Wednesday, July 22, 2009

Looking to Lower Cost of a Divorce?

I do not necessarily agree with Domestic Diversions' Rush to judgment: how to lower the costs of divorce as I think mediation increases the cost of a divorce. The people have to pay for the mediator and then pay someone to make sure that the terms are properly put before the court. (I assume that the parties have assets, including real estate, and/or children and those issues lead to the mediation).

Divorce mediation, in which a neutral third party helps a couple negotiate an agreement, is an even cheaper alternative for folks who can still bare to sit at the same table. Doskow estimates it costs about half as much as a contested divorce. But the expense isn’t the only reason she’s a proponent. “I like mediation because it keeps the decision making with the people who are most invested in it,” she says.
I assume the original writer meant "bear" and not "bare" but therein lies the real problem with mediation - for me - if the parties can agree then they should just pass Go and find an attorney who will do an uncontested divorce for them. A lot of money is saved by the lack of fighting.

All the same, remember mediation is an option. You need to decide if it is a feasible option for you.

I cannot find any fault with SmartMoney.com's The Top 5ive Mistakes to Avoid When Getting Divorced at SmartMoney.com and especially the first "mistake" on its list:
GETTING DIVORCED CAN be a daunting experience. After all, you're not only breaking up with your spouse, but you're also carving up your assets and the time you spend with your children (if you have them). With so much emotional and logistical baggage to deal with, the entire process can be lengthy and expensive. However, with just a little planning, you can avoid some of the most common — and costly — pitfalls that divorcing couples experience.

Here are the top five mistakes you should avoid when splitting with your husband or wife.
1. Being Unprepared
Always keep in mind that divorce attorneys charge by the hour. In some major cities, those rates can climb as high as $200 to $300 an hour. That's all the more reason why it's important to do as much of your own legwork as possible. For example, in order to start splitting up you and your spouse's assets, your lawyer will need copies of all your financial and legal documents, including tax returns, bank statements and a list of your outstanding debt. By gathering and organizing the paperwork on your own, you can easily save several hundred dollars, says Daniel Clement, a New York-based divorce attorney. Leave the paper chase to your attorney, and you're basically paying him to compile what's sitting in your mailbox, he says.
Do give the other four a read.

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