The affordability of divorce is a serious question. While in some cases a mutual loathing will cause a constructive sense of a mutual endeavor, this is quite rare. Most frequently, you will battle until the last dime is spent. I remember reading a study of California couples where most spent all of their assets by the end of the divorce and then spent considerable additional amounts, ending up in debt.
Fortunately, most divorces are virtually uncontested. When they aren’t and the participants are not wealthy, then they might not be able to afford a divorce. Children contribute to this mightily, but not always. Frequently, one spouse really doesn’t want to get a divorce.
A controlling spouse may, when confronted with what is perceived as rejection, file and drag out the process as long as possible.
So ask yourself if you can afford a serious battle. If you run out of cash when the other side has a lawyer, you will be sunk. The lawyer will draft a very unfavorable agreement for you to sign.
You should figure on a minimum of ten thousand dollars for a simple divorce with few assets where the other side is trying to fight over the teapot; an uncontested divorce can incur several hundred dollars in legal fees. The other rule of thumb is to plan on spending five thousand dollars more then the other side is willing to spend; however, if you both have five thousand dollars to your name and make $35,000 a year, then a divorce might not be in your future if you can’t come to some basic agreement on the assets.
It may sound silly, but I’ve run into people who’ve been separated for years and have not bothered to get divorced because of these considerations. The court costs of $376.50 for cases with children can make a divorce another in a list of priorities like food, medicine, or rent.
For these reasons, lawyers should encourage their clients to be generous. A legal battle benefits the lawyers, and constitutes a risk for anyone else. Additionally, leaving matters unfinished can lead to expensive post-divorce litigation if you have children.
