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Divorce on a
Budget
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Finances are tight for
many of us these days. If this is an
issue for you, here are some
possibilities to consider:
- Go "in pro per":
This means to do it yourself.
- The upside is that you do
not hire an attorney. Note that there
will still be Court costs, and other
expenses, even if you do not hire an
attorney. Also, the Court may require
you to pay some or all of your
spouse's attorney's fees, depending on
your case.
- The downside is that Family
Law is relatively complicated, and you
may overlook rights you have. For
example, you may not know how much of
your spouse's retirement plan you are
entitled to, or how to get it.
- Mediate:
This means that both parties go to one
attorney, who helps them reach an
agreement about all or some of their
case. The mediator can inform both
parties about their rights, and draft
the agreement, but does not represent
either party. It is best to use someone
who is very experienced in Family Law.
- If both parties want to settle, this
can be a relatively quick way to get
through the process. You may pay
significantly less in legal fees,
compared to the cost of protracted
litigation.
- However, if you cannot negotiate
with your spouse, or if one of you is
not really interested in settling,
this may not be the route for you.
- Get Collaborative Law
Representation: In Collaborative
Law practice, each party has their own
attorney, but the attorneys' job is only
to negotiate, not to litigate.
- Like Mediation, both parties must be
interested in settling their case, and
both parties must agree to
Collaborative Law in order to use this
option.
- Collaborative Law provides more
support to each party, as each party
has their own attorney.
- Get
Advisory Counsel: An attorney
acting as
advisory counsel does not become
the attorney of record in your case:
instead, you bring your file to the
attorney's office, and she gives you
advice as to how you can proceed.
You then draft the
legal documents, and appear at Court
by yourself. Because advisory counsel
does not prepare your pleadings or
make court appearances for you, you
may end up paying your attorney less
in legal fees than if you were fully
represented.
- If you are good
at public speaking, and think
quickly on your feet, this may be a
good option for you.
- Get Limited
Scope Representation: This is where you
hire an attorney only for one or more
specified issues, and you are
responsible for the rest. For example,
you might want the attorney to appear
at Court on your behalf only for an
up-coming child custody hearing, or a
hearing to determine how much you owe
in support arrearages. Or you might
want an attorney only to figure out
what percentage of the family home is
yours. The issues included in a
limited scope representation can be
anything that you and your attorney
agree to.
- Be sure
to discuss with your attorney which
issues are most important, and which
would be difficult for you to handle
alone. The more your attorney knows
about your case, the better he or
she can advise you.
Note that nobody can predict how
much your divorce will cost,
regardless of which option you choose.
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All
information provided on this site is for
general information and illustration
only, and does not constitute legal
advice regarding your specific case.
This information may not apply outside
the state of California, and may not
apply to your case due to your specific
situation. No attorney-client
relationship is formed unless you meet
with Ms. Green and sign a retainer
agreement.
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