As conflicts arise, so too does the cost of divorce

On behalf of Kirk Montoute LLP posted in Divorce Mediation on Friday, February 14, 2014.

It goes without saying that an uncontested divorce is cheaper than a contested divorce, but it is something which bears repeating from time to time. Sometimes an acrimonious split is unavoidable. Divorce itself is a stressful emotional process, and trying to divide a life built together takes time. Working toward an uncontested divorce, particularly with the assistance of a competent family lawyer and divorce mediation invariably keeps divorce costs down.

Although some people may try to avoid costs by trying to mediate a conflict without the help of a lawyer, making a mistake in mediation or in court is often pennywise and pound foolish. Losing a substantial share of the marital property, or waiving a claim to spousal support, may cost the individual far more than what he or she saved by not working with a family law lawyer.

Not only are uncontested divorces considerably less expensive, but they are also much simpler to do. When a couple agrees on a divorce settlement, they can submit a “desk divorce” application to the Court and avoid appearing before a Judge. If a couple disagrees about every aspect of the divorce, from who will have primary custody of the children to how much child support should be paid to how the matrimonial property will be divided, it will take considerable mediation or negotiation to get to a place in which both parties are prepared to settle.

Each divorce is unique.  A family lawyer will generate a tailor-made solution for each client. Doing this alone could be more expensive than it is worth.

Source: St. Albert Gazette, “Divorce takes a psychological and financial toll,” Lucy Haines, Feb. 5, 2014

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