What Can I Do to Reduce My Divorce Costs?

Depending on the issues in your case, divorce can be a lengthy and costly process. However, there are a number of ways you can help to keep your divorce costs down. By being willing to cooperate, staying organized, and using legal services efficiently, you can minimize the potential for conflict and reduce the overall expenses associated with your matrimonial matter.

The following are several tips to keep in mind to help reduce your divorce costs:

1. Use Mediation or the Collaborative Process

Divorce doesn’t always have to involve contentious (and costly) litigation in the courtroom. Mediation is a method that can be used to resolve the issues in your case efficiently and cost-effectively. Instead of having your attorney draft numerous motions and paying for multiple court appearances, mediation may only require a few sessions to reach a settlement. Since sessions can be scheduled at the convenience of the spouses, instead of the parties being bound to the court’s calendar, mediation can also allow spouses to conclude their cases faster.

Similarly, with the collaborative process, spouses can avoid time-consuming court battles. Spouses control the timeline of their case and share the costs associated with hiring neutral professionals rather than having to pay for opposing expert witnesses. The collaborative process eliminates the need to pay for trial preparation and trial costs, which can significantly drive up legal fees.

2. File for an Uncontested Divorce

An uncontested divorce can keep divorce costs down by eliminating the full litigation process. By settling all issues that must be resolved before filing for divorce, spouses do not need to incur legal fees on negotiations or court conferences. When a divorce is uncontested, spouses can also save money on the discovery process, motion practice, expert witnesses, and trial. If a divorce is truly uncontested from the outset and the workload is predictable, some attorneys may offer a flat fee to prepare the necessary documents and file them in court.

3. Understand Your Attorney’s Fee Structure

To keep your divorce costs down, it’s essential to understand your attorney’s fee structure. Know what you will be billed for and how much you will be charged if an attorney or paralegal handles the task. While the fee structure should be outlined in your retainer agreement, be sure to ask any questions you may have upfront. If charges on a bill are unclear, ask your attorney for clarification.

4. Keep Your Financial Documents Organized

Keeping your financial documents (and any other paperwork you need for your divorce) organized is one of the best ways to reduce divorce costs. You will need pay stubs, bank statements, tax returns for the last three years, credit card statements, mortgage documents, and any other documents demonstrating your assets and liabilities. Instead of paying a paralegal to collect these documents for you or sort through piles of paperwork, gather them ahead of time. Create a binder that divides the documents into categories so they can be found quickly without requiring follow-ups.

5. Communicate Effectively with Your Attorney

One of the easiest ways to keep your divorce costs down is to communicate effectively with your attorney. If you do not hear from your attorney, it typically means that there are no new developments in your case. Since an attorney will bill you for each communication, compile your questions into one email so you are not charged for multiple communications. When you are speaking with your attorney on the phone or meeting with them in person, consider making an agenda for the meeting with bullet points of topics you’d like to cover. This can help you keep the meeting focused and reduce your billable time.

6. Don’t Rely on Your Attorney for Emotional Support

Divorce is an emotional process as much as a legal one. However, you should only use your attorney for the legal aspects of your case. Calling your attorney to complain about your spouse or vent your emotions is costly and can drive up your legal fees unnecessarily. A therapist is much better equipped to help you process the emotions that come with divorce, while your attorney should stay focused on protecting your legal interests. Using a therapist can also give you the tools you need to regulate your emotions and avoid escalating costly conflict.

7. Focus on a Resolution, Not “Winning”

When spouses take a “win-at-all-costs” approach to divorce, it can lead to increased conflict and litigation expenses. Not only is this mindset unproductive from a financial perspective, but it is also impractical from a legal standpoint as judges encourage settlement. Focusing on a mutually agreeable resolution can help a case move forward, keep you and your spouse in control of the outcome, and allow you to preserve financial resources for the next chapter in your life.