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Controlling The Cost Of Divorce

Like many women, you're probably worried about the cost of divorce, and this is certainly justified.  Our financial expert offers some options to consider that can make getting a divorce somewhat more affordable.

Tami's Question:  What is the cheapest way to get a divorce? 

Timothy's Answer:  When it comes to divorce people tend to fight about two things – money and the kids. Divorce is not cheap. I have recently seen statistics that show the average cost of divorce in the U.S. is now $20- $40,000. It does not make sense for someone with little to no financial assets to obtain such a costly divorce.

Fortunately, there are many ways to dissolve a marriage that can be less costly. Traditionally, a couple seeking a divorce will hire an attorney to represent them. The cost of obtaining counsel can be significant and will always require an up front retainer fee for representation.

More recently, alternative dispute models have been gaining in popularity. Mediation is often the least costly option, but it requires a couple to solve their own issues. A settlement is drafted and is based on what each party considers is fair. An attorney is often used to review the paperwork. While it may be more cost effective, it would not be an appropriate choice if one spouse was dishonest. Collaboration is a team of professionals who help couples dissolve their marriage out of court. It too can often be less expensive than the traditional method.

Some couples chose to do their own divorce as a way of uncoupling. This method is referred to in the legal community as pro se. While I always recommend you seek counsel, if costs are a concern you can look to mediation which tends to be less expensive. Many of the divorce mediators I know can start and finish a divorce in less than eight hours. Depending on their hourly rate, this can be a less expensive way of approaching your divorce.

Of course doing your own divorce is perhaps the least costly, but the long term costs associated with not getting good advice can cost you for the rest of your lives. Unless you went to law school to practice family law, I would not recommend you do this. There is a reason attorney’s go to school for three years. To think that you can learn what they have over that time and apply your knowledge to perform your own divorce is like the old adage which states “One who represents himself has a fool for a client.” My advice would be to seek a mediator and share with them your financial concerns. The mediation firm I am a volunteer at is a non-profit and often has resources for those who cannot otherwise afford to pay higher fees. You may have a firm in your area which might do the same.

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Related Articles:
How To Save On the Cost of a Divorce
I Can't Afford A Divorce
Collaborative Divorce Alternatives
Also see:
More financial questions and answers

Timothy McNamara is a certified divorce financial analyst, specializing in the financial issues that couples and individuals face when their marriage ends. Having gone through a divorce himself, he is passionate about helping people understand and manage the complicated financial issues divorcing couples often face.

This column is not intended to take the place of professional advice, but rather to provide financial information about the various issues that arise in a divorce.  For specific recommendations concerning your situation, you should retain an experienced certified divorce financial analyst who can answer your questions based on the details of your case.  WomansDivorce.com, Timothy McNamara, and Tracey Manzi disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for professional advice.

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