Divorce Attorney Fees and How to Save Money: A Seven-Step Practical Guide

Photo courtesy of Alexander Grey on Unsplash

Divorce can be an emotionally and financially draining experience. It is also a process infamous for being extremely costly. One of the most significant expenses you may face during this process is your attorney fees. Attorneys work hard and should be paid for their time and expertise- we agree with that. However, there are strategies you can implement to minimize attorney fees without sacrificing the quality of your legal representation. Here’s a guide on how to save on unnecessary attorney fees while navigating your way through your divorce.

1. Choose the Right Professionals

Have multiple consultations: Start by researching multiple matrimonial attorneys in your area. Ask divorced friends or colleges if they had a positive experience with their attorney and if they would recommend this person. Not because they “won” the case for them or simply because they were the cheapest. You really need someone who is the right fit for your specific situation. Look up attorneys in your area and read their reviews from past clients. Look for professionals who specialize in areas that matter to you and your family. For instance, some attorneys have more experience in dealing with children with special needs, dividing retirement assets etc. Look for attorneys who handle matrimonial and family law specifically and who have a presence online that you can research. While an attorney who has a general practice may be able to assist you in your divorce, that may not necessarily be the area they know best. An attorney’s inexperience could cost you more, so be sure to check their credentials. Many attorneys offer free consultations, so take advantage of these meetings to compare their approach, fees, and compatibility with your needs. Even if an attorney charges for a consultation, it is well worth spending that initial cost if it means saving in attorney fees down the line.

Do Not Compromise: While we do recommend getting referrals from family and friends, we do not suggest blindly accepting their suggestions. Consult with a few attorneys and always trust your instincts. If you do not like an attorney, do not retain them to assist you in this very emotional time in your life. If you do that and it does not work out, you may need to start over with a new attorney, incurring additional fees for this transition.

Hire a Divorce Coach: A divorce coach is a professional who specializes in supporting you through the emotional, logistical, and practical aspects of the divorce process. They serve as a guide, helping you navigate the complexities of your divorce and providing tools and strategies for making informed decisions. Much like the Collaborative Divorce Process, it may seem counter intuitive to hire an additional professional to save money but the coach could be a huge asset in a way that your attorney is not. While their services come at a cost, the value they provide can lead to significant savings during your divorce process.

Consider Mental Health Counselling: A therapist can absolutely help you save money during your divorce. Their role is primarily focused on emotional support and mental health rather than direct financial savings and the legalities of your divorce. However, by addressing emotional challenges and improving your decision-making processes, therapy can indirectly contribute to cost savings in several ways. They can help you process your emotions during a very uncertain time in your life, assist with tips on providing clear communications, facilitate post-divorce planning and much more. The more you unbundle with your therapist or divorce coach, the less you will feel the need to let your attorney know every time your spouse does something wrong. With so many therapy options nowadays, from in-person to virtual to community-based and from private pay to insurance based, there should be a model that can work for you.

2. Be Prepared

Gather Necessary Information: Prepare all necessary documents before meeting with your attorney. This includes financial records, tax returns, and any relevant correspondence. The more organized you are, the less time your attorney will spend gathering information, and following up with you about what is needed, which can save you money. Be communicative and ask your attorney if there is anything else they need from you. Make sure to complete all intake forms as fully as possible and answer all questions, to the best of your ability. If your attorney asks you for a specific date, document or piece of information, answering as soon as you are able helps keep the process moving and cost effective.

Create a Clear Agenda: When meeting with your attorney, have a clear agenda of topics you want to discuss for possible settlements. This helps keep the meeting focused and efficient, reducing billable hours. Having a list of assets, accounts, or items that need to be settled will assist your attorney prioritize what is most important for a settlement. But remember to stay flexible in case your attorney thinks it best to focus on another topic area at that time.

