Getting Divorced? It Doesn’t Have to Cost a Fortune

Low Cost Divorce Strategies That Save Money

If you’re going through a divorce, you’ve already endured enough stress. The last thing you need is a bill approaching $13,000.

The typical divorce in the United States runs about $12,900, and many cases end up costing far more.

However, divorce doesn’t always have to devastate your finances. A budget-friendly divorce is achievable. We consulted divorce attorneys who offered their suggestions for reducing the financial burden.

11 Affordable Divorce Strategies from Legal Pros

Choose Mediation Over Full Attorney Representation

Many couples immediately hire lawyers when splitting up, but not every contentious separation requires full-blown litigation, says Dori Shwirtz, an attorney who practices marital and divorce mediation at Divorce Harmony, a virtual divorce firm.

Mediation involves a neutral facilitator who helps the couple negotiate a settlement outside the courtroom. “Often the resolution reached through mediation mirrors what would eventually happen after long, attorney-driven court battles,” Shwirtz explains.

Seek Out Free and Sliding-Scale Legal Help

If you can’t afford private counsel, look for free or reduced-fee legal programs in your area, advises Damian Turco, a divorce attorney with Turco Legal in Massachusetts.

“There are thousands of nonprofit legal aid groups, and many lawyers accept pro bono or reduced-fee cases based on income and assets,” Turco notes. Try the Find a Lawyer feature on JusticeApp, a free app that consolidates resources and programs and offers other complimentary tools to help manage your legal matter.

Get Your Paperwork in Order

As part of the divorce procedure, you’ll need to gather financial records. Before mediation starts, assemble the documents you’ll be asked for, suggests Vicki Volper, a family law attorney in Westport, Conn.

That list should include tax returns for the last three years; recent pay stubs; current mortgage statements; bank and brokerage statements for each account; pension and retirement account details; credit card statements if you carry balances; and credit reports for both spouses.

Do the Assigned Work Between Sessions

Your mediator will set an agenda for each meeting and will probably assign tasks to complete between sessions.

“You may be asked to obtain a home appraisal or determine a vehicle’s value,” Volper says. “Communicate with your spouse and decide who will secure which pieces of information between mediation appointments.”

Don’t Use Your Attorney as an Emotional Counselor

If the emotional toll of divorce is impairing your ability to negotiate, consider consulting a mental health professional.

“Avoid racking up legal fees by unloading emotional issues on your attorney,” Volper advises.

Aggregate Your Questions

If you have a list of 10 questions for your lawyer, make a single call to cover them all instead of placing 10 separate calls, suggests Eric Klein, a family law practitioner. The same principle applies to emails. Most divorce attorneys bill in 15-minute increments, even if the work takes less time.

“Following this simple method can save clients thousands of dollars over the course of a case,” Klein says.

Provide Documents in Complete Order

Spot a blank page in a bank statement with only a page number? Send that page along with the rest and don’t assume it’s unnecessary—your spouse’s lawyer will likely demand it.

“Holding back that single page can cost a client $250 to produce it for opposing counsel,” Klein notes. “Turning documents over to your attorney already organized and copied can save another $250 to $1,000 that might otherwise be spent having your lawyer or paralegal sort them.”

Be Punctual

Arrive five minutes late to a court hearing and the judge may already be hearing the next matter.

“Your case can be bumped to the end of the docket, and you might wait up to three hours to be heard,” Klein warns. “Multiply that delay by an hourly rate of, say, $300, and your lateness just cost you $1,200 — since you’ll be billed for your attorney’s waiting time.”

Talk to Your Lawyer About Financial Limits

“When we know our clients’ budgetary limits, I often offer alternatives such as having the client review records and highlight key items, prepare outlines and timelines, and draft factual sections of pleadings, rather than billing full attorney time to do it,” says Kris Balekian Hayes, managing partner of Balekian Hayes in Dallas.

Discussing costs openly allows your lawyer to adjust services to fit your finances and can reduce overall expenses. Also consider resources about how much does a divorce cost to better understand potential fees.

Agree When Possible

Try to resolve as many matters with your spouse as you can, Hayes recommends. Litigation is costly, so minimize the number of issues that go to court. Have those tough conversations with your spouse that could lead to agreements and help you both save on attorney fees.

Be Practical About Small Items

Even if you’re attached to a particular coffee table, it might cost you $1,000 to fight for it — or $150 to replace it.

“It’s easy to throw good money after bad when emotions run high, so try to handle property decisions sensibly; most items can be replaced,” Hayes says.

Frequently Asked Questions