What Adds Expenses to Obtaining a Divorce?

If you've decided that it’s time to get a divorce, one of your biggest concerns is likely how expensive the process can be. Between the court filing fees, attorney’s fees, and the cost for things like expert witnesses, it can really add up if your case becomes a drawn-out fight. What can you do to lower your divorce costs and make a tough time in your life a little less painful on your wallet? Here are a few suggestions.

Know the Divorce Laws in Your State

Divorce laws are controlled by the state where you live and change frequently. One recent trend has been for states to eliminate or limit the separation period before parties can divorce or change the rules so that the waiting period can take place while parties still live under the same roof. This saves you from having to establish two separate residences while you wait to divorce.

Another recent change in family law in some states is to allow for no-fault divorces in more circumstances. This allows parties to resolve their issues without having to point the finger at each other, which typically takes less time (and consequently less expense).

States with the Highest Divorce Costs

Depending on the state where you live the fees and costs to get a divorce may be different. Almost every state has a residency requirement before you can get a divorce, so you may not be able to change where you can file. Still, it's worth it to take a look if you have options.

Not surprisingly, states with a higher cost of living like California and New York tend to have higher overall divorce costs. But, by itself, where you live doesn't always determine how much you spend on divorce. For example, states like Rhode Island and Georgia also have high court fees, but people generally spend less on divorce in those states than in California or New York.

The reason higher cost of living states increase divorce costs is pretty straightforward: everything is more expensive (and not just lawyers' fees). It makes it economically worthwhile to argue over who gets the house if the house is worth a lot of money. People in higher cost-of-living states also tend to have more income, which they can use in their divorce to better their situation.

More important than where you divorce is how you divorce.

Ways to Lower Divorce Costs

The biggest way to lower your divorce costs is to come to an agreement with your spouse. This agreement should include how you want to handle any child custody issues (both when the child will spend time with each parent and who will make legal decisions for the child), child support, the division of property (like real estate, accounts, cars, and furniture), and spousal support (also known as alimony).

You can try and work through these issues together or you can go to a mediator who can help you figure things out. A mediator is a neutral party who is trained to help people work through their disagreements. Even agreeing on only some issues will help because it saves time and money and allows you to focus on issues where you and your soon-to-be ex-spouse disagree. It is good to talk to a divorce attorney for legal advice even if you ultimately work things out yourself as some things like military retirement and real estate transfers can be complicated. The attorney can also tell you how to finalize the divorce by explaining the court process for uncontested cases.

Know Your Goals

Knowing what you want to get out of a divorce can also help lower costs. Many times, divorce costs increase when the goal is not related to money. For example, some parents' highest priority in divorce is getting more time with their children, even if it costs them money. Whether it's worth it to fight aggressively over custody is something that depends entirely on the circumstances of your divorce.

If both parties to the divorce agree that saving money is important there are a lot of ways to lower costs. Unfortunately, however, this does require cooperation. But even still, if you know entering negotiation what areas you are willing to compromise on, you can often reduce the time and expense of divorce.

Help Your Own Case

If you cannot come to an agreement and have to go to trial, it will save you attorney’s fees if you provide all of the evidence your attorney needs in an organized way when they ask for it. This will probably include things like statements for bank and retirement accounts, emails, text messages, and photos. The more organized and complete these items are the less time your attorney or their staff need to spend figuring them out or requesting them. In turn, your upfront work will cost you less money.

You Have Some Control

There really is no "best" or "worst" state to get a divorce in. Nor is there a one-size-fits-all plan for lowering the cost of divorce. But, the good news is that you do have some control over costs. It's your divorce, so you get to set the goals you want to reach. If those include lowering costs, you can work with your attorney and soon-to-be-ex to save money. While things like filing fees and living expenses play a role, a much bigger factor is whether it makes financial sense to compromise or to protect your financial future by insisting on certain assets or custody arrangements.

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