1 June 2019
The Divorce Checklist
Divorce can be tumultuous and stressful. It can be an emotionally overwhelming process as you navigate the unknowns of dissolving a marriage and starting a new life. Family and friends often have at least one horror story to share about how expensive and horrible their divorce was.
As with most daunting tasks preparation is key to a successful outcome, and this article will outline the most important aspects to consider before you take the difficult step of embarking on your divorce.
1. Learn as much as you can about the legal process
Knowledge is power, and nothing can set your mind at ease more then knowing what to expect.
Start by chatting to friends and family who have been through a divorce. Find out about their experience and what they learnt during the process. Bear in mind that they may not want to share all the details of their divorce when asking.
If you do not have any friends who have gone through the divorce process you can also turn to Google for information. Be smart about the way you formulate your searches and check the sources of anything you read.
A sensible approach would be to search for key phrases such as what is a contested and uncontested divorce, or what a marital regime is. The more informed you are about your rights and options, the more easily you will be able to navigate the road ahead with your attorney.
2. Get your financial house in order
One of the most important steps of your divorce checklist is to make sure that you understand your financial position and how it may change over the short term. This will give you an idea of the lifestyle that you can maintain during the divorce and how much financial resources are available for the divorce process.
If you and your spouse are still living together, start looking at your budget and considering how your life will work during and post-divorce. For starters, you may need to find a new place to live or fund the household costs alone during the divorce process.
Consider how the divorce process may affect your children and routines such as going to school or extra-mural activities over weekends as this will have an effect on your budget.
Draft a spreadsheet which sets out your financial information – including your monthly expenses, earnings and any savings that you have – in order to understand your financial position and how much financial support you may need to ask for from, or provide to, your spouse.
This is one of the first activities that your attorney will ask you to do and any work done in advance will save on attorney’s fees.
Be sure to download our free financial spreadsheets here to help you with this process.
3. Find out what your divorce might cost you
Most clients have reported that the most terrifying part of the divorce process was the unknown (and seemingly ever-increasing) legal costs. Attorney’s fees are a grudge purchase. To set your mind at ease, make a list of top law firms and call them to enquire about their rates and services.
Very few attorneys will give you a final price as they cannot predict how complex or contentious a divorce will be before they have spent time getting to grips with the case.
Enquire about whether they have an all-inclusive fee for uncontested divorces. A set rate for uncontested divorces is increasingly popular among law firms as many divorces do not end in drawn-out legal battles, with both spouses opting for an amicable and simple settlement.
Should the divorce be contested most attorneys will charge an hourly rate although comparison can be difficult. A commercial attorney’s hourly rate may be much higher than that of a litigation attorney. Similarly attorneys working for large law firms may also charge a premium for their firms’ letterhead.
An attorney’s competence does not always increase in line with their hourly rate. Be sure to appoint an attorney who specialises in family law matters as you do not want to pay for an attorney to gain experience (and possible make mistakes on your account) in the field.
Ultimately the cost of your divorce should always be dictated by yourself and you are entitled to set a budget for the process. Be frank with about what you can afford and enquire about whether your attorney is prepared to work within your budget.
4. Find the right attorney for you.
Attorneys are there to help you through a difficult process. You should have a good working relationship with your attorney that is deeply rooted in trust. Should your divorce be contested you will have to share intimate details of the marriage with your attorney.
The best starting point is to ask for referrals from friends and family who have gone through the process. They will often be able to refer you to an attorney who helped them through their own divorce.
If you do not wish to let friends and family know about the potential divorce you can read reviews and internet forums to find out about law firms in your area.
Compile a short list of three potential law firms and contact them to schedule initial consultations. It is well worth paying for these initial consultations, if your budget allows, in order to find the perfect attorney for you.