12/18/2019
KEEPING MARRIAGE TERMINATION COSTS LOW(ER)
By: Attorney Haley Holmberg
“Love is grand, divorce is a hundred grand.” - Unknown. Okay, that is definitely an exaggeration in most marriage termination cases. But nevertheless, the costs and fees associated with deciding to terminate your marriage are likely not initially considered. There are many items in a fully contested divorce case that will make your legal fees increase, including discovery disputes; individuals refusing to follow Court orders; and having children of the marriage –only adds to the decisions to be made. Legal fees may (and often do) increase due to no fault of your own, however, there are a few items that you can keep in mind as your case progresses in order to do what is in your control to keep the legal fees and costs as minimal as possible.
1. Keep an open mind, communication is key!
Legal fees can be greatly reduced if you are able to sit down with your spouse and try to work through the issues of asset and debt division, as well as the decisions to be made regarding the children. If you and your spouse are able to work through the issues and come to a complete agreement, then you may qualify to get a dissolution rather than a divorce. A dissolution which is mostly paperwork that needs to be drawn up by your attorney along with a final hearing on the matter, versus a long drawn out battle over the issues at hand which you would have in a divorce. Obviously, sitting down and having a civilized conversation isn’t going to be possible in all marriages, but you may be able request of your spouse that the two of you meet with a mediator to help you work through any issues that you may not agree upon. Even if your spouse is not willing to discuss the issues at hand with you or with a mediator, you can always remain open to mediation after filing for divorce. The ability to settle issues related to your case not only will help keep legal fees lower, but being able to settle increases the odds that both parties will abide by the Court’s Orders if they are the ones that came to a settlement as to what the Court’s orders should be. The ability to come to a settlement on the issues may also help to greatly reduce the costs of any post-decree issues as an agreement was made between the parties, instead of a third-party who knows nothing about your family making the decision for you.
2. Consider where your attorney’s office is located.
One detail that is often overlooked by a client choosing an attorney, is that the attorney you hire may charge for his/her travel time. Obviously if this is the case, your legal fees are going to quickly accumulate if your attorney needs to make a two hour trip to the courthouse and a two hour trip back to his/her office in addition to the time they must spend at the courthouse for your hearing. Did I mention that this is likely going to happen multiple times over the course of your case if you must choose the divorce route? Therefore, whenever possible, choose an attorney whose office is in the same county or within close proximity of the courthouse where your case will be heard.
3. Stay focused and organized.
During your case, your attorney is going to need many things from you, whether it is answers to questions they may have or documents they may need from you. Regardless of what it is that your attorney may need, don’t make them ask more than once. Each time that an attorney is working on your case, you are likely being charged for that time. Therefore, when your attorney is forced to ask you the same question three times, three weeks in a row, you best believe that you are likely getting charged each time they are forced to ask the same thing. Make sure that if your attorney calls you regarding your case to give them a call back at your earliest convenience. Further, many attorneys communicate by email and therefore you need to regularly check your email and respond to any emails from your attorney. If your attorney requests information from you that you do not know the answer to, that is OKAY, but be sure to inform them that you do not know the answer and will investigate the matter. By doing this, you inform the attorney that you are dedicated and focused on helping with your case and your attorney will give you the time needed for you to attempt to locate the answer. If the attorney does not hear from you at all, then rest assured you will be getting a follow up email/phone call, or perhaps even multiple.
4. Don’t rule out the “underdog” attorney.
Unless you choose to hire a sole practitioner, many law offices have associate attorneys, paralegals, and legal secretaries to assist on cases. Despite the fact that you may feel that your particular case is in desperate need of the “Top Dog” attorney, informing your attorney that, if available, you are okay with associate attorneys, paralegals, or legal secretaries helping to draft the necessary case documents will absolutely help to reduce the overall costs of your legal fees as these individuals often charge less an hour than your attorney may. Once the documents are drafted, your attorney will have to review the documents prior to filing to ensure accuracy but the cost it takes to complete the required document will be drastically reduced compared to your attorney having to draft the document himself/herself.
5. Start the termination process off on the “right foot”.
Don’t be the client that comes into the attorney with a pre-filled out, do-it-yourself, dissolution or divorce packet that you picked up at the store or found online somewhere. In most cases, the forms that you bring in and request to be used will not be the correct forms and will be difficult for the attorney to use and turn into the required documents needed. While it is a great idea to come into an attorney’s office knowing what result you would like at the end of your case, expecting the attorney to use your forms is going to greatly INCREASE the costs associated with your case because your attorney will need to carefully comb through the documents to determine what items are missing from the forms. Not to mention that many do-it-yourself divorce or dissolution packets are extremely boilerplate and will not necessarily be the best fit for your family. Allowing your attorney to use their own documents will reduce your costs as they are familiar with their own forms, they know that nothing is missing from their forms, and they know your case well enough to ensure that the documents drafted will be the best possible fit for your family. Another way to greatly INCREASE your legal costs, is to take that do-it-yourself paperwork and file it with the Court because then either your attorney has to attempt to undue that paperwork to make it correct, or worse the paperwork may cause major post-decree issues to arise regarding the asset and debt division or parenting time arrangements if something was inadvertently left out.
Terminating a marriage is a very difficult and emotional time. Adding up the legal costs associated with having to do it, only adds to the stress. Abiding by the above tips will help to reduce that stress (and the money associated with it) so that you can help to keep your case (and your wallet) in check.
Haley Holmberg is a family lawyer who has been practicing since 2018. She is a practicing member of the Ohio bar. Attorney Holmberg is an associate at The Law Offices of William L. Geary, located in Columbus, Ohio. The Office practices solely Family and Juvenile Law.