Filing Costs, Attorney’s Fees, and Contests, Oh My!

Budgeting for Divorce

The average cost of divorce in Georgia where there are no children involved is around $15,000. That cost can balloon to over $23,500 if there are children involved.

For many people, this is one of the most costly endeavors they will undertake in their life outside of a home purchase. To add to that, people going through divorce are usually transitioning from life as a married couple- with two incomes, people to take care of responsibilities, and sources of support for one household- to life as a single person with a single income and reduced support. To add insult to injury, you may find that the person you relied on for years, financially and for love, is now your adversary.

The changing lifestyle, legal process of divorce, and psychological costs can be daunting at times, which is why it is important to protect yourself through any and every means necessary. This starts with you at home, assessing, saving, and spending according to a budget that fits not only your lifestyle through the divorce process, but also one that suits your new life as a single person.

To do that accurately, you have to first understand what makes a divorce so expensive.

Factors

The most important thing to remember in divorce is that every divorce, just like every family, is unique and has its unique characteristics. Therefore, it is important to seek legal counsel to understand your divorce and how it relates to your goals and interests when you are transitioning.

When you decide to go through a divorce, you have to divide all marital property equitably. This doesn’t always mean equally.  This is not always straightforward and determining what is and isn’t marital property can be a complex undertaking that requires investigation into many different factors provided by Georgia law. This investigation can be costly alone even where the parties agree, and even more so where there is a dispute as to who should be entitled to what.

If you have a child or children, the court still has to decide how to divide all marital property in addition to deciding what is in the best interests of those children. This is an entirely separate analysis and procedure from the above and has its own costs related to investigating and determining what the term “best interests” means for your family in a post-divorce world.

The court charges a filing fee between $180 and $250 depending on the county in which you file for divorce.  The cost of a divorce attorney in Georgia can cost between $200 and $800. This means for all contested matters, there are certain filings and procedures your attorney must follow-through with to resolve those disagreements. Your attorney could be arguing some issues throughout the entire divorce process which can take months or even years.

So what steps can you take to lessen or deal with this impact?

Budgeting Tips

Understanding how to budget first begins with understanding your needs. As it relates to your divorce, what do you and your spouse agree on? What do you disagree on? Do you believe you are entitled to alimony, the cost of your attorney’s fees, child custody, the property? What would your spouse have to say about what you would like to walk away with?

Where you and your spouse disagree on how property should be divided or the children should be situated, those factors are typically described as “contested.” Contested matters require attorneys for both parties to argue for and ultimately convince a court to rule in favor of their client. Child custody and support proceedings typically require a lot of involvement from attorneys and courts and as a result, can be quite complex and costly.

Speak with an attorney to determine what your estimated costs are. Before retaining, make sure you understand how your attorney bills and when you will be billed. After retaining, make sure you communicate with your attorney to know your hearing dates and requirements so that you can anticipate when you will have to spend money for representation.

While you are undergoing divorce, your personal circumstances and financial responsibilities often remain unchanged, certainly not reduced. Sit down, look at your expenses and your income, and determine how you will handle these responsibilities as an individual and not as a couple.  Determine how you will handle your legal fees. Do not forget to factor in filing fees and attorney’s fees into your budget. Also remember, household income can decrease significantly after a divorce.

Set aside an emergency fund by aiming to save 3-6 months’ worth of expenses, use budgeting tools or apps, and monitor your credit to reassess your financial goals and lifestyle, because it will most likely change even before your divorce is granted. However you decide to approach your financial goals, remember to be disciplined and actually follow through.

These are but general recommendations. You should always seek professional counsel from a licensed financial professional or legal practitioner where you have questions or are unsure about your next steps.

Get Help

Budgeting can be a daunting task. It usually results in a better outcome when you consult a financial professional to help you in creating a budget and understanding the financial impact a divorce will have on your finances. Your attorney may seek to save you money by helping the court to rule in your favor, but they cannot tell you how to spend your money or what makes sense for your budget.

The financial and emotional stress of divorce itself can result in lapses of judgment and anguish. Make sure you are taking care of yourself and seeking the assistance of mental health professionals can also be helpful in maintaining your emotional and mental well-being- both of which will help you before, during, and far after your divorce.

Get well.  Stay well.  Plan.  Be prepared.

Josh  Roye

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