One of the first questions clients often ask is: how much will it cost me to divorce my spouse? This is a difficult question to answer as every divorce is unique and presents its own set of challenges. The reality is that it is impossible to predict with any certainty how much a divorce will cost since it largely depends on how a couple chooses to resolve their issues, and whether both parties cooperate and work effectively toward a positive outcome. Obviously, high-asset divorces, or divorces involving complex custody issues, will add layers of complexity and increase the cost and duration of a case. An uncontested divorce with minimal or no disputes may take a few months to finalize, yet a divorce involving substantial assets, significant disagreements, contested issues, extended discovery, court hearings, or a trial can extend well beyond the 1-year mark. Unsurprisingly, these types of divorces involving extensive litigation and complexity are more expensive. They are also more likely to exact a considerable emotional toll on the parties involved, which is something most people fail to fully account for at the outset.
The Key to an Effective Mediation
Even in complex cases, there are steps parties can take not only to reduce the cost of divorce and streamline the process to make it more manageable. The first step is to understand the divorce process. Litigation is one possible avenue for resolving disputes, but it is not always the most efficient or cost-effective option. For example, parties may choose to mediate their case, which provides a cooperative and private space in which a neutral third party guides parties toward a resolution. In many cases, mediation leads to faster settlements, which reduces attorneys’ fees and limits opportunities for conflicts to escalate. The key to an effective mediation, however, invariably requires the following:
- Setting a shared goal of resolution between the parties at the beginning.
- Providing full and accurate financial disclosures.
- Maintaining open communication with counsel.
Reducing Costs While Navigating Complex Litigation
In cases where mediation is unsuccessful or unsuitable, the parties may have no choice but to resolve their disputes through litigation. Here are practical ways to reduce the costs of litigation and minimize the emotional strain of the divorce:
- Choose the Right Attorney for You – Finding an experienced attorney who listens to your concerns and understands the stakes involved can affect the total cost of the divorce.
- Understand the Big Picture – Throughout the litigation process, ask yourself: what issues warrant compromise? What issues are worth fighting for? Be aware that an unwillingness to compromise or harboring unrealistic expectations can lead to increased expense and a much greater emotional burden.
- Full Disclosure Builds a Stronger Case – Be open and honest with your attorney from day one. Failing to disclose assets, accounts, and other financial records can cause unnecessary delays and various additional costs, including possibly sanctions. In a worst-case scenario, it can derail the process.
- Organization is Your Friend – As soon as the litigation process begins, open a file to manage paperwork and related documents. Knowing that this file contains all the important materials of your divorce offers you greater control.
- Make the Most of Every Meeting – Whenever you meet with your attorney, get organized with the specific questions and concerns you would like addressed. It is surprising how often clients come to meetings unprepared and spend more time formulating their questions than getting answers.
- Be Smart with Email – When writing your attorney, stay on message. It is more efficient and cost effective to send one or two consolidated emails targeting the subject at hand rather than parsing it out in multiple separate messages.
- Responsiveness is Crucial – Respond to your attorney’s emails, phone calls, and requests for documents and document review promptly. The sooner your attorney has the information s/he needs, the sooner s/he can advance your case without the need for follow ups and reminders.
A More Efficient Path Forward
While it is true that no two divorces are the same, there are concrete steps that parties can take to reduce both the financial and emotional cost of their case. More and more, parties are turning to mediation as a practical way to resolve their divorce. In fact, a recent study suggests that a little over 50% of all divorces are resolved through mediation. Yet, when mediation is not an option, finding an experienced attorney and taking the right approach to litigation from the beginning can make all the difference when it comes to costs and peace of mind.