3. Use Mediation or the Collaborative Divorce Process

Consider Alternative Avenues: Mediation, Collaborative Divorce, and other non-adversarial avenues can significantly reduce attorney fees. In mediation, a neutral third party helps both of you negotiate and reach a settlement. They assist in getting through any possible impasse, and assists in keeping you both organized and on track. This process can be quicker and less costly than traditional litigation. This is not always the case and that heavily depends on the both of you. Be sure to look out for our upcoming blog post about mediation fees! The Collaborative Divorce Process involves a team of interdisciplinary professionals assisting you in getting to a settlement. Teams typically consist of financial experts, mental health professionals and attorneys. While that can sound more expensive, with multiple professionals assisting you, when compared to potential litigation fees, Collaborative can be a more cost-effective solution. Additionally, since your team is not made up of only attorneys, each team member will add their expertise and you will not have to pay your attorney to do everything as it relates to your divorce.

Work Together: If possible, try to work together with your spouse on certain issues, such as child custody, parenting schedules, asset and property division. The more you can agree on, the less time your attorneys will need to spend negotiating on your behalf. It would be even more helpful if you had these discussions before you meet with your divorce professionals, that way you can present them with your proposed ideals.

4. Limit Communication

Email Over Phone Calls: Use email for communication whenever possible. Phone calls can quickly become expensive, especially if they are lengthy. Keeping communications documented in writing can also provide clarity and reduce misunderstandings. While you should absolutely be asking your attorney any questions you may have, oversharing is not always necessary and likely will not help your case at all.

Be Concise: When communicating with your attorney, be concise and to the point. This not only saves time but also ensures that your attorney understands your needs and concerns without unnecessary back-and-forth. If you feel the need to send a lengthy email or communication, run it by your divorce coach first to see if they agree this is a good use of your resources.

5. Stay Organized

Maintain an Organized File: Keep all correspondence, documents, and notes related to your divorce in one organized file. Whether that is a physical or digital file, being organized will help you immensely. This will make it easier for you to find necessary information and reduce the time your attorney spends searching for documents.

6. Be Clear About Fees

Discuss Fee Structures: Don’t hesitate to ask your attorney about their fee structure. If you do not understand it, be sure to ask them to give you a written breakdown and to explain it again- this is important. Some attorneys may offer flexible payment plans or lower rates for certain services. Being upfront about your budget can lead to potential savings. Even if a certain attorney cannot meet your budgeting needs, they may be able to refer you to a professional who can.

Review Invoices: Reviewing your invoices as soon as your attorney provides them is a great way to keep on top of your legal fees. This way you will be able to see any discrepancies immediately, and ask them about it. It also gives you a better idea of how far your retainer is depleted, how much work may be needed in the future, and how much each service costs. You may have thought your two-hour meeting with your attorney was useful, but after seeing the invoice for it, you may reconsider your tactics going forward.

7. Avoid Unnecessary Litigation

Keep Emotions in Check: Emotions can run high during a divorce, leading to disputes that escalate into litigation. While it may seem impossible, remaining calm and focused on resolution rather than revenge, can save you in legal fees as unnecessary litigation can lead to significantly higher legal fees. This is also another reason to hire a divorce coach or therapist to assist you through the divorce process.

Focus on Settlement: Aim for a settlement rather than dragging the process through court. A settlement is usually quicker and less expensive than a trial, and it allows both of you to maintain more control over the outcome. People have an idea that the Judge will hear their case and understand where they are coming from. In reality the court is overrun with cases and their only goal is to get you to settle and get your matter out of their hair. Having a Judge, who does not know you or your family, make long lasting decisions for you is not only costly but can be traumatizing. Something else to consider, around 90% - 95% of matrimonial cases end in settlement so keep settlement at the forefront of your mind, from the beginning.

Conclusion

Divorce is never easy, but by being proactive and strategic about how you approach attorney fees, can help you save a significant amount of money during the process. By choosing the right attorney, staying organized, and considering alternatives like the Collaborative Divorce Process or Divorce Mediation, you can minimize costs while ensuring your legal rights are protected. Remember, investing time and effort into these strategies can lead to a more financially manageable divorce and a better outcome.