Divorce can be costly, particularly if contested. But there are ways you can decrease costs during this process.
First, educate yourself on how lawyer fees operate so you can budget their time more accurately. Next, limit unnecessary phone calls and emails and consider calling a therapist instead – they typically cost less.
Uncontested Divorce
An uncontested divorce can be the easiest way to end a marriage. Provided both parties agree on terms for your separation, such as property division and child custody arrangements, you should be able to complete it quickly. Depending on its complexity, New York uncontested divorce cases typically conclude within three months; more complex ones could take over one year to finalize.
An experienced divorce attorney will assist in filing all necessary papers with the court and reviewing all financial details to ensure an equitable distribution of property – this step can protect your financial interests especially if there are significant assets or investments at stake.
Before hiring an uncontested divorce attorney, make sure you receive an estimate of how many hours will be needed to complete your case and whether they offer payment plans that fit within your budget. Most law firms and independent attorneys work closely with clients in finding cost-effective solutions for clients.
If both parties in your divorce agree on all aspects, filing on your own can be done using the do-it-yourself program on the New York State Courts website. First you will need to file a Summons and Verified Complaint with your county clerk; next you must serve it to both spouses using someone aged 18 years or over who isn’t directly involved with the proceedings.
Your index fees of $210 must be paid before receiving your case number; then the filing fee of $335 must also be paid – this fee does not include legal expenses, photocopies, notary fees, transportation, mailing and process server costs.
If you and your spouse are having difficulty reaching a consensus on all issues, mediation may save time and money by avoiding courtroom litigation costs; Divorcenet estimates mediation sessions cost anywhere from $175-$700 per session.
Filing for Divorce
Professional services can often be hard to price accurately. From doctors and contractors, to divorce attorneys and contractors, asking lots of questions and comparing prices can give an accurate idea of their services’ costs. Divorce attorneys’ hourly rates differ and overall expenses depend on the complexity of your divorce case – our recent survey revealed that readers who hired full-scope divorce lawyers (meaning one to handle everything from start to finish) paid an average of around $11,300 in attorneys’ fees.
Before filing for divorce, it is vital that your financial documents are in order. This means acquiring copies of your marriage license, deeds for your properties, and legal documents which will need to be filed with the court. Furthermore, separate any joint insurance policies; update end-of-life documents (powers of attorney and advance health care directives); finalize tax returns as applicable and finalize them as well.
Step two of filing for divorce involves filing the petition and any supporting documents with the court. If both you and your spouse can agree on how to divide property, filing may go smoothly; otherwise, it could take much longer. Likewise, if your case is complicated or your spouse resists dividing assets equitably, proceedings can cost more time and money than expected.
Once your paperwork has been filed, they must be delivered to your spouse by a certified process server. This step often proves costly as service may prove challenging if either party wishes for the divorce to continue or hides assets from one another.
An expensive contested divorce may take years to resolve and may cost much more than expected, especially if both spouses cannot reach agreement on major issues like custody, visitation rights, spousal support and property division. As part of these proceedings, settlement meetings with your attorney could become necessary or even trials may need to take place in order to reach an amicable resolution.
Divorce Mediation
Participating in divorce mediation involves working with both of you to devise a plan for your future – everything from custody and parenting time arrangements to property division. The initial consultation usually involves meeting together with both of you to discuss what’s involved. Once it is determined that mediation is indeed suitable for your case, copies of all relevant documents will be requested from both sides and sessions will begin – up to two hours long per meeting session.
Mediation can speed up the divorce process significantly if both you and your spouse can communicate respectfully and productively; this depends on whether you can agree on issues and remain flexible during negotiations; many couples find that mediation takes several sessions over several months as there may be multiple complex issues to work through.
Longer divorce processes tend to be more expensive. If it becomes necessary to go to trial due to intractable differences between spouses during mediation or refusal by either party to compromise, attorneys who bill by the hour could become necessary.
Divorce mediation can save both of you money in the long run by shortening trial length and cutting expenses associated with litigation costs. Your goal should always be to find an equitable agreement that meets both parties needs.
No matter whether or not you participate in divorce mediation, it’s also advisable to have your own attorney review any settlement agreement you are contemplating in the future, regardless of its terms. Doing this will protect your rights and ensure any terms are reasonable or legal – as well as help avoid unexpected ramifications of such agreements; for instance if keeping the family business requires having legal documents in place to protect ownership rights in future years.
Finalizing the Divorce
Once a judge grants your divorce or dissolution of marriage, some final issues needing resolution need to be worked out between you and your former partner. These could include property division, child custody arrangements and spousal support; mediation or settlement conferences can often help resolve them quickly; depending on how complex these matters are and whether both of you can agree upon them or need the courts decide them, this process could take longer or shorter than anticipated.
Once you and your spouse have agreed upon or been ordered by a judge on all issues surrounding divorce, the court will issue an order that remains in force until another decision has been reached by either of you or another judge. This could include temporary orders for child support or spousal support as well as parenting plans or related documents that remain in place until further orders from another court come through. These types of orders require that both you and your spouse attend a hearing to present financial disclosures to the court – often this requires hiring legal assistance as costs can quickly add up quickly!
As attorneys generally bill by the hour, it’s wise to be strategic about how you use their services. Resist any temptation to call them every time something arises between you and your partner – rather save the money and consider hiring a therapist instead who often charges less per hour than attorneys do.
At its core, complexity of your case will dictate how many lawyer hours you’ll pay. Careful research of available options and their potential effects is key to keeping costs under control and improving negotiations and the result of dissolution proceedings. Another big factor is communication between yourself and your spouse during this process – having good dialogue will reduce disagreements, misunderstandings and emotional outbursts which could cost additional money in legal fees.
