Top 5 ways to speed up your divorce and save money

 For a number of reasons, even thinking about going through a divorce makes people cringe.  We probably all know people who have spent a small fortune (or even a large one) on a divorce and they still got chewed up and spit out by the system.  Misunderstanding about the law also forces many to put off a divorce.  If you are not careful, you can lose big. It could also take more than a year to finally get divorced. However, it doesn't have to be that way.  Below are my top five ways to speed up your case and save money in the process.

The two concepts are certainly related.  The faster the case is resolved, the less your attorney should have to do.  In many states (such as New Jersey) the vast number of divorce cases are settled.  Since we all know where the case is heading, why not get there faster?

1.  Get an attorney

To some, this might seem obvious but far too many try to go it alone.  While there are plenty of people that get divorced pro se and survive the process, this is a huge gamble.  You can cause problems that may haunt you for life.  For those that you can fix, you can spend 3+ times more to fix the problem than what it would have cost to avoid it in the first place.  Thus, saving a little money now may cost you a ton in the future.  Divorce kits, centers and mediators should be avoided by most.  If your case is really that simple, an attorney should not cost you much.  Furthermore, your case may still take longer as you navigate the confusing court process.  An attorney knows the people and the process.  As a result, he or she can often get you in and out of court much faster.

2.  Get the right attorney

This is where most people go wrong.  Even if your attorney has a fancy website that says he or she favors mediation, ask for specifics if you don't hear them first.  In New Jersey (and I'm sure many other states) divorce lawyers work on a retainer.  That is, they only get paid for the amount of work they perform on a case.  As a result, a drawn out divorce that goes on and on brings in more money than a case that settles in two months.  So its no surprise that many lawyers do whatever they can to drag out a case.  I have seen two people agree on an issue and then the next day, the other attorney has talked his/her client out of the agreement.  While some of this is stoking the fire, other times it is down right fraud. 

A recent client of mine had a quick divorce that only took three months.  There was only one court appearance and not much in dispute.  However, she still paid her attorney over $8,000 when the bill should have been less than $2,000. 

Your attorney should have a plan to help you save money and speed up the case (assuming you want to speed up the case).  I am constantly finding ways for my clients to save money.  This article is just one of them.  If you pick the wrong attorney, it could cost you tens of thousands of dollars.  If you do choose the wrong one, it is never too late to switch.

3.  Don't wait for anything

Clearly, the faster you file for divorce, the faster it will be over.  While that makes sense, too many people procrastinate for any number of reasons.  If an attorney advises you to wait, than you should follow that attorney's advice.  Otherwise, go forward now.  Some people think they need to wait in order to legally get divorced (not true in New Jersey, might be in other states) others think they need to get documents together first.  Call an attorney today and follow his/her advice.  Even if you can't file the divorce complaint, there is still plenty you can do to speed up the case.

4.  Get your documents organized and to your attorney

Discovery is the exchange of documents and information.  Ask your attorney what documents he or she will need.  Chances are, it is pretty much everything.  Bank statements, credit card statements, pay stubs, mortgage information, etc. is usually necessary in order to settle the case.  Some attorney may not request this evidence until months into the divorce.  Getting this evidence organized and to your attorney right away can really speed up your case.   Most cases cannot settle without this information exchange.

5.  Calm your emotions in order to determine what is really important to you

Emotions are an evil attorney's best friend.  When you are emotional, you are irrational.  You will say or do anything to get revenge, to one up the other side or to prove that you are right or that you have been wronged.  The day you get divorced is the first day of the rest of your life.  How do you want to spend it?  What will really important to you in your new life?  Except for time with your children, nothing else is really worth that much and it can all be replaced in time.  Only you can decide what you fight over and what you want out of the case.  The more calm you are, the more rational you will think.  When you are thinking rationally, your attorney cannot take advantage of you.  As a result, you are in control of your case and you can decide, with a clear head, what is important and what you can let go of. 

Your attorney should help you find other ways to speed up your case and save money.  If he or she doesn't, who are they really looking out for? 

Jef Henninger, Esq. is a New Jersey divorce attorney without offices across New Jersey, including Ocean County.  More information can be found at http://www.oceancountydivorceattorney.com