A Smart, Analyitical Approach to the Law
AGREED DIVORCE DOESN'T HAVE TO BE EXPENSIVE - IT CAN BE COST-EFFECTIVE AND SAVE YOU MONEY IN THE END VERSUS A PRO SE DIVORCE
You and your soon to be ex-spouse may agree that it is time to split up and even have an agreement on how you want to divide your property. Maybe you do not have any children together, or you do, but you agree about conservatorship, visitation, and child support.
This is the situation frequently with couples who have not been married exceptionally long or have not made many large purchases together or have significant debt. Or maybe you are not married, but have a child together, but agree as to how the child will be raised after you separate.
You are cost-conscience, make good decisions with how you spend your money, and the last thing that you need right now is to waste a lot of money on a lawyer. You ask yourself, “if I am in agreement with my ex, why would I need a lawyer anyway?”
The answer to that question is because you do not know what you do not know. Although some lawyers can overcomplicate your situation, hiring an attorney who understands your situation and respects your wishes can save you money and trouble in the long run.
You do not have to spend thousands of dollars on a divorce or suit involving your children if you and the other party agree. You do, however, need to have an enforceable and final document at the end. A divorce decree or agreement does not have much value if it is not written in language that make it able to be enforced, and a document that is unclear as to what or how property is being divided can open you up to litigation in the future.
The forms that you can download off the internet, that may appear to be working out for your friend who did his divorce that way, can cost you much pain and money down the road.
A divorce does not have to be tremendously expensive. Family Law attorneys generally work on an hourly basis and will bill you for their time and for expenses. Both can be significantly reduced if the parties are in agreement.
Most attorneys in a Divorce will ask for some money up-front and put it into a trust account. This is still your money until the attorney earns it by spending time or paying for expenses (such as filing fees and service fees). Most attorneys will want to get enough money into the trust account to cover the fees for at least most of the case, so that they do not have to keep asking you to deposit more money (although this may happen).
If parties are agreed at the start as to the terms on their divorce and remain in agreement, then the matter will require far less time to work out. The case may require just a few hours of attorney time, service of process may be able to be waived, and there is most often not a difference in filing fees if an attorney files the case or the parties file it themselves. If the parties are in agreement at the start, it may not require a large initial deposit.
Investing in legal representation in a case where the separating parties are in agreement and do not have complicated property division or child visitation issues can be cost-effective, relatively inexpensive, and can give you the peace of mind of solid legal advice and a well-written enforceable decree that can avoid potential problems that pro se divorces may create in the future.
If you are in need of a divorce and you believe that the other party will be in agreement with you to the terms, and you would like to explore obtaining legal representation for a simple divorce, then let's talk. You can text or email Rich directly from this website if you would like to set up a consultation.
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