If you’re moving toward or are considering divorce, cost is no doubt a concern. Divorce is many things, and this includes being emotionally, legally, and financially challenging.
This is well established, but you may be wondering exactly how much a divorce is going to set you back, and the only truthful answer is that it depends on the unique circumstances involved, on your specific divorce goals, and on how contentious your divorce becomes, which can be difficult to predict early on.
The one universal truth about divorce is that it is always in your best interest to work closely with an experienced Round Rock divorce attorney from the start.
Striking a Balance between Cost and Outcome
When it comes to the cost of divorce, you shouldn’t focus solely on the legal expense. The fact of the matter is that a higher legal bill may support more favorable divorce terms that are well worth the expense – and can prove invaluable in the long run.
The bottom line is that it’s important to strike a balance between legal costs and outcomes in an effort to ensure that your financial and parental rights are well protected while your overall legal expenses remain manageable. And you’ll be pleased to know that there are things you can do to reduce your legal expenses along the way.
What Makes a Divorce Uncontested?
If you and your divorcing spouse are able to resolve each of the divorce terms that apply to your case without the court’s intervention in the matter, your divorce is considered uncontested. While no two divorces are alike, the terms that every divorcing couple must address – as applicable – include:
The division of marital property
Child custody arrangements, including both parenting time and legal custody – or decision-making authority
Child support
Alimony – or spousal maintenance
Any one of these – or all of these – can lead to a heated battle.
Negotiating Terms
When it comes to negotiating the terms of your divorce with your soon-to-be ex, you’re not expected to magically arrive at a mutual agreement on every point, but if you do, that’s great.
It’s more common for spouses to negotiate the terms that they can between themselves—with the trusted legal guidance of their respective divorce attorneys—and to engage more involvement from their attorneys regarding the terms that prove more challenging.
Mediation
If divorce terms remain unresolved, mediation can prove very helpful. At mediation, each spouse – along with their respective divorce attorneys – come together with a professional mediator who serves in the role of a neutral third party.
The mediator will proceed to go back and forth between you in an effort to build on those compromises that you’re each willing to make. Some of the primary benefits of mediation include the following:
It’s a far less formal process than going to court, which can help both sides relax a bit – which, in turn, can help each side focus more clearly on the important matters at hand.
It’s generally a less costly approach than going to court.
It’s less time-consuming than going to court because the court’s crowded docket isn’t an issue when it comes to scheduling.
It keeps decision-making authority in the couple’s hands – the results of mediation are only legally binding if both spouses sign off on them. If the couple does reach an agreement, however, the terms included will become legally binding once the court makes them part of their divorce decree.
Finalizing Your Uncontested Divorce
In order to finalize your uncontested divorce, you and your divorcing spouse will need to attend what is called a proving up hearing – in some situations, only one spouse is required to attend, depending upon the circumstances involved.
At this point, the judge will ask several basic questions about the divorce agreement you and your spouse present. The court’s goal during this brief hearing includes ensuring each of the following:
That the terms are fair
That both spouses are in agreement regarding the terms, which is not necessarily the same as being thrilled about the terms
That both spouses understand the terms addressed
As long as the judge is satisfied on these points, which generally is the case, they will issue an order that includes the terms you’ve agreed to in your divorce decree.
The Factors that Tend to Make a Divorce More Costly
While the most straightforward divorce in which both spouses are on the same page from the get-go can go off the rails, and while a hotly contested divorce that is heading directly for a long court battle can suddenly settle, there are certain factors that tend to make divorces more costly, including:
High assets generally make the division of assets more complex, and because there’s more to fight over, battles are more likely.
When high assets are involved, there is also more opportunity to hide assets or to otherwise engage in fraud on the community estate, which can take considerable effort to root out and address.
Divorces involving children who are still at home also tend to be more complicated – especially when the parents are at odds about who should fill the primary custodial role.
Financially lopsided divorces in which one spouse has far more than the other can also lead to considerable complications.
Finally, if your spouse is bound and determined to make your divorce as difficult as they possibly can, you should consider yourself in for a bumpy ride. The issues in these circumstances tend to be more about emotions than they are about the terms themselves, and if your spouse is willing to go to nearly any length to hurt you, you’ll likely end up in court fighting for your rights.
When it comes to divorce, there are no guarantees. Some divorcing couples both want to do what’s right – while still protecting their own rights – and other couples lose their focus along the way and are out solely for revenge.
