If you take only two things from this site, they should be that your kids need to be protected through the divorce process and avoid divorce court if it is at all possible.
The reality is that divorce can be simple in most states IF you have no children and no assets. In every other case, divorce can be a nightmare that doesn’t end after a good night’s sleep. The reason is that in most divorce cases, attorneys are a necessary evil. No offense intended for the few and far between ethical attorneys out there. You need to be aware of a few things that most people don’t understand.
The retainer might be anywhere from $1,000.00 to $100,000.00. The scary part is that the retainer is usually used up before very much is accomplished.
In most cases attorneys’ billable hours can be anywhere from $75.00 to $1,000.00. Don’t be sucked into believing that you shouldn’t be concerned with billable hours because your ex husband will have to pay for your attorney’s fees. In most cases, this is an outright lie. Sure, you can request that but in most cases it just does not happen.
Be aware of the fact that your soon to be ex is not your only adversary. His attorney is charging him billable hours that will cause your attorney’s billable hours to increase. Hopefully you have an honest attorney but in my opinion, that is a rare. If you keep a journal with all conversations you have with your attorney, that will help. Watch a clock and write down the start time of each call and the end time. When your bill arrives, make sure the times match.
Right up front — before you sign a contract with your attorney, make sure that he or she understands that you want to avoid divorce court and that you want to settle quickly. I don’t mean just a marriage settlement that is unrealistic, I mean a divorce settlement.
You can add an addendum to the contract you sign with your attorney that after a specific period of time passes and you are not satisfied with the progress, you will get back a specified percentage of the retainer. If your attorney is not trying to drag out the process, he or she shouldn’t have a problem with this.
Photo by Zen Traveler
