go into the mediation, think about the “cards” in your hand, and decide how to play those cards.  Help your attorney understand what your ex’s hot buttons will be. 

A mediation can be many things:  for some, it is a grueling experience, for others it is a short pain on the path to closure and healing.  Regardless of the type of mediation you can expect, preparation and mindfulness in preparing for the mediation will generally improve the outcome.

 

 

Filed Under: General