We all read or hear the news. We are all aware that the economy is in very bad shape right now. One angle to the news that I am starting to hear a lot is that couples are putting off divorce because it is simply too expensive. Going from two incomes to one is hard even in the best economy but I think it is a serious mistake to postpone a divorce for financial reasons. Let me be clear: divorce is never easy financially; there is always an adjustment.
On many occasions I have talked with a potential client on the phone or face-to-face and advised them to seek counseling. Even though I practice in divorce law that doesn’t mean I always think divorce is the right option. But I must also be honest and say that a broken marriage should not be extended for financial reasons alone. I do not think a price tag can be put on happiness, and I think that the greater cost is being in an unhappy situation. We aren’t nearly as productive or willing to take on new challenges — which often mean new, and greater rewards — when we are in a miserable situation. If you are staying in a marriage purely for financial reasons that perhaps is the biggest indicator that it is time for a change!
Be smart about divorce. Instead of using the economy to stay together use the economy to make thoughtful decisions. Here are a few ideas for being smart in a tough economy:
1. Interview three or four attorneys before making a decision. If an attorney is worth his or her salt he or she will be will to at least chat on the phone or over a cup of coffee. Be comfortable with the person that will be representing you and guiding you through this incredibly difficult.
2. Ask about an attorney’s fee structure. Most attorneys operate using the “billable hour” method. This isn’t necessarily a bad thing. But those attorneys that are willing to try alternative methods such as flat fees might be worth more investigation. Personally, I have worked with clients to find solutions that work for both the client and myself.
3. Get organized. Clients that are willing to retrieve documents and do the “homework” that comes with a divorce are saving themselves money. In Massachusetts there is a great deal of documents that must be produced automatically. Too often attorneys must beg clients to get these documents in order which just delays the process and when you are paying by the hour this means cost to you. Plus, it can look good to a judge or even the opposing counsel when you and your attorney are prompt — it shows a willingness to cooperate which goes a long way in a divorce. While you are interviewing attorneys start making copies of important financial documents (past tax returns, bank statements, credit card statements, mortgage papers, etc.) so when you do retain counsel you will be ready to move.
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