| As a divorce professional, I hear a lot about | | | | to file papers requesting a court hearing |
| how easy it is to get divorced. I'm assuming | | | | when really a settlement conference would |
| that the people who say this have never been | | | | make more sense. Again, it probably all comes |
| divorced, because after 19 years in this | | | | down to whether you're ready to reach an |
| field, 12 as a divorce litigation attorney | | | | agreement and whether you're emotionally |
| with the nickname "Jaws", I don't think | | | | prepared to reach an agreement. |
| there's anything easy about divorce at all. | | | | |
| | | | Nowadays there are a variety of ways to |
| Emotional toll and costs aside---and we all | | | | resolve the dissolution of a relationship: |
| know people who have paid too dearly with | | | | Alternative Dispute Resolution models |
| these non-monetary factors-divorce can get | | | | including self-help, paralegals, mediation, |
| expensive fast. | | | | Association for Conflict Resolution, and |
| | | | Collaborative Divorce, Collaborative Divorce |
| Lots of clients ask how much their case will | | | | have all entered the modern day lexicon in |
| cost. It's hard to estimate a total for legal | | | | addition to the traditional divorce |
| fees before a case begins because it's hard | | | | litigation model. |
| to know how long it will take. There are some | | | | |
| predictors, however: acrimony and | | | | These estimates are based on my 12 years of |
| agreement-readiness. | | | | experience as a divorce litigator followed by |
| | | | 7 years in a mediation-only law practice. |
| The single best predictor of the cost of a | | | | They're Los Angeles numbers, so if you live |
| divorce is acrimony. The more unresolved | | | | in a more rural area you can reduce these |
| emotional business, the more expensive the | | | | estimates by 30% to 50%. The contrast is |
| process gets. Ironically, it's rare that the | | | | still the same, though: you can save a great |
| reason people end up in court is because they | | | | deal of money and time, as well as stress, by |
| have a legal question which needs the helping | | | | using mediation before choosing litigation. |
| hand of a judge. People end up in court | | | | |
| because they've stopped talking, there are | | | | Here's the chart that lays it all out: |
| too many hurt feelings, or because they don't | | | | |
| know of any other way to end their | | | | Chart of Cost of Mediated vs. Litigated |
| relationship. | | | | Divorce |
| | | | |
| When both spouses are ready to get divorced | | | | * Think I've exaggerated the costs of |
| and want to reach an agreement, fees | | | | litigation? Consider this quote from the |
| generally stay low. Even if you have | | | | presiding judge of the Los Angeles County |
| complicated finances or a complicated | | | | Superior Court at the Beverly Hills Bar |
| parenting plan, solving a divorce case is | | | | Association meeting in September 2002: "By |
| mostly about willingness to try to agree. | | | | the time we see [divorce] cases in court, |
| | | | most people have spent all of their community |
| Lots of people pin the high costs of divorce | | | | assets on the divorce itself. By that time, |
| on the lawyers themselves. I suppose | | | | we're just dividing debts and allocating |
| sometimes that's true, (Frank letter from | | | | attorney's fees." |
| divorce lawyer about why folks practice like | | | | |
| they do) but if you're using an ethical | | | | ** For this calculation, I've used a 4% |
| lawyer, generally the costs become high when | | | | simple interest rate and subtracted the cost |
| clients ask the lawyer to help in ways that | | | | of mediation from the cost of litigation. |
| the lawyer isn't trained to help. Bills get | | | | This figure represents the amount of money |
| high when clients call every time a question | | | | you'd save by mediating your divorce instead |
| pops into their minds, rather than saving | | | | of litigating, and how much that savings |
| questions on a notepad by the phone to ask | | | | would be worth if you invested it at 4% |
| all at once. Or, clients will ask the lawyer | | | | interest for 20 years. |