Stepping back from your divorce and setting the course early on can make a significant difference in not only the outcome but also the legal cost, and your compassionate divorce attorney can help you make this happen.
Identifying Your Divorce Priorities
One thing too many people going through divorce fail to consider early on is what their goals are. A more common practice is going in with guns blazing and battling out every point – with no clear focus.
The bottom line is that some issues are more important and meaningful to you than others and simply pouring your efforts indiscriminately into every issue isn’t a great strategy – in fact, it isn’t a strategy at all.
You’re far better off determining what’s most important to you in terms of your divorce’s outcome and leveraging this in your negotiations. For example, if you’re invested in becoming the primary custodial parent and continuing to live with your children in your family home, identifying this as your priority can help you strategize a smoother path forward.
Too often, strategy gets lost in the emotions of divorce. Your divorce is a legal case, and having a clearly defined legal strategy will serve you well. Your practiced divorce attorney is there to help you flesh out a clear path forward that works for you.
How to Help Cut Your Divorce Costs
There are specific things that you can do to help keep the cost of your divorce down, and they’re worth considering.
Doing the Legwork
The more legwork you do early on in terms of gathering the financial documents necessary to proceed, the less work your attorney will need to put in as your case moves forward – when things tend to heat up and when obtaining the necessary paperwork can become more challenging.
Turning Down the Heat
Attempting to keep your divorce as civil as possible helps to ensure that you won’t waste money on unnecessary battles that you and your divorcing spouse could have resolved together if you’d kept the lines of communication open.
The fact that turning down the heat on your divorce is the right thing to do for your kids may help you find the inner strength you need to proceed as calmly as possible.
Staying Focused
Instead of viewing your divorce as a battleground, focus on the business end of things to the degree possible. This approach can help you continue taking the steps necessary to move your case effectively and efficiently forward – rather than getting caught up in divorce traps, which can come with big price tags without supporting your best interests.
The Terms of Your Divorce
One of the most important steps you can take when it comes to keeping the cost of your divorce manageable is fully understanding the applicable divorce terms and what they mean for you.
The Division of Your Marital Property
In Texas, everything that you, your spouse, or you and your spouse come to own while you are married is considered marital, which means it belongs to both of you. It doesn’t matter who bought the item or whose name is on the deed, and there are very few exceptions to this rule, including:
Gifts or inheritances that either of you received in your own name alone
The pain and injury portion of either spouse’s personal injury settlement – that was initiated during the marriage
In Texas, marital property must be divided in a manner that is just and right – or fair. This often translates to an equal division, but it doesn’t always.
The factors Texas courts turn to when determining the fair division of marital assets include all the following:
The size of the marital estate and the size of each spouse’s separate estate
The length of the marriage
Each spouse’s income and earning potential
The contributions each spouse made to the marriage, including in the form of caring for the home and children
Wrongdoing on the part of either spouse, which can sometimes play a role even in uncontested divorces
The tax implications of the proposed property division
Child Custody Arrangements
Texas addresses child custody in terms of both legal and physical custody, and the overall goal – barring circumstances that make this impossible – is keeping each parent seriously involved in raising their children.
Legal Custody
Legal custody determines how the parents will make primary decisions that relate to raising their children, and parents very often share legal custody, which can play out in each of the following ways:
Making the decisions together
Making the decisions together but one parent having the authority to break a tie when doing so is required
Dividing the decisions between the parents according to topic
Physical Custody
Physical custody refers to parenting time, and Texas courts prefer that each parent receives ample time with the children, which is considered in their best interests. One parent may, however, fill the primary custodial role while the other has a parenting time schedule.
Child Support
Child support is calculated according to state guidelines, and the courts deviate from these only when there is a significant reason for doing so. Very generally, this means that the parent with the higher income makes the child support payments – even when parenting time is divided evenly or nearly evenly.
Alimony
Alimony is only awarded in those Texas divorces that leave one spouse without the financial means to cover their own reasonable needs – in the context of the standard of living achieved during the marriage. If the other spouse has the financial capacity to help, alimony may be ordered.
Discuss Your Case with an Experienced Round Rock Divorce Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Round Rock divorce attorney who fiercely advocates for the financial and parental rights of all his clients – without ever losing sight of balancing expense with results.
Your divorce terms will directly affect your future, so please don’t hesitate to contact or call us at 254-781-4222 to schedule your free consultation and learn more today.