As discussed in our prior blog post, the most affordable ways to divorce in Westchester County, NY, are the “kitchen table” divorce and mediation. Nevertheless, even if there are many points of disagreement and/or a power imbalance between you and your spouse, your divorce doesn’t have to break the bank. Collaborative divorce is another affordable option.
A collaborative divorce can be a very good choice for couples in which there are some power imbalances in their relationship. Maybe one spouse has a stronger will than the other, is more articulate than the other, and/or has more money and information than the other spouse. Collaborative divorce also tends to be a better choice than mediation for complex divorce cases involving millions of dollars of assets and seven figure incomes.
When considering what divorce process to choose, you might want to compare the divorce court to the operating room in medicine. Such places are risky and expensive. Unlike the medical operating room, the divorce court is a place where you don’t have any insurance to pay for it. Think of collaborative divorce as being comparable to medicine or physical therapy that might solve the problem without going “under the knife.”
If the divorce is already filed with the Court, consider telling your attorneys to hold off serving a Summons with Notice, and/or filing a Request for Judicial Intervention with the Court. You still may be able to work out a collaborative settlement without involving the Court system.
When looking for a collaborative attorney, ask about their hourly rate. Some collaborative attorneys charge as much as $600 an hour. There are many highly competent and experienced collaborative attorneys that charge $350 to $400 per hour. By using more affordable professionals, you and your spouse can save a lot of money.
When you meet with your attorney, refrain from discussing emotional issues. You can get help from a good mental health professional at a substantially lower hourly rate than a divorce attorney charges. More importantly, mental health professionals have expertise in dealing with emotional issues, while most attorneys do not.
As advised in my prior blog post, when you meet with your attorney, prepare some notes in advance in order to organize your thoughts. Be direct and concise with your questions and subjects that you want to discuss. Consider preparing a written agenda for such meetings.
Our next blog post will address how to keep your divorce affordable, even if you and your spouse can’t collaborate or mediate.
© Arnold D. Cribari 2016
