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Specialty tag(s): Pre-Divorce Guidance, Divorce
How Much Will My Divorce Cost? Contributing Factors and the Expense of Conflict
Tom Trahan | October 1, 2024
Among the issues our family law attorneys always discuss in a consultation is the cost of a divorce and its two most impactful cost factors – complexity and conflict. This article examines the role of complexity and conflict and how they contribute to the cost of a divorce, making it more expensive and the steps that one can take to reduce the impact of these issues and minimize the cost associated with divorce.
Common Complexities of Divorce
There are several aspects of divorce that contribute to the overall cost.
Children
No one has to tell us that children are expensive, and when parents of children divorce it’s no different. Even parents who are trying to remain amicable in their divorce face important issues related to their children that must be decided – where the children will live, where they will attend school, the split of parenting time between the parents, the decision-making power of the parents, and (hot button issue!) child support.
Child custody cases often have a hearing on temporary orders in the first 60 days to resolve initial child and property issues. This is an expensive phase of the case. A case involving an emergency hearing for a temporary restraining order may require two hearings in that time – at almost twice the cost.
Working through these issues takes time and effort – both in understanding how courts deal with the issues and balancing the relationships with the children given their age, needs, and activities. In the final decree of divorce, the provisions regarding the children – most required by law – double the length of the final document.
Our attorneys keep costs down by seeking agreement between the parties whenever possible and simplifying the issues in dispute. Importantly, effective communication and careful planning on these issues reduces attorney and court involvement in deciding the future of the children.
Titled Assets
The complexity of a divorcing couple’s marital property is a major driver of costs in a divorce. Real estate assets often require both an appraisal to determine value and special transfer documentation (deeds) when the final decree takes effect. Often, the parties sell the marital home as part of the divorce. When that happens, they must agree on an agent to sell the property, the terms of the sale, and how the money will be split. If they cannot agree on these issues, the parties may have to pay a court-appointed receiver to oversee the sale for them.
Splitting retirement plans requires special orders under Federal law. When one or both of the parties’ own businesses, those businesses often must be appraised by an expert whose fees can be expensive. Proper evaluation and handling of these and other assets drive the costs up in a divorce.
Our divorce attorneys inform our clients of the costs and benefits in these matters to help make cost effective decisions.
Separate and Community Property
Texas is one of the few states that follows the principles of community property in a divorce. In the eyes of the law, a married couple’s property is divided into three groups – community property and each party’s separate property.
Separate property is that which is owned by a party before the marriage and gifts or inheritances received by that party during the marriage.
Community property is everything else.
This system often complicates a divorce because proving whether an asset (or debt) is one parties separate property may involve tracing it back to the moment just before the marriage. In a short marriage, this is not too hard. But for a couple married for decades, being able to show that funds in an account remained essentially untouched can be quite complicated. Knowing that the portrait of Martha Washington was inherited from Aunt Susie is different from proving it by clear and convincing evidence as required by the law. Our highly skilled divorce attorneys assist clients in identifying their separate property early in the case and understanding the documentation necessary to keep it in the family.
Bad Behavior
Finally, divorce cases that involve infidelity, substance abuse, and criminal conduct, all of which have a significant impact on the children of the marriage, have the potential to change the division of marital property.
Investigating and proving the issues of an opposing party can be expensive – involving private investigators, requesting court orders for testing and determining the influence of these issues on the case. If a client’s divorce case includes any of these issues, they should expect an even higher cost. Our dedicated divorce attorneys work diligently with clients to protect their interests relating to these issues. Steps that can be taken to mitigate the impact of such issues may involve ending or postponing improper relationships, seeking assistance with substance problems, and making choices and taking actions that are indicative of responsible behavior.
Each of the issues discussed here may cause a divorce to become more expensive – both in attorney’s fees and in other costs. Our attorneys work with you to create a plan to reduce these expenses and make them as reasonable as possible.
The Cost of Conflict Within Divorce
Among the most critical factors in determining the overall cost of a divorce is the level of conflict between the parties. Conflict inflates the cost of divorce, and while it can be tempting to let emotions take over during stressful and difficult times, keeping costs low requires moving past those feelings. It’s important to approach divorce negotiations with a clear mind, be prepared to compromise when necessary, and respectfully stand firm on issues that matter to you.
