I have wise words for all those who are going through the divorce process; choose your path wisely.
I say this from years of experience and hundreds of client cases. Consider the following facts:
- Only a small percentage of divorce cases are actually litigated.
- You will lose control of the outcome if your divorce is litigated.
- The cost of a litigated divorce case starts at $10,000 per person. An attorney that I know told me of a client case where the fees were over $150,000.
- There are rarely winners in litigation and the only people who usually gain are attorneys.
I could go on but, you are beginning to get my point. I can honestly count on one hand the number of my client cases that were litigated. Therefore, with over 500 client cases and five fingers on my hand you can see that it is a small number indeed. Oh, there has been a fair percentage that started that way and, some of the clients attorneys actually had court dates for the settlement division. But, as you have already learned, very few cases go before the judge. The problem lies with the final preparation for the trial, which usually starts about one to two weeks before the trial date. A case may involve retaining expert witnesses and having to subpoena numerous documents. The week before the trial date is usually pretty intense with an attorney working long hours to prepare. The problem is that few cases are heard before the judge – they settle a day or two before the trial is to begin. And, the client still has to pay his or her attorney’s fees for trial preparation even if it never happens.
The perfect situation would be one where you and your spouse freely exchange information and negotiate between yourselves, with your attorney’s advice. But, divorce is rarely perfect so here are some tips on how to avoid a large legal bill:
Provide your attorney with every financial document that you have. You should make copies of financial statements and receipts before you decide to separate. By doing this, you will prevent legal bills later if you have to subpoena these documents.
Work as a team with your attorney. Don’t expect the attorney to do everything. You need to be very proactive.
Don’t use your attorney as a therapist, financial planner, CPA or other professional. Your attorney’s expertise is in knowing the law and working in your best interest.
KISS – keep it simple stupid. Call your attorney when necessary to answer questions or provide information. See number 3.
Tell your attorney what you want. He or she isn’t a mind reader and can’t assume they know what is best for you.
Use any professional for their expertise in their own field and don’t be shy about paying for a consultation. You don’t need to give a large retainer to everyone who helps you.
Remember to stay in control and don’t become a victim. This is your future, not anyone else’s.
