When someone is planning a divorce, they often have a lot of questions about the process. In this day and age, odds are good they already know one or more people who have gotten a divorce, and these friends may be a ready source of information. However, every divorce is different, and no one should expect their divorce proceedings will go exactly the way any other divorce case has gone before. Below are two questions that are commonly asked by people considering a divorce as well as general answers.
HOW MUCH DOES IT COST TO GET A DIVORCE?
The question, “How much does it cost to get a divorce?” is much like the question, “How much does it cost to fix a boat?” In both situations, the answer is, “It depends.” If a case requires consulting with experts, it will cost more on the front end. However, not hiring an expert could result in a settlement that is not equitable, as the parties may not understand the value of their property, business, or other holdings. Cases that require litigation generally cost more than cases where the parties settle. Cases that require the litigation of one issue are frequently less expensive (because they are less time consuming) than cases that require litigation for several issues.
Another factor that can impact the cost of divorce is the approach of the other lawyer. A lawyer who approaches each case with an eye towards litigating every issue generally approaches a divorce differently than a lawyer with an eye towards resolution and compromise.
Finally, the client dictates cost to a certain extent. If a client does not follow through with providing necessary documents, the law firm must work to track those down. If a client calls with questions three times a day, the lawyer must return each call. Lawyers bill by the hour in divorce cases, so costs reflect their time.
HOW LONG WILL IT TAKE TO GET A DIVORCE?
Once people file for divorce, they typically want it done as soon as possible. As such, they want to know how long the divorce proceedings will take. Again, the answer depends on the facts and circumstances of the case. Some couples divorce quickly, agreeing on how to resolve their issues related to assets, debts, child custody and support, and spousal maintenance. Other couples' divorces drag on for years and years, as the parties fight about each and every issue.
Factors that can impact how long it takes to finalize a divorce include the following.
- The skill, knowledge, and reputation of your attorney.
- The number of issues the couple can resolve with the help of their lawyers.
- The nature of the issues the court needs to resolve because the couple cannot resolve them.
- The willingness of each party to work towards an agreed upon resolution, or, in the alternative, the level of commitment a party has towards refusing to agree upon any resolution.
- The other lawyer's approach to the case.
- The court calendar and availability of the judge.
If you are considering divorce, contact Frost & Kavanaugh to discuss your case. David Kavanaugh focuses primarily on matrimonial and family law issues. We look forward to discussing your goals, your concerns, and your preferred approach to your divorce. Together, we can create a path forward. Contact the office today to schedule an appointment at (518) 730-4222.