Be Prepared
Before you meet with a lawyer, it is usually wise to have some clear ideas of your goals, objectives and plans. This information can help guide your discussions and make the best use of limited time. It also helps to have your financial information organized so you can present all of the facts up front.
Always remember that lawyers are in business to make money, not just to help you. Therefore, every minute of conversation you spend with your lawyer (in person and over the phone) may be added into your total bill. With this in mind, it is essential to use these billable hours wisely. Most experts recommend that if you need to talk to someone about your failed marriage and rehash some of the details, reach out to family and friends or a therapist for this and save your lawyer’s time for representing your best interests.
It is also usually advisable to ask your lawyer up front for an estimate of what you can expect to spend on your divorce. This will help you to budget accordingly. But keep in mind that if your divorce process gets more complicated as you go along, the price can change accordingly, since most lawyers charge by the hour rather than by a set fee. You may also want to ask the lawyer what other costs, in addition to his or her rate, might be involved and also what the anticipated timeframe is for completion of your case. All of these things need to be factored in as you move along in the process of legally ending your marriage.
Ways To Avoid Court
From do-it-yourself settlements to drawn out court cases, every divorce situation is different. If you and your spouse need some legal representation to help you finalize an agreement but want to avoid your case going to court, you might want to consider divorce mediation.
This process occurs with the guidance of a trained mediator (who might be a lawyer but doesn’t have to be) who helps the couple come up with a settlement they can both live with. The mediator must remain neutral and can’t advocate for either party’s personal interests but must find some common ground. This can be a great option but requires flexibility from both people and the ability to put emotions aside to work toward a practical resolution. While this can be challenging for couples who are warring, it also can be well worth it in the end, since it eliminates the need to hire two separate professionals to represent the couple, thereby reducing the total number of billable hours involved.
Another cost-effective alternative is collaborative divorce, which is a relatively new concept that takes a similar approach to bring a husband and wife together with their lawyers to work jointly on an agreement. Both parties must be willing to commit to keep their case out of court. The lawyers who lead the process are usually trained in helping the spouses to reduce animosity. In some instances, this has been so effective that the husband and wife have ended up reconciling.
