When it comes to the divorce process, everyone is aware that there are numerous costs involved. In fact, many people have an understanding that getting a divorce is an expensive process. However, ending a marriage does not always have to be a huge financial burden on you and your separating spouse.
This is because the divorce process can often proceed as uncontested. An uncontested divorce refers to a divorce where the division of marital property, and other legal issues that must be addressed in a divorce, are agreed upon by both parties.
If both parties are agreeable on issues that must be addressed, such as the division of marital property and debts, then the costs of the divorce process will be reduced drastically. Although it may seem obvious, this is because less time and money will have to be spent on arguing over the issues themselves.
One of the main costs associated with divorce cases are the fees that come from hiring an attorney to represent you and handle your divorce case. Because of this more individuals are attempting to navigate the divorce process themselves, without hiring an attorney. The following legal article explores all of the ways in which the total cost of a divorce can be lessened.
How Does an Uncontested Divorce Work?
As mentioned above, when the parties to a divorce cannot agree on all of the issues that must be addressed in a divorce, the divorce will ultimately cost more. The term “contested divorce” is the term that is used to refer when one or both spouses do not agree about how to resolve all of the issues that arise during the divorce process.
Examples of the most common issues that lead to disagreement between divorcing spouses include, but are not limited to:
When the two parties are unable to agree on any of the above issues, the court must ultimately step in to determine the issues. This means a trial of the issues about which they disagree must occur. This in turn costs time and money.
However, when the two parties agree on all of the above issues, the divorce will be considered uncontested. If you and your spouse get along and are able to agree on the issues that need to be addressed in a divorce case, then the divorce process will be much less expensive.
In order to complete the uncontested divorce, after the spouses reach an agreement, they will need to complete a few additional steps. First, the divorcing parties will need to sign a written divorce settlement and present that proposed order to the court for approval.
The two parties must also prepare other legal documents, such as documents concerning the legal transfer of property from one spouse to the other. Then, all of these documents can be presented to the court for their review and for the judge’s signature. Then, the divorce process will be finalized at that final hearing.
Although it isn’t required, many parties will choose to hire attorneys to help them properly draft the documents necessary to finalize the divorce. Often attorneys can perform these tasks on a flat fee contract. In other words, for one set price the attorney can draft the documents necessary to finalize the divorce and represent one party in presenting the agreed upon documents to the court for finalization.
As such, although an uncontested divorce is typically a less expensive method for ending a marriage, there will still be divorce expenses, such as:
- The filing fees necessary to initiate the divorce process, which is usually between $150 and $400, depending on your local court’s fees
- The costs necessary to serve the other party with the divorce paperwork, unless they waive service
- The costs to hire an attorney on a flat fee basis to review the two spouses agreement and draft their agreement into a final order to submit to the court
What Are Alternative Methods of Resolving the Divorce Process?
Alternative Dispute Resolution, or “ADR,” is an alternative to contested litigation. In ADR, the arguing parties agree to be bound by the decision of an independent and impartial third party. This party is often known as a mediator. One of the most common forms of ADR is mediation.
Mediation is the process by which a neutral third party intervenes between two conflicting parties. Mediation during the divorce process can prove to be an effective alternative to going to family law court. Additionally, mediation is often much quicker and more cost-effective than the full litigation process.
In other words, mediation can also be less expensive, less time consuming, and less formal than a fully blown contested trial. Mediation also leaves the outcome of the case in the hands of the disputing parties, as opposed to waiting on a decision made by a judge or jury. Because of this, the parties are often able to create a solution that a court might not be able to make.
Further, mediation is also a private process. This means that the parties do not need to disclose information to the public if they wish not to. Court trials, as a rule, must transcribe everything said onto the public record. As such, not only does mediation save money, it also keeps both parties’ affairs private.
What Is DIY Divorce?
In short, DIY divorce refers to do-it-yourself divorce. As mentioned above, handling aspects of the divorce process on your own can greatly reduce costs associated with the divorce process. However, there are both advantages and disadvantages to the DIY divorce process.
First, if you are proceeding with a DIY divorce then you will be expected to act as if you were an attorney. This means you may have to do all of the following on your own behalf:
- Prepare and file all required divorce paperwork, such as a legal petition/complaint to initiate the divorce, subpoenas for evidence, financial declarations, and relevant legal motions
- Have your spouse legally served with your divorce petition/complaint, motions, and subpoenas in accordance with your local rules of law
- Gather, review, analyze, organize, and present all your evidence to the family law court
- Schedule evaluations and meetings with professionals regarding your case, such as social workers, child custody evaluators, healthcare providers, and financial experts
- Examine and cross-examine witnesses for the other side, as well as expert witnesses, if any
- Argue your case before the family law court, if your case is not settled prior to your court date
- Negotiate and draft a final order that contains a separation agreement that outlines all of your property divisions, as well as custody agreements if children are involved
Finally, one of the main tasks that you will have to perform during the divorce process is communicating with your spouse or their attorney. This is because back-and-forth negotiations will often occur during a divorce in order to reach a settlement prior to a contested court hearing.
Importantly, just because you start the divorce process yourself, you do not need to end the process representing yourself. If you need the assistance of an attorney at any point in time, you can always consult with an attorney. Missing strict deadlines or failing to properly follow the civil rules and procedures can be detrimental to your case. As such, DIY is not always for everyone.
Is It Possible to Get a Divorce Without Paying Any Money?
In short, yes, but it is extremely rare. As noted above, there are numerous costs associated with the divorce process. These costs include attorney fees, filing fees, mailing fees, and other fees. However, if you are unable to afford an attorney, then there are often options that may assist you in getting a divorce without paying any money.
First, individuals that do not have the income necessary to seek a divorce or file the necessary fees may seek a waiver for the filing fees. Additionally, if there are children involved in the divorce, and you are without income, there are often local programs wherein an attorney can be appointed by the state to initiate the divorce process.
These attorneys will essentially file the divorce on behalf of one party while keeping the children’s best interest at heart. This means that they will be able to set up the means by which one spouse can receive temporary financial support for both themselves and their children while the divorce process is ongoing. This usually occurs when the financial power between the two parties is wide.
Additionally, there are numerous other organizations that offer representation to parties pro bono (i.e. without charging them fees). For example, if one spouse is a part of the military, there are often organizations funded by the military that assist them with issues such as the divorce process.
Do I Need an Attorney for Help With a Divorce?
As can be seen, there are many issues that must be addressed in a typical divorce proceeding. As such, if you are thinking about getting a divorce, or if you have been served with divorce paperwork, it may be in your best interests to consult with an experienced divorce lawyer immediately.
LegalMatch can assist you in setting up a consultation with a family law lawyer in your area. An experienced family law attorney will be able to help you determine your best course of legal action, and ensure that your rights are protected throughout the divorce proceedings.
Additionally, an attorney may also help you reduce your costs in the long run by helping you navigate the more complicated procedures of a divorce and assisting you with drafting a legally sound final decree of divorce.
An attorney will also be able to ensure that you have full access to all of the documentation necessary to make informed decisions regarding the divorce and division of marital assets. Finally, a divorce lawyer will also be able to assist you during a final hearing in your divorce case, whether contested or uncontested.
