Divorce can be an expensive endeavor, particularly when you have to pay court and legal fees. That is why creating a strategy for financing your divorce is so essential.
One way to finance your divorce is with a loan. Personal loans provide financial security while not damaging your credit score in the process.
1. Ask Your Spouse
If you need legal representation for your divorce but lack the money to cover their retainer fee, it may be possible for your spouse to cover it instead. Depending on your individual circumstances, this could be an invaluable aid both to yourself and to your lawyer.
Before asking your spouse for money for a divorce attorney, it’s essential that you collect as much information about their assets and liabilities. This will enable you to negotiate an equitable settlement that benefits both sides.
Take the time to identify any hidden income sources – this might include bonuses, commissions or any other extra earnings of either partner.
Step two is creating a budget to understand how much money you need in order to weather the financial storm of divorce. From here you can search for sources of additional income which can help support this budget.
Preparing for a divorce can be stressful and emotionally draining, but it doesn’t have to be. What’s most important is remembering that both you and your spouse remain married – both should respect each other’s feelings as part of a successful marriage relationship.
2. Ask for a Waiver of Court Fees
If you cannot afford to pay the filing fee when filing for divorce, you can request a waiver. This is known as an “Application to Proceed without Prepayment of Costs, Fees or Security.”
In Illinois, courts use specific guidelines to decide if someone qualifies for a fee waiver. Typically, those seeking this assistance must show evidence that they cannot afford the fees.
Proof of employment may include copies of paystubs, bank statements or other documents proving you earn less than a certain amount each month. It could also indicate that you receive public benefits like SSI or TANF payments.
Once you have the proof, you must file a motion and an affidavit with the court. The affidavit will indicate to the judge if you qualify for a fee waiver.
After signing an order from the judge, you are free to file your case papers without paying a filing fee. Be sure to keep this order with you throughout every step of your case so that it can be presented to the clerk if needed.
3. Ask for a Lawyer’s Fees
Though divorce can be financially draining, there are steps you can take to help cover legal fees. You could ask your spouse for money to hire a lawyer, secure assistance from friends or relatives, or create a payment plan with your attorney.
When searching for a lawyer, the initial step should be finding one who offers the services you require at an affordable price. Make sure they are willing to collaborate with you and discuss payment options, such as monthly fee repayment schedules.
Some lawyers offer flat fees or task-based billing. These allow you to pay a set amount for specific services like reviewing real estate documents or creating a will.
Other attorneys may offer a contingency fee arrangement, meaning you only pay if you win. Unfortunately, the American Bar Association prohibits this type of arrangement in family law and divorce cases.
You have the option to request that the court award your attorney’s fees if you feel they are due. A court can award attorney’s fees in various circumstances, such as failure to adhere to child support or alimony orders or when one spouse purposefully prolongs divorce proceedings.
4. Ask for a Loan
When divorce legal fees start to pile up, you may require assistance in covering them. There are various methods of getting the funds necessary for this task, including applying for a loan.
A personal loan is money you borrow from a lender, usually a bank or credit union. They come in various amounts and can be used for various things like college tuition, medical bills or major household renovations.
Personal loans typically carry lower interest rates than credit cards, though they can still be costly if not paid back on time. Therefore, only consider this option if you know for certain that it will fit within your budget.
Another option is to draw upon your home equity. If you have enough, you could use it for divorce legal fees. But be sure to consult with an attorney beforehand, so as not to unjustly take away assets which might be considered marital property in a post-divorce settlement.
5. Create a Budget
Making a budget after divorce is key to financial security. A budget allows you to track how much money is being spent and received.
To create a budget, first list all of your essential monthly expenses and determine where you can save money by cutting back. This may include food, gas, entertainment and clothing expenses.
Use a spreadsheet to track all of your expenses, but be honest when recording what you spend. Hiding items or purchasing unnecessary purchases could cause issues in the future.
Establishing a budget that includes all expenses, from car maintenance to groceries, can help you assess how much discretionary spending funds remain after your divorce settlement has been finalized.
Establishing a budget after divorce can be challenging, but can help you get through and plan for the future. Speaking to your lawyer about creating one is an invaluable asset.
6. Talk to Your Relatives
One of the hardest parts about divorce is informing close family and friends. But keep this in mind – you don’t have to tell everyone, only those closest to you need know.
If you have children, it is also advisable to inform their teachers and other key figures in their lives so they can provide assistance should their behavior or grades change unexpectedly.
Consider informing your boss if the divorce proceedings will interfere with your work responsibilities, so they can arrange their schedules to accommodate both you and your legal representation’s needs.
Your best bet for spreading news of your divorce may be to ask a trusted friend to do it on your behalf. Just make sure they don’t have an agenda!
7. Ask for a Credit Card
Divorces often necessitate sorting through complex financial matters, including credit card debt. Since credit cards may be shared among partners, it’s crucial that each person understands who’s accountable for paying what debt.
Under state laws, a judge can order both spouses to make payments as part of the divorce proceedings. If either partner fails to fulfill this legal obligation, credit card companies are permitted to report this nonpayment on your credit reports and reduce credit scores accordingly.
As soon as your divorce has been finalized, any joint credit cards should be immediately closed off to prevent further harm to your credit rating and to remove your ex-spouse as an authorized user on your account to protect from unexpected charges.
Regularly check your credit reports for errors or suspicious activity from an ex-spouse to spot potential damage that could compromise your score and report, which could impede future loans and credit card applications. Failing to do this could have devastating repercussions for both of you.
8. Create a Payment Plan
If you need money for your divorce lawyer, creating a payment plan may be the solution. This will help you budget for what’s owed and make it simpler to stay on top of payments.
When creating a payment plan, it’s important to determine how much money you’ll need each month and an approximate timeline for making payments. Your attorney should be willing to work with both of you on creating an arrangement that works.
You could also ask friends or family members for a loan. Usually, these are interest-free and won’t affect your credit score.
Another alternative is getting a loan from peer-to-peer lenders, which may be an ideal way to finance your divorce. These loans do not require credit checks and you can apply online.
A knowledgeable divorce lawyer can explain your options in great detail and suggest the most advantageous course of action for your situation. However, keep in mind that divorce cases can be expensive; thus, don’t expect to pay your lawyer in full upfront.