Tips to Keep Attorney Fees, Legal Costs Down in a Divorce
The emotional costs of a divorce are high, but the legal fees can be even higher. With lawyers charging hundreds of dollars per hour and requesting multi-thousand dollar retainers, not everyone can pay for full legal representation. Fortunately, low-cost lawyers and free legal advice are available for those in need. Follow these steps to learn how to get the legal help you need at a cost you can afford.
Step 1: Decide if you really need a lawyer.
While it might be hard to believe, not everyone needs to hire a lawyer in order to get a divorce. If the divorce is simple and uncontested, meaning both spouses agree, and there are no assets, no children, and no spousal support issues, a dedicated, detail-oriented and persistent person with lots of time might actually be able to figure out the process,” says Steve Brodsky, who handles contested and uncontested divorces and who started his own firm (alawyerfortherestofus.com) in 2004 with the goal of providing low-cost legal services to people and businesses. In addition to the circumstances surrounding your divorce, the legal system in your state may play a role in whether or not you need a lawyer.
“Divorces are easier in a state like California which is very form-oriented,” says Robin Yeamans, a Family and Appellate Law specialist who has practiced law for more than 25 years. Conversely, it’s harder to represent yourself if you are in a state with a less systematic divorce process.
If you are considering filing for a divorce on your own, a good first step is to review the appropriate forms online by visiting the website of your state’s judicial branch.Ask yourself if you would be comfortable filling out these forms without legal advice. The forms and instructions can be confusing, so for questions, call the court. “While the court cannot give you legal advice, they may be able to provide helpful answers to procedural questions,” says Brodsky.
Step 2: Do the research.
If you decide to represent yourself in court, research and preparation are crucial. You may feel that you are automatically at a disadvantage if you do not have an attorney. However, it’s important to realize that people representing themselves sometimes perform better than inexperienced lawyers do. In fact, Yeamans, who has taught people to represent themselves in child custody cases, says, “When parents trained each other, they actually did better than many low charging lawyers.” In many cases, government or non-profit organizations can give you free advice on how to file for a divorce on your own. “Call the local court to see what kind of help is available,” says Brodsky. “There are also community-based organizations in many areas, which provide advice and assistance to self-represented and/or low-income people.”
Step 3: Seek a middle ground.
Maybe you feel comfortable filling out forms by yourself but would still like a professional to help with some areas of your divorce. Asking a lawyer to help with the more difficult aspects of your divorce is a good way to get the legal help you need while avoiding the cost of full representation. “In California, some lawyers will provide ‘unbundled’ services, meaning you only pay the lawyer to do one or more specific aspects of your case,” says John D. Hodson, who has practiced Family Law for 16 years and is a member of the Executive Committee of the State Bar Family Law Section. If you have limited resources, that is one possible way of getting the help you desperately need, while still representing yourself on the less complicated issues.”
Step 4: Get a consultation.
A consultation is a good way to evaluate the details of your case before committing to paying an attorney’s refiner and hourly fees. “And if you cannot even find the money for a consultation, at least visit the Family Law Facilitator (in the courthouse) or a legal clinic – something – to get advice from a lawyer,” says Hodson. “Do not settle for a document preparer or a ‘paralegal.’ Talk to a lawyer.”
Step Five: Seek free or inexpensive legal help.
In some cases, going through a divorce without a lawyer is simply not an option. If you have children, have been married for many years, or anticipate a contested divorce, you should probably seek full representation. Most states have organizations like the Maine Volunteer Lawyers Project that provide legal aid to low-income or disadvantaged people. If your case meets the organization’s requirements, it may be able to provide you with a lawyer at a free or discounted rate. Ask your court or bar association what organizations are available in your state.
Step 6: Find other ways to cover the legal fees.
You may also be able to force your spouse to contribute to your legal fees. “In states like California, where I practice, this is provided by case law and statute, so that — for example — if the spouse with a job and income leaves, the other spouse who is left without job or income can ask the court to order the affluent spouse to pay his/her fees and costs, so as to ‘level the playing field’ and equalize access to the courts,” says Hodson.
Step 7: Consider hiring a low-cost attorney.
While low-cost lawyers are not abundant, affordable legal help is available to those willing to do due diligence. “My firm charges $349 plus court fees for a simple uncontested divorce,” says Brodsky. “Many other lawyers charge $1,500. For contested divorces, our hourly rate is $125, about half the price of the average New York lawyer.” To locate a low-cost lawyer in your area, ask your court to refer you to one. Many government-sponsored organizations can also refer you to low-cost lawyers if you do not meet their requirements for free representation.
About the Author: Kathryn Kohl is a freelance writer from New York City. She has written for print and online publications about topics ranging from farmers’ markets to fashion.