Conflict increases the costs of any civil litigation, including divorce and child custody cases, because conflicts are resolved by taking the issue to the judge or jury for a decision. A hearing or trial requires hours of attorney time to prepare pleadings, research legal issues, conduct fact-finding discovery, and prepare testimony and exhibits. Most judges in North Texas set strict time limits within which a hearing or trial must be conducted. To properly present a client’s case within these restraints requires careful planning. Actual courtroom time is a small part of the attorney time needed to conduct a contested hearing; it’s the prep work needed to properly advocate for the client’s interests that can add up to considerable cost. Even after a hearing, additional time is required to prepare and negotiate a proposed order for the judge to sign. Our lawyers, and most members of the family bar, bill for the time spent on a case. Each issue in conflict requiring a hearing or trial to resolve leads directly to higher attorney’s fees for both parties.
How to Effectively Get Ahead of Conflict in Divorce and Address It Constructively When it is Unavoidable
Any issues not resolved by agreement will eventually end in a hearing or trial – along with the accompanying expense. One side not answering discovery – hearing. Dispute over whether an expensive watch is a gift (separate property) or a purchase (community property) – trial. Even if both parties and both attorneys are acting in good faith and playing by the rules, when the parties cannot agree, the dispute ends up at the courthouse.
Texas Encourages Agreements
Texas has designed the family law system to reduce conflict, and ways in which each party can save costs by reducing conflict.
The courts and the legislature in Texas have long understood that the court system cannot support a trial in every case. The public policy of the state also encourages agreed resolution of cases because the parties have some control over the outcome and are therefore usually more satisfied with the result. In Fiscal Year 2022, more cases in Texas family courts were resolved by agreed judgments (33% of all cases resolved) than by bench trials (28%) or jury trials (0.6%).[1]
The courts use the following tools to encourage agreements:
- Requiring Alternative Dispute Resolution in most cases before trial (usually mediation).
- Providing for stricter enforcement and privacy of agreements.
- Promoting Collaborative Law (also known as Collaborative Divorce), a non-litigation method of case resolution.
In addition, the law writes its preference for agreement into the orders issued by the courts. For instance, the Standard Possession Order for parenting time of the children starts with “IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the conservators, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Possession Order.”
Even when a case comes before a judge for a hearing, the court will encourage the parties to agree as much as possible in order to narrow down the issues actually in dispute. A party who refuses to agree on housekeeping or minor issues will often have a more difficult time in court.
To promote effective conflict resolution in many different family law matters, there are several different tools available through Goranson Bain Ausley.
Achieving Peace without Appeasement
Family law cases have the propensity to involve high emotions and serious, personal issues. Rarely does the government intervene in decisions about where the children attend school or whether your home must be sold. The parties involved will have strong emotions because relationships are ending and because no one knows better the buttons to push to anger you than your spouse.
At Goranson Bain Ausley, we recognize these emotions and do everything we can to help our clients navigate them constructively, always keeping their ultimate goal – a brighter future – in focus.
Clients who can moderate their behavior, practice self-control in the face of conflict, and approach the divorce process with a focus on resolution and the future are more likely to minimize high-conflict situations and reduce the associated costs.
Prepare mentally. Most of us know when a family crisis is brewing. To better handle the crisis, seek advice and support from those you trust. Be proactive in supporting your own mental health – see a counselor or seek spiritual guidance.
Take care of yourself. Stress and tension can be relieved with exercise, getting adequate sleep, and eating well. A quiet coffee break with a trusted friend or taking the time to do things that soothe the tension you carry can be good ways to prepare for uncomfortable or contentious situations.
Don’t poke the bear. You know the issues and words that set off the other party. Even though making him or her mad may be emotionally satisfying, it is very rarely productive. If your case is most likely going to end in an agreement, being agreeable is a better strategy.
Order peace from the menu. Be clear with your attorney when you want to seek agreement on an issue. Your divorce attorney works for you. If you make it abundantly clear that you wish to resolve an issue in a friendly and respectful way, if possible, they will. (Or you might need a different attorney – different attorneys have different skill sets.)
Stand up for yourself – courteously. Often an opposing party or attorney needs to see that you mean business. Especially early in a case, a hearing is sometimes necessary to show the other side that you will fight for what is right and for what you believe to be in the best interest in your family’s future. In doing so, we encourage clients to always remain courteous. Losing your temper in front of a judge usually signals a weak case. Remaining firm and respectful within the system leads to better results.
One unreasonable person can make a fight. At the end of the day, a divorce agreement requires all parties to consent. There are times when a party refuses to be reasonable and a hearing or trial is necessary to resolve an issue or even the entire case. We will prepare you for that and work to keep case expenses within your budget. If you are concerned with the cost of divorce or a particular strategy in your case, it is your right to understand how much we anticipate the cost will be. Please ask. We perform better as a team when you make informed decisions.
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[1] Annual Statistical Report for the Texas Judiciary, FY 2022 – Page 9.
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