Divorce: What You Need To Know

A couple sits facing each other in an empty room.

There are many reasons that couples seek divorce, and while divorce can often be a good thing in the long run, it is important to protect your rights and assets, no matter how amicable the split is. If you are considering divorce and worry about the costs of a divorce lawyer, our legal subscription plans may be right for you. Your provider attorney can give you advice and answer questions, write letters and compose statements and court documents on your behalf, all for one low, monthly fee. In the meantime, here are some important issues to think about if you're thinking about divorce:

A Contested Divorce

A divorce is contested when there are issues related to the marriage that the parties cannot agree upon. Common areas of dispute include property division, child support, visitation, child custody, spousal support, and other assets. These can include bank accounts, insurance, investments, real property, retirement accounts, automobiles and other vehicles, and more. During a contested divorce, there is a period of extensive discovery, in which ownership records must be provided, usually going back for several years prior to the divorce, and sometimes, decades. This can drastically increase the cost of getting divorced, and the more that the parties fight, the longer it will go on, and the more that it will cost.

Counseling

When couples have minor children, divorces can be particularly contentious, regardless of whether or not the divorce is contested. Divorce counseling can help parents by creating an atmosphere where negotiation and compromise can happen, minimizing the impacts on the children, improving communication, establishing a parenting plan, and, ultimately, saving you time and money.

Mediation

Divorces can be emotionally draining, and contested divorces - ones in which there are areas of dispute, such as child custody, child support, spousal support, property distribution, etc - even more so. Many attorneys charge a minimum retainer of $3,000 or more just to begin working on a contested divorce, and can charge rates up to $450 per hour. Mediation early in the process can reduce or even eliminate contested issues, allowing couples to agree on compromises and saving money for both parties. Approach mediation with your list of items, but also be willing to compromise where you can.

Spousal Support

While some states have a formula for dealing with property division and spousal support, some states do not, and this makes some contested divorces unpredictable. Your provider attorney will be able to help you understand the laws in your state as they pertain to your particular situation.

Separation

In some states, a "no fault" divorce requires the parties to live separately and apart for a set period of time before the divorce is finalized. This period can be extended if the divorcing couple has minor children of the marriage.

What Is The Court's Role?

The courts dissolve the marriage, distribute property, and ensure the best interests of any minor children are addressed. Courts will not "punish" a spouse.

There are many and varied issues and details that can affect the emotional and financial costs of getting a divorce. If you are considering divorce, you can call your provider attorney at any time and ask an unlimited number of questions pertaining to your divorce at no additional charge. Learn more about our legal subscription plans for individuals and families, or sign up today!