So can I really get a divorce 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 necessary forms to process a mutual consent 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 don’t have controversial issues in your divorce, a helpful 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 matters, 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’re wise and sensible (and have a spouse who will be too), it’s 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 (in the simplest, most “undisputed”) to $10,000 (in a more 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 is uncompromising or blood seeking.
What follows is a list of pros and cons designed to get you there:
(1) Carefully select your attorney.
Make sure it’s someone whose personality and demeanor match yours, and who has the legal knowledge and insight to tailor their recommendations to your needs. A lawyer may surprise you with his or her personality, legal knowledge, rhetorical skills, or promises in an initial consultation, but if he or she can’t or refuses to listen to you, you’ll likely pay the price later.
(2) Maintain civil, even better, cordial communications 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 any event, establishing a postmarital civil relationship with your spouse as soon as possible, particularly when children are involved, can help ease commitment, reduce hard feelings, mitigate anxieties, and most importantly, mitigate legal costs.
(3) Be prepared to compromise.
The parties often lament their spouse’s inability to be reasonable, but just as often they are unprepared to compromise. If you are convinced that your settlement offer is so reasonable that no one could refuse it, you have either made an overly generous first offer or are currently unable to weigh the actions evenly. It’s probably the last.
(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 that you feel are 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 child 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 are likely to end up in excess of $10,000 (the cost of filing a single motion can be as much or more). And furthermore, be aware that if you start down this path, you may take your case to such an adversarial pitch that the costs literally multiply.
(6) Never tell yourself that you’d rather pay your lawyer than your spouse.
You may end up paying both. It’s a tactic that only makes sense when your spouse’s expectations are very high and unlikely to come to fruition any time soon. In addition, the court may ultimately see 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 need not 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 just doesn’t want such direct involvement in a painful ordeal, you’ll pay a premium. Virtually all divorce attorneys 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 attorney that he or she could have discerned from the documents, you will accomplish the opposite of your goals.
(8) Evaluate costs realistically with your attorney on an ongoing basis.
To do this effectively, you will need to know both the scope and underlying rationale for the steps your attorney proposes to take. It is not enough to know that your attorney 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 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. Oftentimes, one or both parties mistakenly view parenting as a battlefield to secure control or financial advantage over their spouse. If this is the case, you will find it very difficult to avoid costly litigation.
conclusion
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.