4 Ways to Keep Attorneys’ Fees to a Minimum During a Divorce or Child Custody Case

Family law litigation can get really contentious really quickly. Oftentimes, that contention manifests itself in several unnecessary communications with counsel, conferences, court filings, hearings, and trials. For example, conflict may be inevitable in the case of a divorcing couple where infidelity or domestic violence is at issue. However, it is unfortunately common for divorcing couples with children to use the kids as pawns in the conflict. This is never in the best interest of the children, and judges and magistrates have no problem expressing their displeasure when parents involve children in their gamesmanship. It should be obvious to most people that such gamesmanship during litigation increases attorneys' fees. A good attorney will definitely make his clients aware of this. Below are four simple ways parties in a family law case can keep the legal bills low.

1.     Consider which remedy is appropriate for your family.

Where there is even one instance of domestic violence, speedy court intervention is appropriate and the victim should act quickly. In addition to petitioning the court for divorce, the victim should seek temporary orders for her and her children's protection. Temporary orders for spousal and child support may also be appropriate. However, where a childless couple agreeably decides to dissolve its marriage, the divorce petition should be fairly straightforward and the couple could likely come to a settlement agreement that the court would incorporate into its final decree. You should give your attorney as much information as possible to help you determine which legal remedy would align best with your goals. For example, you may want the court to grant you sole custody of your children. However, unless it is in the best interest of your children, it would be a waste of your time and your money to try to convince the court to grant you such relief.

2.     View the facts objectively and reasonably.

Considering facts from only one perspective prevents parties from engaging in open communication and good-faith negotiations. Ideally, open communication leads to the withdrawal of suits and allows a family to grow stronger. At minimum, though, open communication can eliminate the need for several motions and hearings. One motion can cost a party thousands of dollars easily (i.e., motion drafting, hearing preparation, communication with client, travel to the courthouse, and appearance at the hearing). Proffering fair terms during good-faith negotiations that avoid unnecessary judicial intervention saves both parties money.

3.     Prioritize your children's best interest.

When children are involved, the court prioritizes the best interest of the children. The best strategy is to consider the facts (the good and the bad) and objectively apply the best interest standard the court will use. Generally, seasoned family law judges do not have difficulty identifying bad-faith arguments that are not in the best interest of children.   

4.     Be candid with your attorney.

The best way to get the most out of your attorney is through full and frank disclosure of facts. Your attorney needs to know the good, the bad, and the ugly. A surefire way to lose a hearing or trial is for your attorney to hear a bad fact for the first time in open court. Full and frank disclosure allows your attorney to anticipate the opposing party's arguments and prepare effective countermeasures. In some cases, it may even lead to the realization that settlement is the best option.

If you need effective and efficient family law counsel, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the Firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.