HOW TO SAVE MONEY IN DIVORCE

Just as the leaves fall off of the trees as autumn turns to winter, the romance of a marriage can also shrivel and die. Perhaps you did not know each other as well as you thought. It could be that your interests just grew apart. It could be alcohol or drugs. It could be financial issues. There are thousands of reasons a marriage ends. But in the end, there is the divorce.

Most clients really cannot afford an expensive divorce, or one that is long and drawn out. They are financially strapped, preparing for a household that now has less income to cover the bills. They are emotionally exhausted and weary from the struggles of trying to hold their marriage together.

Clients want to know how they can save money in a divorce and how they can make it go faster. Of course, it is far faster and cheaper if the client has already agreed to the division of assets, debts, child custody, and child support with their soon-to-be ex-spouse. This article assumes the client and their ex do not agree.

First, clients need to understand the basic process of a divorce. Once a Complaint is filed, their ex needs to be Served. This means that they need to get a copy of the Complaint, Summons, and any other documents filed in the case, through a method approved by the Court. If the client knows where their ex-spouse lives and works, this can save a lot of money on Service of Process.

This can also save the client time. Most jurisdictions allow up to 120 days to serve process on the opposing party. This can be extended, by a motion and order filed before that 120 days lapses. But if the client has a good address for their ex-spouse, it will save time in trying to get them served.

Once their ex-spouse is served, they have 30 days to file an Answer with the Court. A few jurisdictions only give 20 days, but Arkansas, where my firm is located, the ex-spouse has 30 days. This is an unavoidable time period. Their divorce will not go faster than 30 days from the date the ex-spouse is served. (Even if they agree and sign a Decree, it will not get entered before that 30 day time period passes.)

The next phase of a divorce is the Discovery phase. This is where both sides get documents, witnesses, and evidence together. Discovery takes a lot of time, and as a result, costs a lot of money. This is where clients can really save money.

Clients will need to show the assets and debts of the marriage. Most marital fights are over money, even if it is disguised as child custody. If they have children, or one party is claiming alimony, they will need to show their income and bills. A client should be prepared, before filing divorce, with this information. So what items should a client already have?

· The last 3 to 5 years of State and Federal Tax Filings

· Copies of all monthly household bills

· Copies of all deeds to property and titles to vehicles

· Location and account numbers for all bank accounts

· Location and account numbers for all credit cards

· A recent credit report

In Discovery, clients will be asked about their witnesses. The client needs to be able to prove their grounds for divorce and all claims they are making for property, child custody, debt, child support, and alimony. Witnesses are key to these claims. A client should have the names, addresses, telephone numbers, and email addresses of all witnesses written down for their attorney(s). A client should also write a brief summary of what that witness saw and heard that they can testify about. This includes experts, such as a child’s counselor or doctor, or the family accountant.

On a side note, most jurisdictions also put in a place a “Standing Order.” This Order will tell the parties what they can and cannot do. Typically, once a divorce is filed, neither party can sell marital property or cancel accounts, such as cellular telephones and car insurance. Following this basic principle can save a lot of trouble and keep a client from getting hit with a Contempt of Court action. A client should split up the car insurance and phones before filing for divorce if they will not be able to afford these bills once fully separated and living without the other spouse’s income during the divorce proceeding.

Contempt actions can be a big problem in divorce. The parties are often distressed and very emotional, with good reason. But harassing the other person, or just generally being obnoxious to them, can affect the outcome of the divorce in general. It may even affect child custody or the division of assets. Clients should treat their ex-spouse with dignity and respect, no matter how frustrated they become. Clients should take time to answer text messages and emails so they can think through their answers before firing off something they will regret later. A judge will probably read your emails and texts.

Once each party has their evidence exchanged and Discovery is complete, the parties may be able to settle. Requesting a settlement conference with your attorney can save you money. Let your attorney know what your best outcome is. Let your attorney know what you will not settle for. Let your attorney know the things you are willing to be flexible about. Many clients find that their divorce can be settled, even if they thought it could not.

Clients may wish to consider an attempt at Mediation. Although Mediation does cost money, it is typically far cheaper than a full out trial. Even if every issue cannot be settled in Mediation, some issues can be resolved, which will cut down on issues for trial. For instance, one spouse may have a boat while the other spouse does not like to go boating or fishing, and really has no need for a boat. Each spouse may have their own vehicles which they habitually drive, so there does not need to be any fight about who gets what car. One spouse may have more in retirement, but instead of giving part of that to the other spouse, they may agree to put it in trust for the kids. This list of examples is endless, but there are usually things that can be agreed upon prior to trial, which saves time and money by limiting the issues for trial.

In the end, divorce costs money. But a client can save money with some basic preparation, as outlined above. If you are considering divorce, please call our office for a consultation.

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