HOW TO KEEP YOUR LEGAL FEES DOWN IN A DIVORCE

The best way to reduce divorce costs is to avoid a trial. Most divorce attorneys will work to settle your case, but there are other approaches to consider. One approach I use is to hold off on filing the divorce petition in court while trying to work out an agreement. This is not always possible as the court process is often needed to gather financial information necessary for settlement. But holding off allows the parties to negotiate without the time and expense of court appearances and formalized filings.

Mediation is often a good option. In mediation, you and your spouse work with a neutral third-party mediator to reach an agreement. This process is particularly helpful to resolve issues relating to children which the courts are not well-suited to decide. Eliminating risk is always better than rolling the dice with the most important things in your life: your children, you home, your finances.  Mediation is also confidential so you will not be forced to air your dirty laundry in court which is a public place.  Another advantage of mediation is that you can come up with creative resolutions that a judge does not have the legal authority to order. If you and your spouse agree to something that is outside what the law provides because it works for you, mediation is the way to get it done.

If mediation is not successful and you are forced to go to court, another strategy I use is a judicial settlement conference. I ask the judge to set the unresolved issues for informal consideration at a time certain—either in person or via Zoom. The judge will be free of charge and will likely give you a good idea of what he/she would do if the case were to go to trial. Many of my cases are resolved this way, avoiding the high price and high stress of trial.

Some lawyers have one strategy - - to litigate everything. You should look for a lawyer who knows when to compromise and when to fight. When interviewing lawyers, ask about strategy and make sure you hire someone who moves the case along, encourages settlement, but is aggressive and ready to assert your rights. I am  a certified mediator and collaborative lawyer and a huge proponent of using these tools first. I also devise a game plan at the beginning of the representation and revisit it with you periodically as we proceed. Without direction and purpose, divorces can languish causing unnecessary stress and expense for everyone. 

It is not fair to judge a lawyer only by his/her hourly rate. Sometimes less expensive, less experienced lawyers end up costing you more because they are not as efficient in moving the case along.  Also, many less expensive lawyers do not have support staff who can take on the administrative aspects of divorce litigation, forcing you to pay a lawyer to do those tasks.

To that point, my view is that if a paralegal in my firm can draft something routine, I will have that professional do that task, of course with my supervision.  And if my associate attorney, whose hourly fee is less than mine, can handle a routine court appearance or drafting of court documents, I will engage her, saving you significant expense. Although I will always be the one leading your representation and making major decisions, I employ a team approach that is much more cost effective for you. 

Children’s issues aside, divorce is primarily a financial transaction, so the more you can do to keep your legal eagles from spending time amassing your financial records, the more you will save. Doing the gathering and organization of paperwork yourself -- preferably electronically--can save thousands of dollars in fees. 

Your attorney's time is money, so be judicious about how you use it. Email can be a time saver if you're clear and concise. While it may feel good to write an email that allows you to blow off steam, paying your lawyer to read that email may not be the best use of your limited resources. If you do need to call your lawyer, make sure it’s a scheduled call so that you are both prepared and focused on what has to be discussed. Have a list of questions ready and take notes during the call so you can refer back to them later.

No attorney should be involved in dividing up furniture and Tupperware! Neither should the court. In a divorce, personal items are valued by what they could be sold for on Craigslist, not what you paid for them.  So, unless it is a valuable antique or piece of artwork, you should not waste your attorney’s time with these issues. If you are fighting about a wall clock, it’s probably not about the clock. It is about emotions and anger.

Perhaps the most important thing to keep in mind is: Do not use your divorce attorney as a therapist. Therapists are not only more qualified, but they are also less expensive! While I am extremely happy to talk with you about your issues, I know that this can run up the bill unnecessarily.  

On a final note: I am very sensitive to my clients’ legal bills. I understand how devastating divorce fees can be to a family. That is why I stress to clients that there are efficient and amicable ways to resolve differences between you are your partner. On occasion, these strategies do not work. In that case, I recommend a litigation process that is efficient and cost effective.