Legal Law

So can I really get divorced for $399? How to Select a Profitable Matrimonial Lawyer

Today advertising proliferates promising a $399 divorce. Is such a thing even remotely possible? Probably not. For starters, in New York State alone, court costs will exceed $300. However, you can obtain the forms needed to process an uncontested divorce from your local County Clerk’s Office or even more easily from the New York State Office of Court Administration website. So, if you have no contentious issues in your divorce, a helping spouse, and a willingness to do the paperwork, your total costs probably won’t exceed $400 (including round-trip subway or bus fare).

This article is for those of you who will need to hire a lawyer, either because you have

disputed issues, complex assets or child custody matters that require the expertise of a family law specialist, or you simply want someone to do the legwork for you. And, if this is your situation, it shouldn’t surprise you that you don’t get much in the way of personalized service or representation for $399.

The good news is that if you are prudent and sensible (and have a spouse who will be too), it is possible to secure a divorce without spending a fortune. By that I mean it could get the job done in the range of $1,500 (at the simplest, most “hands down”) to $10,000 (at the most complex situation). I can’t stress too much though, keeping your costs in this range will only be possible if neither you nor your spouse are die-hards or out for blood.

What follows is a pros and cons list designed to get you there:

(1) Select your lawyer carefully.

Make sure it’s someone whose personality and demeanor match yours, and who has the legal knowledge and acumen to tailor their recommendations to your needs. A lawyer may surprise you with their personality, legal knowledge, rhetorical skills, or promises in an initial consultation, but if they can’t or refuse to listen, you’ll probably pay the price later.

(2) Keep communications civil, better yet, cordial with your ex-spouse.

Sometimes the only way to contain legal costs in a multi-issue divorce is to negotiate a deal directly with your spouse and then have the attorneys draft an agreement. In either case, establishing a post-marital civil relationship with your spouse as soon as possible, particularly when children are involved, can help ease engagement, reduce hard feelings, ease anxieties, and most importantly, mitigate legal costs.

(3) Be prepared to compromise.

The parties often lament their spouses’ inability to be reasonable, but just as often they are not ready to compromise. If you’re convinced that your settlement offer is so reasonable that no one could turn it down, you’ve made an overly generous first offer, or you’re currently unable to weigh the stocks in a balanced way. It’s probably the latter.

(4) Be aware of what is most important to your spouse.

This does not mean that you have to grant exactly what he or she wants. But accept the fact that an agreement will only be possible if you are flexible enough to be able to compromise on one or more issues that are critical to your spouse. At the same time, it is equally unrealistic to expect to prevail on all the issues you consider critical to you.

(5) Avoid at all costs the practice of contradictory motion.

In certain cases, it may be impossible to resolve a temporary issue that requires immediate attention without filing a motion, for example, issues such as temporary support or a spousal refusal to disclose critical financial information. In that case, you will have no choice but to file a motion with the court. However, if you must take this course, be prepared to incur legal fees that will likely end up in excess of $10,000 (the cost of filing a single motion can be as much or more). And also, keep in mind that if you start down this path, you can take your case to such an adversarial pitch that the costs will literally multiply.

(6) Never tell yourself that you would rather pay your lawyer than your spouse.

You may end up paying for both. It’s a tactic that only makes sense when your spouse’s expectations are very high and unlikely to materialize anytime soon. Also, the court may ultimately view you as the unrealistic party, in which case you may even be ordered to pay your spouse’s legal fees.

(7) Help your attorney do your job for you whenever possible.

Most of today’s legal clients are educated consumers who don’t need to be told that it is wise to help your attorney work more efficiently for you. But, if you’re someone who’s allergic to paperwork, pathologically disorganized, or simply doesn’t want such direct involvement in a painful ordeal, you’ll have to pay a premium. Virtually all divorce lawyers charge by the hour, and many areas of divorce practice are inherently slow. On the other hand, if you spend hours explaining something to your lawyer that he or she might have discerned from the documents, you will achieve the opposite of your objectives.

(8) Evaluate costs realistically with your lawyer on an ongoing basis.

To do this effectively, you will need to know both the scope and the underlying rationale for the steps your lawyer is proposing to take. It is not enough to know that your lawyer plans to start by preparing a Summons and Complaint. You need to know what that means and whether it will require a few hours or a few days of legal work.

(9) Do not litigate on matters related to children.

If you cannot mutually resolve custody and visitation of your child(ren) with your spouse, you will have no chance of avoiding substantial legal costs. This means that as long as your children are not in danger, if you want or need to control costs, you will have to compromise on scheduling and custody labels. This is not always easy advice to follow. Often, one or both parties mistakenly view parenting as a battleground to secure financial control or advantage over their spouse. If this is the case, you will find it very difficult to avoid costly litigation.

Conclution

If you can avoid these nine pitfalls, you’ll have a good chance of avoiding burying yourself in legal costs, even if it doesn’t mean a $399 divorce.

Leave a Reply

Your email address will not be published. Required fields are marked *