How to Reduce Arizona Divorce Costs in the Litigation Process

Almost anyone who has been through a divorce will tell you that it is stressful and sometimes scary. It can also be expensive. According to FindLaw, the average divorce costs and fees in Arizona (AZ) reach more than $10,000.

For those contemplating divorce or going through it now, there are things you can do and steps you can take to make the process simpler and less painful. These best practices can also help reduce Arizona divorce costs while still protecting your assets and interests.

What the Divorce Process in Arizona Involves

Divorce involves dividing marital assets and debts, such as bank accounts, investment accounts, retirement accounts, real property (house, land), personal property, and debts (credit cards, lines of credit, mortgages, etc.).

Where there are children, divorce can also include issues of custody, which is now referred to as legal decision-making authority and parenting time (and includes a regular weekly parenting schedule and the division of school breaks, birthdays, holidays, Christmas, Easter, etc.).

The divorce process can become difficult, complicated, emotionally grueling, and expensive. In general, people divorce because they’re not getting along, and when emotions are running high, everything can be a fight. But that’s a trap, because in a divorce litigation, the more the parties fight, the more their divorce will cost and the longer it will take to complete. However, there are ways you can reduce your legal expenses, and your stress, while going through a divorce.

This article will discuss strategies that our clients have used to successfully navigate their divorce and minimize both conflict and costs.

What Your Goal Should Be

When meeting with our clients, we discuss what their goal should be. We often use the analogy of a pie. Imagine that all the money and property you and your spouse have accumulated throughout the marriage is baked into a pie. In a divorce, the parties will have to divide that pie.

However, both parties are paying their attorneys to represent them and their interests; therefore, some of that pie will go to paying the attorneys. Thus, it is important to keep in mind that the more you fight each other in the litigation, the more your divorce is going to cost. So, what should your goal be? Well, for one thing, it should be to give the smallest possible slice of the pie to the attorneys.

And how do you do this? The answer is that you can reduce your attorney’s time and your expenses by being as organized, logical, collaborative, and cooperative as possible, so that you are able to settle the case early, or at least prepare for and conduct a trial efficiently. This does not mean allowing anyone to take unfair advantage of you. You have a right to insist on your fair share of everything that you are entitled to by law. What it does mean, though, is that you’ll need to think rationally and avoid making decisions out of fear, anger, panic, or revenge.

Things Your Arizona Divorce Lawyer Should Do

Throughout the divorce litigation, there are things your lawyer can do to help you move through the process and increase your chances of a favorable outcome. The attorney should:

• Communicate with you on a regular basis to keep you informed, and answer any questions you may have;
• Explain the law regarding how property is divided, how child custody (legal decision-making and parenting time) is decided, and other matters;
• Determine whether child support or spousal maintenance is applicable and, if so, how much should be paid;
• Gather all the pertinent facts;
• Put together your financial records for disclosure to the other side, as required by law;
• Request your spouse’s financial records;
• Obtain other information that can potentially be used as exhibits at trial;
• Interview witnesses, if necessary;
• Take depositions, if needed;
• Work with you to put together a game plan for your negotiations, or for trial in court; and
• Prepare and file motions, and appear at court hearings and/or the final trial.

It Helps if You Understand the Divorce Process in AZ

Divorce litigation is a process, and it is a relatively slow one. There are steps that are required and necessary. For instance, it is impossible to effectively divide assets unless you know exactly what assets there are to divide. And the same with debts.

Therefore, marshalling your assets and debts is something that must be done before you can properly determine how to divide your property and begin negotiating. This is sometimes done through formal discovery, which is the process of requesting and obtaining a full disclosure of financial information from the other spouse. It can also be done by taking depositions or sending subpoenas to banks or financial institutions for account statements or other documents.

Once you have gathered all the pertinent financial information, you can begin the process of negotiating a fair division of your money and property, as well as child support and spousal support (if applicable).

Acting Strategically Can Help Reduce Arizona Divorce Costs

By being thorough, organized, and prepared, and keeping your emotions in check, you can increase your chances of getting through the divorce process and reaching a fair settlement, or obtaining a favorable outcome at trial, without spending additional money unnecessarily.

The Phoenix divorce lawyers at Frank Amar Matura know the divorce process can present plenty of challenges, worries, and expenses for families. Our goal is to reduce these burdens by handling your case with skill and efficiency.

To discuss how we can work with you to minimize your Arizona divorce costs and achieve a successful outcome, please reach out to us at our office in Phoenix, AZ, conveniently located at 24^th at Camelback in the Biltmore Area. You can get in touch by calling 602-922-9989 or completing this online contact form. We look forward to talking with you!

The information contained in this blog post is provided for informational purposes only, and is not intended to be, nor should it be construed as, legal advice. Reading this information does not constitute an attorney-client relationship. For advice regarding your individual situation, you should consult with an attorney. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established in writing. To schedule a personal consultation, you can contact us at 602-922-9989 or reach us by email at info@famlawaz.com.