5 Ways That People Make Divorces More Expensive Than They Need To Be
One of the top concerns people have at the beginning of the divorce process is financial ruin.
We’ve all heard the horror stories. Yes, divorce can be expensive. But the key is not spending more than you need to reach a resolution you can live with.
These are the top five ways that people make their divorces more expensive than they need to be.
1. Not producing documents and information
One of the key parts of the divorce process is financial disclosure. You have to disclose your assets, debts, income, and expenses. You also might have to go through the formal discovery process. Discovery is the formal process of exchanging information with the other side.
It is tempting for many to want to hide information about assets or earnings. And it makes sense, you’re scared and you think hiding information will protect you. In reality, it’s the exact opposite.
First, not disclosing information or documents which are demanded legally or are required can subject you to serious legal penalties. But in addition to that, when one side doesn’t produce documents and information, the other side is likely to notice. And when they do, you will spend time and money having your attorney confer with the other side, with you, and curing the deficiencies - if doing so is even possible at that point.
If the other party has to take you to court to get complete information from you, you can be required to pay a sanction (which is like a fine), which can be hefty. Before the court, it can be impossible to regain credibility if the judge can see that you are playing games with producing documents and information.
2. Fighting over small things
Maybe you really, really loved the Peloton stationary bike in your home gym or the Breville espresso machine from your wedding registry. Maybe you feel it’s absolutely crazy that your ex insists on keeping these items. After all, weren’t you the spouse who worked out or made the coffee every morning?
It’s tempting when the other side wants to “stick it to you” to act in the same way. You don’t want them to win, right? Haven’t they taken advantage of you enough? But in that instance, you’re cutting your nose to spite your face. Don’t spend $5,000-$10,000 having your divorce attorney fight over $3,000 Peloton. Buy a new item with your settlement and your savings on the attorney fees and move forward instead.
3. Overestimating the value or strength of your case
It is not fun to feel wronged. And you may feel that, of course, any reasonable person (and especially an esteemed and intelligent judge) will agree with your position. One of the toughest parts of the divorce process is accurately accepting certain weaknesses of the case.
It’s on your divorce attorney to explain the strengths and weaknesses of the case. And if your case has significant weaknesses, you need to think very carefully about whether it’s worth throwing significant cash resources at certain issues - especially if there is a reasonable offer on the table. If there is a reasonable offer on the table, and you risk doing worse or nominally different in court, don’t keep spending on the fight.
4. Not being honest with your attorney
There are three key players that you must be honest with in the divorce process: your divorce attorney, the other side, and the court. Aside from causing potential legal penalties, not being honest drives up the cost of the case. Regarding your divorce attorneys specifically, not being honest can hurt your case and will almost certainly drive up your fees.
First, if you’re not honest with your divorce attorneys, they won’t be able to properly prepare, and upon learning about the dishonesty, it will cost money to try to clean up the mess (if the mess can even be cleaned up) and put the pieces of the puzzle together. If your attorney is preparing and progressing without complete and honest information, they may be pursuing dead end case theories or make arguments that can be easily debunked. This is a complete waste of time. And, attorneys can even drop a client for being dishonest.
5. Not complying with case deadlines
Getting divorced is like getting audited - inevitably, it’s tedious and stressful. There are deadlines, and there are consequences for not meeting those deadlines. Your divorce attorney should guide you through the steps and ensure you’re staying on track. We’ve heard many horror stories about divorce attorneys who don’t notify their clients about deadlines until the last minute. But, when your divorce attorney is trying hard to keep you on track and needs certain documents or information from you, be responsive and get them what they need.
We like to ask clients for information or documents with advance notice, so our clients aren’t under the gun for last minute requests. But only the client can provide that information or those documents. Our hands are tied without what we need from our clients. It drives up the cost of the case if your divorce attorney must repeatedly follow up for basic (but necessary) information or circle back when only a small percentage of information or documents have been provided.
Emily Rubenstein Law, PC is a full-service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.