Paying high divorce fees is usually the result of not understanding how divorce actually works in the legal system.

On Monday, I represented a client in a divorce trial.  This couple is not a wealthy couple.  They are hardworking people with decent earnings, and they have older children.

At trial the Husband testified that he estimated he spent between $10,000 and $15,000 in legal fees.

Because of scheduling issues related to the pandemic and the court, this divorce took almost two and half years to get to trial.  Technically, the case is not over yet because the judge has to issue the final judgment, letting the parties know how he will divide the marital property and debt.

I represented the Wife.  She tried repeatedly to settle the case by keeping less property and keeping more debt.  She wanted the case to be over.  As far as I’m concerned, she was the more reasonable party, not because she was my client; but because she understood how long a divorce can take to go to trial.  She also understood the cost in time and money only to end up waiting for a stranger—the judge—to make decisions about her life with only a few hours of information gathered from the evidence presented.

Avoiding High Divorce Fees

Many couples headed for divorce misunderstand the divorce process as to cost and available options.

These misunderstandings include:

• Divorce trials are very expensive.  It is not about legal fees only.  It is also about the cost of getting evidence to prove your case. Trials are not decided only on what you say—your testimony—or on any old paper related to your assets or debts.  You have to go through a process to get documents that can be admitted into evidence.  To get these papers, you have to pay to serve subpoenas for those documents, and then pay the company or party for the cost of providing those documents.

The above process is just preparing for trial.

• Second, before you get to trial, there are all sorts of problems between you and your spouse that may force you to go to hearings before a trial.  Hearings are a lot like mini-trials.  That means more legal fees, more costs, etc.

• Divorce laws and judges give you a way out of expensive divorces.  Our Florida divorce laws let you short-circuit the divorce process by entering into an agreement.  What’s more, judges require you to go to mediation before trial.  Mediation gives you an opportunity to settle the case before you go to trial.   This will save a lot of time and possibly a lot of money in fees and costs.

But you don’t have to wait to be ordered to mediate in your divorce.  You can do a settlement before you even get into court.  Or even after the divorce is filed but before getting an order for trial.

Getting Your Divorce Done Without a Trial

The process to getting your divorce done without a trial is what an uncontested divorce is all about.  Uncontested divorces are all about negotiating with your spouse, either directly or with a lawyer helping you.

An uncontested divorce doesn’t mean you give up rights or necessarily get less.

It does mean that you know what your rights and obligations are under the law.  For this, you will most likely need a divorce lawyer.  It also means that you make decisions about your divorce keeping in mind those rights and obligations.  And then you negotiate, keeping in mind that neither you nor your spouse will have a great likelihood of getting everything they want in a trial.

There is a Spanish saying that roughly translates to “a bad deal is better than a good lawsuit.”  I have to agree with that, even though I make my living as a divorce lawyer.

Conclusion

You have options for your divorce, other than just opting for a long and expensive process.

If you are considering a divorce and want to explore your options for an uncontested divorce for a flat fee, please visit MiamiDivorceOnline.com.  You can read about how to get it done without a trial, and even make an appointment right on the page to discuss if this option is available to you.

On the other hand, if you suspect your spouse will litigate no matter what, consider a case assessment session to evaluate your situation.