Divorce can be an emotionally and financially devastating event, yet also costly. Court costs, attorneys’ fees and expert consultation sessions all add up quickly.
There are ways you can raise the funds you need for your divorce lawyer without spending an enormous sum of money. From fee waivers and personal loans to other strategies, keep reading to discover all your available options.
1. Ask for a fee waiver
If you can’t afford the filing fee for court documents, asking a judge to waive it can be invaluable assistance to people needing divorces but lacking sufficient funds for them to file them.
Filing for a fee waiver should be submitted at least 24 hours in advance of any filing deadline, to allow enough time for review by a judge. The official name for such requests is Statement of Inability to Pay Court Costs and Fees.
To obtain a fee waiver approval from the court, you must present a sworn affidavit which details your finances to them. Include details about income, property ownership and debts when filling out this document and be accurate when providing information. No misrepresentations is permitted when applying.
If your income falls within 150 percent of the Federal Poverty Guidelines, a fee waiver may be available to you. This includes any income that your spouse receives; however, if they fall below this threshold but you still depend on them for support, you may need to demonstrate sufficient savings before receiving one.
An attorney can be invaluable in this process by reviewing your case and advising whether or not a fee waiver should apply to it. He or she can also advise you on how best to fill out your affidavit and present it before the court.
Your attorney can also assist in helping you create a budget for legal fees. This will give you an idea of the monthly savings needed and how long it will take until enough money has been saved up to pay your fees.
An alternative way of saving money on legal fees is hiring a lawyer who charges a flat fee for all the work involved in your divorce case. This approach can be particularly useful for complex cases as it will help you understand exactly how much will be due.
2. Get a personal loan
Divorce can be costly and, without adequate funds available upfront, can make covering its associated legal fees an uphill struggle. Family and other sources might help bridge any funding gaps but personal loans for divorce expenses might also be an option worth exploring.
Personal loans are an unsecured form of financing typically offered to those with good credit and can provide the cash necessary for your divorce proceedings over months or years.
Credit loan interest rates tend to be much lower than other forms of funding like credit cards; therefore they could be worth exploring as an option to cover divorce costs if you have good credit and need funding. But keep in mind that late payments could damage both your financial standing and credit score significantly.
One of the first things you should do when trying to secure a loan is reviewing your credit report to identify any negative items which might impact your chances. A lot of inquiries or multiple accounts opened quickly can indicate to lenders that you represent a high risk.
Carefully consider your income when applying for loans; some lenders require that your job pays enough to cover living costs.
Be wary when considering predatory loans; be wary when evaluating them.
Another key element is loan length. When taking out a large divorce loan, if possible it is best to extend its repayment over several years so you can budget appropriately and pay it off in installments.
If you need advice, consult a family or divorce attorney. They can help determine if a personal loan would be suitable in your circumstances and can recommend lenders that can best support them.
3. Create a budget
Divorce can be an expensive and stressful time, so you need to ensure you have sufficient funds available for paying your attorney. Unfortunately, however, this can sometimes be challenging to achieve.
Establishing a budget is one of the best ways to help manage spending. A budget will show you exactly how much money is required for survival while simultaneously showing where cuts could be made in expenses.
First step to creating a budget: Create an expense list – including rent, utilities, insurance premiums and food. Don’t forget about medical care expenses, clothing purchases or transportation!
Create a spreadsheet for each item on your list, noting the amounts spent and adding expenses associated with childcare, extracurricular activities and retirement planning.
Apart from these items, it is also important to include your children’s schooling expenses and any additional costs such as vacations and tuition tuition fees when determining how much money will need to be allocated towards lawyer fees and expenses. This will give a better picture of how much is necessary.
Once you have your total, it’s important to explore potential sources of additional income – part-time jobs, freelance opportunities or donations from friends and family are just a few ways you could do this.
Search out grants specifically intended to aid those going through a divorce. This may prove especially helpful when it comes to child support and alimony maintenance expenses.
If you do receive a grant, be sure to utilize it wisely. Spending it on non-essentials is not recommended and trying to use it for debt repayment should also be avoided as much as possible.
Budgeting when raising funds for a divorce lawyer will make the process much more manageable, helping you plan and prepare for all potential costs associated with it. Also, creating a budget will give you an accurate picture of how the divorce will impact your finances so you can make smart decisions throughout.
4. Ask the court to award your legal fees
Divorce can be an emotionally and financially distressful time. If you have children, pension or retirement assets which are important to you, as well as debt issues to contend with during this transitional time, finding an experienced divorce attorney to guide your negotiations on property division, debt distribution and spousal support issues is imperative.
Your attorney must be familiar with the court system in your region so they can tailor their approach to meet the unique legal issues you’re experiencing. Furthermore, they should have experience handling divorces to guide you through the process, file paperwork on your behalf and represent you at trial if necessary.
Under certain conditions, you can ask the court to award your legal fees. This typically occurs when one spouse is entitled to post-separation support (alimony or child support), yet cannot afford their own attorney costs.
Stay-at-home parents often face an uphill battle when seeking or providing alimony payments; but if this becomes necessary for their situation, petitioning the court at the beginning of their divorce to award attorney’s fees may help address their needs.
If you have the means, another way for a financially capable divorcee to expedite their case would be asking the court for an advance on equitable distribution funds; this would allow them to pay attorney’s fees from these funds which will eventually be distributed as part of their final order after trial ends.
Once you know how much a divorce will cost, the next step should be finding an experienced family law attorney in your area or asking friends and family members for recommendations. You can search online or contact local bar associations for local options with proven expertise.
Be sure to interview each candidate thoroughly, making sure that they understand your specific needs and asking each lawyer about his or her experience with the divorce process and other relevant factors.
As part of your defense against your adversary’s attorney fees being unreasonable, it is necessary to present compelling arguments as to why their fees are unreasonable. You could do this by showing their fee computation is inaccurate; or that their method for calculating fees differs from their jurisdiction; or by showing that these are unreasonable based on evidence presented.