Divorce is not easy at the best of times. But it can be especially difficult when enormous legal bills add to the usually stress and strain. Here are some tips we recommend that you consider to keep your legal bills manageable.
1. Is a lawyer really necessary? Often the answer is “yes”. Where else can you go to find out what your legal rights and responsibilities are? But after you get the answers to your questions if may be possible for you to take care of the remainder of your divorce by yourself – possibly with just a little help.
The vast majority of divorce cases are uncontested – the spouses have agreed on the terms of divorce. The relationship is over and needs legal closure. You cannot expect the court office to prepare your paperwork for you but there are some affordable alternatives to law firms.
One is a do-it-yourself divorce kit. You can buy one of these for about $30 at most bookstores or office supply stores. They give you the basic information you need along with the blank forms you will need to fill out. It will still take some time to read through and figure out what they are telling you to do but it has the advantage of being the cheapest possible option.
An easier alternative is a little more costly, between $200 and $300, but still much cheaper than hiring a lawyer. The Internet has several divorce document preparation services which will send you all the forms you need, already completed and ready for you to sign. You just follow the instructions they provide to file the forms with the court office. Yes, this is more expensive than the kits but much easier and will still save you a great deal compared with hiring a law firm.
2. Try mediating instead of litigating. If you are among the 10% or so who have not been able to agree with your spouse on the terms of your divorce, before your lawyers start scrapping hire a mediator. A mediator is a specialist in assisted negotiation who will help you and your spouse come to an agreement on those touchy issues that you have not been able to resolve on your own. Mediation is successful in resolving the majority of disputes and can change your divorce from a courtroom contest into a far less expensive paper shuffle.
Mediation is going to cost you a few thousand dollars so you have to keep the alternative in mind. Sure, if you and your spouse can settle matters without a mediator then that is the way to go. But if the alternative is a court room battle you will both by out tens of thousands of dollars. If you can spend a couple of thousand and avoid this through mediation then the choice is obvious.
3. Free initial consultations are often offered by lawyers looking for your business. Before booking an appointment with a lawyer make sure the first 30 minutes or so will be free or else call someone else. It may be that after getting some preliminary information you will find that you won’t need a lawyer to handle your divorce and you can try one of the cheaper alternatives.
4. Understand how a lawyer’s bill is calculated. If the hourly rate is $200 then for every message you leave or brief conversation you have you will be billed at least $20. Each time you are tempted to call your lawyer and ask how things are progressing, take out a $20 bill and say goodbye to it – you might reconsider. A better idea is to arrange at the beginning to have copies of all letters written or received by your lawyer forwarded to you. You will still be billed for these copies but they will let you keep tabs on what is happening with your file without incurring any more fees than necessary.
5. Negotiate a flat fee with your lawyer. This may not be easy, or even possible, as most lawyers charge by the hour. But if you can do it the peace of mind of knowing what the legal bill is going to look like at the end of the day is worth making the attempt. It also allows both you and your lawyer to focus on the real issues and not on who to minimize/maximize the bill.
By: Howard MacKinnon