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What to Do If You Can't Afford a Divorce Lawyer
Divorce has never been an easy undertaking for anyone. It is difficult and exhausting not only emotionally but also financially.
23:34 17 April 2023
“Divorce is expensive. I used to joke they were going to call it 'all the money,' but they changed it to 'alimony.' It's ripping your heart out through your wallet.”
Divorce has never been an easy undertaking for anyone. It is difficult and exhausting not only emotionally but also financially. First of all, you will definitely need to pay all the mandatory legal fees for the entire procedure. In addition, you may require the help of a professional to resolve disputes on complex issues including child custody, alimony, spouse support, and the division of property or mutual business, debt, or pension or retirement fund. In such a case, you would need to hire an attorney whose hourly rates supersede the cost of an ordinary divorce process. Unfortunately, you cannot avoid this if your spouse is uncooperative and you cannot reach all the marital agreements on your own, without the lawyer’s interference.
This financial aspect can become a serious obstacle if you cannot afford to hire a lawyer to represent your interests in court. The situation gets tougher if it was your spouse who filed for divorce and hired a legal representative for themselves, which obliges you to do the same to ensure a better result. However, there are some ways you can save on extra expenses.
Today, there are numerous free services happy to help you with some pieces of advice. If you spend some time on Google search, you can find out the cheapest way to divorce in Florida, Nevada, Illinois, Maine, or any other state of your choosing. Here, we want to offer some tips and possible options for you to save on an attorney.
Separation without Divorce
In some cases, you can simply separate without getting divorced, which is the easiest way, especially if you do not have children, mutual property, debts, or any other issues that would require settlements. Informal separation does not involve any legal interference: you simply go your own ways with your spouse. However, you are still legally married and need to fulfill any legal obligations if you have some. Although legal separation would require you to file certain papers, you do not have to go to court while maintaining control over your spousal rights and obligations. The only help from the lawyer you may need is with drafting a separation agreement.
Uncontested Divorce
Although it is not always possible (actually, it is impossible more often than not), we advise you to start by contemplating an uncontested divorce. This type of divorce is the easiest and can prevent you from exhausting your nerve system as well as your pocket. By the way, on the following statistical chart, you can see for yourself how much cheaper is an uncontested divorce:
If you and your spouse are both reasonable and cooperative, you can safely and successfully resolve all the disputes and reach all the marital agreements concerning property, children, and even process fees on your own. Eliminating the need for attorneys to represent your respective interests in court, you will only need to pay legal fees for all the accompanying procedures. Moreover, in such a case, you can even opt for a DIY (do-it-yourself) or online divorce, which can cost even less if you can deal with all the paperworkon your own.
Self-Representation
If your spouse filed for divorce and hired an attorney, it means that the previous option is not your case and you will need to go through all those long and tiresome processes of dispute resolution. In this situation, you may opt to represent yourself in court. While the alternative is definitely cost-saving, you face the risk of losing a lot in disputes since you cannot compete with a professional lawyer, well-versed in all the finer points of such cases.
Dispute Resolution Programs and Mediation
Dispute resolution services are a good option for people who cannot afford divorce expenses. Mediation would involve a neutral third-party specialist who does not make any decisions but only guides you through all the negotiations in settling disagreements. In this case, attorneys are not needed, and a mediator costs less, which is a good way to limit the expenses.
Limited Scope of Representation
You can also save on attorney fees if you choose limited-scope representation. For example, a lawyer may take only a certain portion of the case, resolving one or a couple of disputes instead of all of them. In other cases, they may only provide legal advice or help with divorce papers preparation. However, these two last alternatives are more realistic if your case is relatively simple and you do not have to go to court.
Court-Appointed Attorney
If a divorce involves issues related to constitutionally-protected rights (especially some domestic violence issues and restraining orders), you have the right to be appointed an attorney by the court free of charge. Nevertheless, you will need to provide proof of your insolvency since there is an income threshold. And obviously, this free attorney will only represent you in specific related hearings, meaning that the rest of the disputes will be resolved by the costly lawyer. Still, it is a good way to get a cheap divorce.
Motion to Make Your Spouse Pay for Your Attorney
Perhaps it may sound ironical or even gloating, but sometimes you can make your spouse pay your attorney fees, with the help of the court, of course. In some states, the court considers the situations of both divorce parties, and in case your spouse is more solvent, the court may oblige them to be responsible for the fees of both attorneys. You would be required to file a motion for this, and your spouse has the right to reject and argue it. Mind that it is not so easy to secure such a court decision.
A Loan
Another way to reduce divorce expenses is to borrow some money against your future expected gains. For example, if you are sure that you will get considerable monetary compensation from your ex after the divorce or that you can sell a piece of marital property received as per the court ruling, you may take a loan or borrow from friends or relatives. However, there is a risk that something will go the wrong way and your expectations will not be fulfilled. Thus, in addition to the disappointment with the family court system, you will get an immense debt in your new divorcee status.
Free Legal Services
Of course, the best way to save on a lawyer is to get free legal help. However, to qualify for it, you will need to prove that you can't afford a divorce attorney and are eligible for such services.
Start with contacting your local bar association that can offer some affordable divorce options. These organizations serve to help underrepresented minority groups and individuals with financial hardships voluntarily. Here, you can be guided in the right direction of getting free or low-cost legal aid, including:
- Lawyers who offer free consultations
- Legal Aid Funds
- Programs for low-income individuals
- Assistance for victims of domestic violence
- Resources for minority group representatives
- Pro bono (free) attorneys
It must be noted that the majority of attorneys do not provide pro bono services in divorce cases. On the other hand, they can offer some discounts or long-term payment plans, especially if you have some aggravating circumstances.
Legal Aid Funds are government-funded organizations that help the vulnerable and needy. In divorce matters, they will assist low-income persons and victims of domestic violence in the first place. Here, you are sure to get valuable help, even if it is only advice on how to obtain some cheaper legal aid in your situation.
And mind that in the matter of free or low-cost legal help, you will need to prove that you qualify for such services. You may be required to provide evidence of your aggravating circumstance, domestic violence, or indigent status. If you succeed, be sure to gain your benefit by contacting a bar association.
Final Thoughts
Less than a century ago, courts in almost all countries (including the United States), required the spouse filing for divorce to provide reasonable grounds for the case and to prove that the other party had done something incompatible with the marriage and that they are the sole reason for its dissolution. Naturally, both spouses would defend their own truth and would require an attorney to represent them in court. The good news is that today, most states are no-fault divorce states, which means that no reason for filing is needed. Consequently, it is possible to avoid the interference of an attorney and save money.
Of course, not all cases are simple and not all the spouses are reasonable and cooperative, which complicates the situation. However, there is a number of options to cut the expenses on the attorney’s services. Go through the offered list once again; you are sure to find the best option for yourself.