Seven Tips to help you keep more of your money at a time when you especially need it to support two households instead of one.
Educate yourself. Learn as much as you can about divorce and all related issues. The more you know, the less money you'll spend paying an attorney to educate you or get you out of the mess you unknowingly created. Research the divorce laws of your state, whether through a local law library or the internet. NCdivorce.com is the most comprehensive divorce website in North Carolina. The site features a discussion forum with questions answered by lawyers, a child support calculator, the latest cases from the North Carolina Courts, numerous essays and information on all divorce issues, seminar videos, and lots more. Reading the information on this site will dramatically improve your effectiveness and efficiency in interacting with your lawyer and negotiating with your spouse.
DO NOT LITIGATE. If you want to keep your money instead of giving it to a lawyer, go to court only as a last resort, only if all else fails. Try negotiation, try mediation, try collaborative divorce, try settlement conferences but do not litigate. You may win at trial, but at what cost? Litigation is destructive, expensive and gut wrenching. Litigate only if you have no other option. Litigation is, unfortunately, necessary in some cases. There will always be people that just can not agree no matter how hard you try. Reserve litigation for the most desperate situations.
Consider a Collaborative Divorce. If you and your spouse want the benefit of legal expertise without the threat of a court battle or the expense of drawn out negotiations between attorneys, consider this cooperative approach to ending a marriage. Creative problem solving helps couples resolve issues so that everyone gets more of want they want, with lower legal fees.
Make a list of all the things you and your spouse agree on first. By getting these things covered first you may be able to save money by only working with a paid professional to resolve the areas of disagreement. Plus, maybe you'll realize that you agree on all the major issues and the others aren't worth fighting over.
Don't sign a blank check. Signing an agreement with a lawyer that calls for hourly billing is like signing a blank check. Be careful. Let's face facts ? hourly billing encourages what? Billing! Find a lawyer who can tell you what your case will cost. The only way to be certain of your attorney fee is to get a firm commitment on a fixed fee. Short of a fixed fee you need frequent updates on the costs that you have incurred (if it were our money we would want daily, real-time, updates over the internet) and we would want the authority to accept or reject any action that would result in our paying more money. It just doesn't make sense to give someone the economic incentive to make your life miserable by dragging things out. Doctors don't bill hourly ? they charge you a fixed fee for your office visit or your surgery. Lawyers want you to believe that they can't predict your fee. If they won't tell you how much it costs then don't buy it.
Do a cost-benefit analysis. In divorce, it is easy to get caught up in the emotion and make all of your decisions from that vantage point. This can be a mistake though; spending some time analyzing your case from a logical, cost-benefit perspective can pay dividends. Keep your eye on the ball and stay focused on getting the divorce finished so you can move on with your life. It is not uncommon for divorcing people to do things like spend $500 to get a $100 microwave oven. Don't do it. If you can't see a clear connection between your actions and achieving a final resolution of your case, then don't take that action.
Other ways to minimize legal fees. Holding legal fees down should not be carried out in such a way that you become penny-wise and pound-foolish. Don't, for example, rely on your spouse's lawyer to do all the work. Opposing counsel is not safeguarding your interests, of that you can be certain. You can lower your own legal fees however, if your lawyer charges on an hourly basis, by avoiding long-winded telephone conversations and unnecessarily long meetings with your attorney, by doing lots of the document "homework" on your own, by taking as reasonable a position as possible in negotiations, and by steering clear of protracted litigation. Document "homework," which is described in other sections of this website, is an integral requirement for proper divorce planning. Read that material now; then read it again later. For more information visit http://www.rosen.com.
Lee S. Rosen is a Board Certified Family Law Specialist and founder of Rosen Divorce. Rosen Divorce is the largest divorce firm in the Southeastern United States. For more information visit http://www.rosen.com.
AP - The stock market is plunging again, diving along with investors' confidence in the economy. Confirmation that the nation is in a recession and reports of only a modest gain in holiday shopping sales have prompted many investors to resume selling after the market's five-session advance.
AP - President-elect Barack Obama picked a national security team headed by former campaign rival Hillary Rodham Clinton and Bush administration holdover Robert Gates on Monday, and said he wants to consult with military commanders before settling on a firm timetable to withdraw U.S. combat troops from Iraq.
AP - The U.S. economy has been in a recession since December 2007, the National Bureau of Economic Research said Monday. The NBER a private, nonprofit research organization said its group of academic economists who determine business cycles met and decided that the U.S. recession began last December.
AP - India demanded Monday that Pakistan take "strong action" against those behind the deadly Mumbai attacks, and Washington pressured Islamabad to cooperate with the investigation.
AP - Alaska Gov. Sarah Palin implored Georgia Republicans to back Sen. Saxby Chambliss in his hotly contested Senate runoff, telling a cheering crowd Monday that the first step in rebuilding the GOP begins with the Southern state. The former vice presidential candidate made her first campaign appearance since the Republican ticket of John McCain and Palin lost on Nov. 4.
AP - Happily contemplating another woman as the top U.S. diplomat, Secretary of State Condoleezza Rice said Monday she will offer advice, privately, and then get out of the way.
AP - Ivana Trump has issued a statement confirming reports of marital discord with Italian entrepreneur Rossano Rubicondi. Trump, who married Rubicondi in April, says she filed a legal separation agreement three months ago. Trump says she kept quiet about it because she didn't want to ruin Rubicondi's chances as a contestant on the Italian edition of the reality TV show "Survivor."
AP - Plaxico Burress has appeared in court on weapons possession charges stemming from an accidental shooting at a Manhattan nightclub.
Reuters - U.S. President-elect Barack Obama named former rival Hillary Clinton as secretary of state on Monday and said Robert Gates would remain defense secretary in a national security team charged with recasting America's leadership role in the world.
Reuters - Stocks tumbled on Monday as economic reports showing further evidence of the worsening global economic climate were backed up in comments from Federal Reserve Chairman Ben Bernanke.
Reuters - India demanded Pakistan take decisive action over deadly attacks in Mumbai it said were carried out by militants from its nuclear-armed rival, while the West urged cooperation to ease tension.
Reuters - President George W. Bush said the biggest regret of his presidency was flawed intelligence that Iraq had weapons of mass destruction and told ABC "World News" in an interview airing on Monday that he was unprepared for war when he took office.
Reuters - The U.S. economy has slumped into a recession, the nation's business cycle arbiter declared on Monday, while European leaders clashed over how much public money to spend tackling a deepening downturn.
Reuters - U.S. House of Representatives Speaker Nancy Pelosi met leading governors on Monday to discuss the size and shape of an economic stimulus package that one Democratic aide said was likely to cost around $500 billion.
Reuters - Thai protesters prepared to end their three-month occupation of the Prime Minister's office on Monday to consolidate their grip on the main airport ahead of a court verdict that could dissolve the elected government.
Reuters - Federal authorities arrested the mayor of Birmingham, Alabama, on Monday in a corruption probe surrounding a massive sewer bond debt that has forced Jefferson County to the brink of bankruptcy.
AFP - Barack Obama on Monday nominated Hillary Clinton to be his "tough," "smart" secretary of state and his former foe vowed to give her all to steer America through a perfect storm of global crises.
AFP - India on Monday formally accused "elements" in Pakistan of being behind the devastating Islamic militant attacks in Mumbai and demanded that Islamabad take "strong action".
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