Cheap Divorce: A contradiction in terms
Even before the recent economic downturn, people have always been looking for ways to dissolve their marriages without dissipating their assets. The more you pay your lawyer, the less is leftover for your future support and for your children. It just makes sense to economize.
Beware of Kits
There is no such thing as a “cheap divorce.” Beware of ads for so-called divorce kits or do-it-yourself projects. Even self-representing litigants are expected to understand the nuances and technicalities of the Rules of Court in New Jersey, and a mistake in procedure can mean dismissal of your case. Kits don’t prepare you for these pitfalls.
Low fees – hidden extras
Also beware of ads from lawyers who promise a low, flat fee for an uncontested divorce. Read the small print: the price usually doesn’t include a written settlement agreement – so although you may get divorced, you won’t have anything in writing confirming the terms of your settlement. You can’t afford to skimp regarding your children, your assets and your debts.
Another hidden extra is filing fees and costs. The court fee to file a divorce complaint is currently $250, plus additional fees for serving the summons, parenting education classes and, if necessary, motions. You must reimburse your lawyer for laying out these fees and costs.
Most reputable divorce lawyers in New Jersey bill by the hour plus disbursements, and they won’t take a case for a flat or fixed fee because there is no way to tell in advance how much time it will take to resolve your Family Law case.
Tips to Keep Costs Down
Here are 10 things you can do to keep costs down during your divorce:
- Chose the right lawyer. If you don’t understand what your lawyer is saying, you will waste time and money. Find a lawyer who communicates issues clearly and succinctly. Easier said than done? Follow your gut instincts during the initial consultation. If you don’t walk away with a feeling of trust and a basic understanding of the issues in your case, perhaps you should keep looking.
- Be prepared. Before any telephone conversation or meeting with your lawyer, have an idea what you want to accomplish. Jot down notes if necessary. Rambling on takes more time – and time is money. Also, you won’t forget the important details. If your lawyer has a website, use the glossary or FAQ section to find answers before you call on the phone.
- Do the leg work. When your lawyer asks you for factual information (for example, answering written interrogatory questions from the adversary), you drive up the cost if you hand your lawyer a pile of bank records or other documents and say, “it’s in there somewhere.” You are making your lawyer look up information that you can find a lot faster. If you are busy and don’t have the time, that’s OK too, but understand the expense involved.
- Use support groups for the emotional component. Remember, when you complain about your spouse to your lawyer, you are paying by the hour. When you vent to your mother, it’s free. Sure, you may need to tell your lawyer some of the ugly details, but remember the cost. Even a therapist is less expensive than a lawyer, and more equipped to give you helpful advice on matters of the heart. You can also try exercise, yoga, meditation or prayer to help relieve tension. Do whatever works for you.
- Read all documents carefully and calmly. You will receive a lot of correspondence, pleadings and other documents in the course of the divorce. They are not easy to understand. Don’t jump to conclusions before digesting the entire document. Read everything a few times, in a quiet place with few distractions. Calling your lawyer in a fit of rage after reading your spouse’s settlement proposal can be a huge waste of money if your anger stems from a simple misunderstanding over what you read. Count to ten, read it again, write down your questions, and then call.
- Play by the rules. Tensions run high between spouses in a divorce. Make sure you understand all pending support orders so you don’t intentionally miss a deadline or violate an order. Be careful not to say the first thing that comes to your mind and never, never commit an act of domestic violence. The consequences can be grave and expensive, because you will need a separate trial.
- Watch the clock. It is easy to ramble while talking on the phone. Your lawyer’s phone has a clock built in for billing purposes. If yours doesn’t, keep an eye on your watch. The billing unit increases every 6 minutes to the next level: for example, whether it is 7 minutes or 11 minutes, you are billed for .2 of an hour.
- Review your bills carefully. Typographical errors are costly: a decimal point can mean the difference between 6 minutes (.1) and an hour (1.0)! Ask questions for monthly bills, so you get an idea of how much you are spending.
- Request an estimate. Once the issues are defined, you can ask your lawyer for an estimate. Periodic estimates of the cost to complete your case can be a helpful tool in negotiating a settlement with your spouse. Why fight over a 401K plan worth $10,000 if it will cost $20,000 to go to trial?
- Be reasonable. Nobody gets everything they want in life, and especially not in a divorce. But you shouldn’t cave in on important issues. Make a list of your priorities and have a clear idea of what is negotiable and what is not. Bear in mind that the more you fight, the more expensive it will be. Be willing to compromise and keep an open mind. Judges often say that if both parties believe they lost something at the end, it is a fair resolution of the case.
If you follow these tips, you won’t get a “cheap” divorce, but you can get the most for your money.