It is impossible to get out of paying expenses associated with the divorce process, such as the filing fees. The cost of a divorce, however, is something that can be controlled by the parties involved if they have a grasp of the five elements that contribute to an increase in that cost and how to avoid those problems.
Legal disputes over child custody.
Any divorce that involves children under the age of 18 will inevitably incur certain costs. Even the most amiable parties are bound to have some petty issues that need to be ironed out after they have divorced. The majority of the time, one parent will provide financial assistance for the other parent’s children. When every facet of child custody is a full-on conflict between the former partners, the costs associated with obtaining custody of the child climb rapidly. A contentious argument can arise between parents over a variety of issues, including living arrangements, vacation plans, visiting rights, and decision-making authority.
There are some battles that are unquestionably worth the effort. Disagreements that are based on what is best for the child should be addressed, rather than parental hostility toward one another. Keeping children at the forefront of discussions can assist parents in concentrating on what is truly essential and reaching an amicable resolution to other child custody concerns.
Complex Property Division
The state of New Mexico is a community property state. Any assets or debts that were accumulated during the course of the marriage are regarded as belonging to the community of the married couple, whereas anything that was accumulated prior to the marriage or after the couple has divorced is regarded as separate property. The seemingly straightforward explanation overlooks the inherent complexity of the process.
When property is converted into another form, dividing it up might be difficult (originally separate property becomes marital). Marriages that last for a longer period of time have a higher chance of transformation. When a couple has been together for a longer period of time, there are typically more assets and debts to divide. Marriages between wealthy people typically involve some combination of the following: commercial interests, international investments, trusts, and real estate. The requirement for forensic accountants, company evaluators, and tax professionals all contribute to a rise in the cost of this obligatory aspect of any divorce. Having said that, an equitable settlement in a case of this nature absolutely requires the incurring of these additional costs.
Responsibility with regard to Financial Obligations
The question of who will end up with what piece of land is only half of the puzzle. Mortgages, auto loans, credit card debt, student loans, medical costs, and other liabilities need to be effectively separated, and decisions need to be made about how to handle each of these types of debt. It’s possible that one partner will not only get the car, but also the debt that goes along with it. Even though only one person’s name is on the credit card bill, both parties may be held responsible for the debt if it was incurred to pay for one partner’s medical expenses incurred during the course of the marriage.
It’s possible that one of the spouses will leave the family home either before or after the divorce is finalized. Boxes and supplies for moving, movers and moving trusts, utility deposits, rent, and other fees typically fall on the individual’s shoulders who is moving.
After the divorce, a person will be solely responsible for expenses that were previously split between both parties, such as automobile insurance. Ex-spouses should keep this fact in mind. Alimony is a potential new expense for one of the partners in a marriage. The provision of spousal support is intended to buy a lower-earning spouse some additional time during which they can work toward financial independence.
The Process of Challenging the Terms of the Divorce
Both collaborative divorce and divorce mediation can include a large amount of back-and-forth between the parties involved. If these less controversial means of getting a divorce don’t work out, it will take more time, effort, and money. Although going to court to end a marriage is sometimes the most effective course of action, doing so will almost always result in a higher overall cost of the divorce. The attorney is required to submit formal documents before the court in order to provide context for the issues at hand. Divorces that include litigation are subject to the court’s schedule, which is not exactly famed for its efficiency. Additional time will be required by the attorney for the filing of pre-trial motions, the taking of depositions, and the preparation of expert witnesses.
Hiring a Divorce Lawyer Who Is Lacking in Experience
A divorce attorney who does not fully comprehend or explain all of the rights clients have in a divorce can have one of the most costly long-term effects on the parties and the cost of a case. If a client’s assets and debts are improperly divided throughout the negotiation process, the client may end up with an insufficient amount of assets and an excessive amount of debt. Parenting agreements that are not written well almost always result in larger and more expensive problems in the future.
Conduct research about an attorney’s background and experience before deciding to choose them to represent you in your divorce case. Investigate the manner in which they handle each case and their clients. Find out if they are easy to reach or if it will take some effort. Talk to people you know who have gone through a divorce. Conduct consultations with a number of different attorneys to identify the one who is most suited to handle your matter.
Make an appointment with a Justice Legal Group attorney to have a discussion about concluding your divorce in the most expedient and successful manner possible. You can reach us by phone at (505) 880-8737 or via our website.