Getting a divorce can be very stressful, especially since most people do not have a plan for the occasion. Aside from the emotional fallout, one of the most affected areas of your life during divorce is your finances. A contested divorce, where the couple uses lawyers to split every possession, is a no-win situation for everyone but the lawyers. Their fees continue to accrue to sometimes astronomical amounts. You can get a quick and cheap divorce, but it requires a bit of work and some cooperation from your spouse before acquiring legal assistance.
Step 1
Make an itemized list of everything in your home, room by room. Review the list with your spouse and determine an equitable split for every item. For small decorative items, place a piece of masking tape on the bottom of the item with the appropriate person's name written on the tape to make it easier when packing. If your spouse is unwilling to cooperate, impress upon him the hourly rate charged by attorneys, which you are attempting to avoid.
Step 2
Study state laws concerning divorce in regard to property division, child support and alimony. Make a list of the laws that are relevant to your situation, and estimate amounts required for child support/alimony payments. Review the information with your spouse and decide on a monthly settlement figure that lies within state guidelines. Do not waste money challenging the minimum figures and percentages set forth in state law.
Step 3
Discuss child custody arrangements. Be aware of state law concerning child support payments based on child custody arrangements. Although the situation can be volatile, always try to put the best interests of the children first in your discussions. A parent who works extensive hours who seeks full custody of children from a stay-at-home parent solely in order to avoid large child support payments is unlikely to be looked favorably upon by a judge. Do you best to make a logical, passionless decision concerning the welfare of your children.
Step 4
Assess your investments and assets to make an equitable distribution. For example, you may choose to give your spouse the family home in exchange for a savings account to cover your share of the equity. You should also assess the viability of selling the family home if the cost of maintaining it is too much for one person.
Step 5
Search for attorneys who charge a flat fee for uncontested, pre-settled divorces, sometimes referred to as "agreed-upon" divorces. Most attorneys offer a free consultation for you to ascertain the process and the fees. Explain the divisions you and your spouse have decided upon, and ask the attorney's fee for preparing the divorce-filing paperwork. If your spouse is agreeable, the entire divorce can be accomplished with one attorney, saving you the cost of a second attorney, whose only obligation would be reviewing figures you've already decided upon.
Step 6
Hire the attorney who you feel will do an expedient job and who charges a reasonable fee for the service.
Tips and Warnings
- If you and your spouse cannot come to an agreement on the division of assets or child custody, you should attempt mediation before trying to settle your case in court. Mediation often costs considerably less than a full-fledged court battle.
Things You'll Need
- State divorce laws
References
- MSN Money: 10 Keys to a Truly Cheap Divorce
- "Divorce & Money: How to Make the Best Financial Decisions During Divorce"; Violet Woodhouse, Dale Fetherling; January 2009
