Often times the cost of a divorce is out of your hands, unless you're willing to just give your spouse whatever he/she wants, which usually isn't the case. But the bottom line is the cost of a divorce often depends on how ugly it gets, and since it takes two people to cooperate or settle, it's not always up to you. But there are a few things that you can do in order to keep costs down. Being able to recognize and avoid behavior that might add to your expenses is key in driving costs down. Here are a few suggestions of things you can do to lower costs on your divorce.
Have Clear objectives
It is important that you set clear objectives when planning or initiating your divorce. If you don't have objectives in mind then there is a very good chance you are going spend money "spinning your wheels." If your objectives are unclear then you might spend money fighting over an issue that you ultimately realize you don't care that much about. Having a clear & concise idea of what you are wanting to accomplish could end up saving you a lot of money.
It is a good idea to talk to your attorney about your objectives. A good, experienced divorce attorney will be able to tell you what objectives are realistic, and maybe counsel you to come down from certain objectives. Beware the divorce attorney that tells you you're going to get everything you want in order to get your signature on the retainer agreement, you want an attorney that shoots straight and is willing to tell you things that you might not want to hear. Having a discussion with an experienced attorney about your objectives and if those objectives are realistic will go a long way in saving you money and reduce the chances of unnecessary litigation.
Avoid becoming overly involved in your case
Now don't take this the wrong way. Obviously you want to be heavily involved in your case, and you should be in constant communication with your divorce attorney. However, sometimes a client will spend hours researching his or her case and the relevant (or irrelevant) divorce laws. Obviously the client wants his/her work to reviewed by the attorney, and more often than not its either irrelevant to his/her case or information the attorney already knows, or should know. If your divorce attorney needs research help from you, then he/she is probably not the experienced attorney that you want representing you in your divorce. It's okay to question your attorney, and even quiz him/her a little, but try not to do your attorney's job, in the end it usually just takes more time/money.
In addition, involving yourself in the case to the point of micromanaging your attorney can be counterproductive as well. If your divorce attorney is constantly having to answer to you or explain things that are not important to the success of your case (such as rules of procedure that he needs to know, but you don't), inevitably this is going to cost you more money because your attorney is going to be spending extra time "dealing" with you.
Finally, it is not uncommon for two people to have different ideas as to how certain things should be approached, or what wording should be used. If your divorce attorney sends you a pleading, and even though it is written well, and the points come across correctly, you would have written it differently, try to avoid re-writing it just because of personal preference. Obviously if you send it back and the attorney has to make changes that have no effect on the outcome of the hearing or case, that is going to be additional money spent for the extra time he/she spends on the pleading. Often times your attorney words things a specific way due to the court rules of even professional conduct.
Now some attorneys are not perfect, so if you receive a pleading and the point you want to make does not come across clearly, then you'll definitely want to talk to your divorce attorney about it. It may be he/she didn't quite understand the information you gave him/her.
In addition, involving yourself in the case to the point of micromanaging your attorney can be counterproductive as well. If your divorce attorney is constantly having to answer to you or explain things that are not important to the success of your case (such as rules of procedure that he needs to know, but you don't), inevitably this is going to cost you more money because your attorney is going to be spending extra time "dealing" with you.
Finally, it is not uncommon for two people to have different ideas as to how certain things should be approached, or what wording should be used. If your divorce attorney sends you a pleading, and even though it is written well, and the points come across correctly, you would have written it differently, try to avoid re-writing it just because of personal preference. Obviously if you send it back and the attorney has to make changes that have no effect on the outcome of the hearing or case, that is going to be additional money spent for the extra time he/she spends on the pleading. Often times your attorney words things a specific way due to the court rules of even professional conduct.
Now some attorneys are not perfect, so if you receive a pleading and the point you want to make does not come across clearly, then you'll definitely want to talk to your divorce attorney about it. It may be he/she didn't quite understand the information you gave him/her.
Try not to use your divorce attorney as a therapist
Divorces are emotional by nature, and it is very easy to vent to your divorce attorney, complain about everything your spouse did while you were married, or how you feel about him/her now. To some degree this is unavoidable but the less you do it the more money you'll save.
If you've been reading some of my blogs, then you know that like it or not, at times I've had to assume the role of a therapist. I'm happy to give advice based on my experiences and perceptions, but I always remind my client that I am a legal counselor, not a mental counselor. But besides receiving potentially bad marital or personal advice that has nothing to do with the law, you'll also be paying me for that bad advice because if I'm spending time on your case, I'm generally billing. So before initiating these kinds of conversations with your divorce attorney, be sure the communication contains worthwhile information that your attorney can actually use to help you and your case.
If you've been reading some of my blogs, then you know that like it or not, at times I've had to assume the role of a therapist. I'm happy to give advice based on my experiences and perceptions, but I always remind my client that I am a legal counselor, not a mental counselor. But besides receiving potentially bad marital or personal advice that has nothing to do with the law, you'll also be paying me for that bad advice because if I'm spending time on your case, I'm generally billing. So before initiating these kinds of conversations with your divorce attorney, be sure the communication contains worthwhile information that your attorney can actually use to help you and your case.
Don't expect too much from the courts
Utah courts are bound by Utah law. They do not have the flexibility to meet in the middle. Plus they usually don't know what the parties might consider fair. Maybe the trinket given to you by your grandmother is worth more to you than the car. Since the court is unaware of this it could end up giving your spouse both.
It is very rare for either party to be completely happy after a trial. A good divorce attorney can ensure that you get what you're entitled to, but its always going to go both ways. You are usually better off settling the case in mediation, or through your attorneys. When a judge makes a decision it is rarely win-win. Talk to your divorce attorney, he/she should be able to give you at least an idea of what you can expect in court, and whether it's worth going to trial. If your spouse is not budging on important issues and your attorney believes you'll get more at trial then settling on his/her terms, then that is something you should know.
Call Pearson Law Firm for a free consultation with an experienced Utah divorce attorney. Your attorney has the knowledge and experience to give you educated recommendations as to how to proceed with your divorce, if its worth going to trial, and how to avoid unnecessary legal fees. Call today! 801-888-0991
It is very rare for either party to be completely happy after a trial. A good divorce attorney can ensure that you get what you're entitled to, but its always going to go both ways. You are usually better off settling the case in mediation, or through your attorneys. When a judge makes a decision it is rarely win-win. Talk to your divorce attorney, he/she should be able to give you at least an idea of what you can expect in court, and whether it's worth going to trial. If your spouse is not budging on important issues and your attorney believes you'll get more at trial then settling on his/her terms, then that is something you should know.
Call Pearson Law Firm for a free consultation with an experienced Utah divorce attorney. Your attorney has the knowledge and experience to give you educated recommendations as to how to proceed with your divorce, if its worth going to trial, and how to avoid unnecessary legal fees. Call today! 801-888-0991