Top Three Hidden Costs of Litigated Divorce
Top Three Hidden Costs of Litigated Divorce
Ever heard the saying, “Why is divorce so expensive? Because it’s worth it.?” While I’m sure this was intended to be a joke, the reality is that litigated divorce in the United States can be astronomically expensive. According to divorcestatistics.info, in the United States, divorce is a $28 billion industry. Yes- billion- with a b. And while many attribute this high number to attorney fees, this is only one part of the equation. In a litigated divorce, versus the Collaborative Divorce process or mediation, the fees mount even higher due to circumstances beyond your control. Read on to uncover the top three hidden costs of moving forward with divorce in the courtroom and think about what other hidden costs there might be.
Lost time at work: Most people do not realize how much lost time is actually spent in court on a traditional divorce matter. Let’s say that there are six (6) court appearances on your case for that year, from the preliminary conference to subsequent status conferences with the court personnel. This is over one week that you had to take off from work. And there is often very little accomplished during these appearances, where you may never even get to see the judge or the court attorney at all. And what if you do not have that available paid time off from your employer? Essentially, too bad. I have actually heard judges tell parties, point blank, when they complained about not having any more time to take form work, “then work this out because unless I have a signed settlement agreement on my desk, you are required to be here next time.” The courts do encourage settlement and choosing an alternative method, like Collaborative Divorce or mediation can help foster and accelerate these settlement talks.
Child care: What if you have young children who are not school aged and you are the primary caregiver? Or if your young children are in school but your next court appearance is during a summer break? Then you will have to make all child care arrangements in advance and you will have to shoulder that financial burden. There are also times when a court case runs well into the afternoon, when many children need to be picked up from the bus stop, from school or from after care. If the court case runs until 4:30 pm and your child gets out of school at 2:30 pm, are you able to make arrangements at the last minute for a sitter? If so, there may be costs associated with hiring a sitter. Children are not permitted in the courtrooms, nor would you ever want your children to be there, so this is a real concern for many families. And while most child care expenses are expected to be shared between the parents, these are still expenses that must be taken into consideration.
Other professionals: Often times, the judge may order that the children need an attorney to represent their interests. Or they may appoint a financial forensic professional to value a business. Or order a formal appraisal to be completed on real estate. Whatever the profession, they all cost money. This is money that you are expected to pay out, with your spouse, and often the matter will not move forward until these experts have completed their analysis and reported back to the court. You will be required to sign a retainer agreement with each other professional and you will be legally bound to the terms within the agreement. This takes the choice away from you and your spouse and leaves it up to the court to decide on who to use and leaves it up to that professional to move in a fair and timely manner.
These are only three of the hidden costs that may come up in a litigated divorce, although there are certainly many more. What other costs might your family encounter should you be in the court to get a divorce? Health care costs? Perhaps transportation costs? The reality is that you and your soon-to-be ex-spouse have options. By choosing the Collaborative Divorce process, divorce mediation or even a negotiated settlement, you never have to go to court. If your case remains outside of the courts, you can schedule meetings around your calendar, you can make many of the meetings virtually, you can take your time to set the next date to make decisions or exchange documents and you can choose which other professionals, if any, you want to be included. The power is in your hands when you settle matters outside the courtroom, saving you from the burden of these hidden costs. If you or anyone you know is thinking about divorce, please explore the options of Collaborative Divorce and mediation.
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Your family deserves Collaborative.
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