10 Ways to Get the Hell Out of My Office As Fast As You Can
In a perfect world you would have read the article 10 Ways to Stay the Hell Out of My
Office, and
you would not need me (oh, and I would win the lottery, travel the world and
run my charitable foundation, but I digress). Alas, this is a wonderful, but
less than perfect world and divorce lawyers are a necessary evil. Some
marriages cannot and should not be saved. Some were never right to begin with,
some are broken beyond repair, and some marriages have only one person holding
its shattered pieces together with duct tape and chewing gum.
The ending of
your marriage is a beginning of a life full of love, but you have to get to the
end first. Hopefully you will do it with the least amount of collateral damage
possible. If not, you risk trading your child's hard-earned college funds or
your retirement accounts for outrageous legal bills. I can tell you for
certain, if I had to hire myself, I would be in big financial trouble. Long
ago, when going through my own divorce even paying for incoming and outgoing
faxes at $1.00 per page set me back $90, and I thought I was going to be sick,
with a small child to care for it might as well been $900. An hourly rate of
$400 translates to over $6.50 a minute and those hours and minutes add up
quickly. Even the simplest divorces can easily add up to tens of thousands of
dollars better spent just about anywhere else. A nice sabbatical in Paris will
do more for your soul than getting the china, I assure you. Pay for your
child's education or pay for your attorney's child. Many times the choice is
yours.
So if you
can't stay the hell out of my office, here are a few ways to get out as
quickly, economically, and as painlessly as possible for the sake of your
wallet and your sanity.
1. Hire a good therapist.
If you want
me to be your lawyer this is not a suggestion, it is a requirement. You will be
faced with difficult issues throughout your divorce and long after. These
decisions will have lasting financial and emotional consequences for you and
your children. The dynamic of the marriage is likely the dynamic in the
divorce. There is often one party with more power, one party who is more
prepared to move on, and numerous issues of communication and trust (or you
might not be here to begin with). All of these issues play an important part in
how effectively and quickly this process works. Your motivations and
expectations need to be examined by someone who is not your best friend or your
Mom. Most of us generally operate under the premise that we don't have the
luxury of a nervous breakdown. We are too busy with kids, parenting, work and
just trying to remain effective or at least moderately functioning. Never
underestimate the power of losing your crap once in a while. Therapist offices
are perfect for that with comfortable furniture and plenty of tissues. Healthy
people make good decisions because they have worked to understand how they got
to this place. Getting help to get past the pain will allow you to make
decisions for the right reasons. You will also benefit from being less likely
to need a lawyer the next time around.
2. Have realistic expectations your divorce and of the process.
It is hard
for people to understand this will take some time. The timeline and deadlines
are prescribed by law and our Courts are packed. This will not happen
overnight. Disclosure takes time. No matter if you have Clarence Darrow as your
lawyer, anyone who tells you that you will "win this thing" is short
sighted at best. You will not get everything you want in this process. Divorce
starts with simple math, and divide by two. No matter how much (or little) you
have to begin with, you will have less. With this divorce will come two
mortgages, two cable bills, and so on.
There are no
guarantees in Court. I have "won" cases I thought I would surely lose
and had terrible outcomes in cases I thought were as clear as can be. The idea
that you will just leave this process to the judge who will determine what is
"fair" is a dangerous game. I assure you, the Court's idea of fair is
significantly different from yours. But fair is the place you get funnel cake
not anything you will see in divorce. This is true no matter who your lawyer is
or how much money you spend. There is a big difference between what is right
and fair from a moral standpoint and the law. Often the Court, although well
intentioned, has its hands tied by a little thing called the law. The law
always wins out over everything else.
Reasonable
expectations and positions lead to less fighting and therefore less fees. The
sooner you understand that this situation is rarely "fair", the
faster and cheaper you will get the hell out of my office. Fights over
principal are expensive and really never change anything in the end. I would
rather hold onto a few more dollars than prove that I'm right on just about any
issue.
3. Treat Your Divorce as if it is a job.
Be aware of
your deadlines. I know it's easy to try and ignore the situation, but this will
not make it go away. Get those documents to us before they are due. Extensions
cost time and money. Don't dump documents on us in a disorganized fashion as it
will take us additional time and money to put them together. Return our calls
promptly and keep us informed of changes in finances or other situations. The
more you do, the less I have to do. Even paralegal time can be $100 per hour or
more. Think of how hard you work to make $50,000 a year at your job. You work
40 hours a week or more for 50 weeks out of the year. The work you do and the
focus you give to this divorce can make you thousands of dollars better off in
your result. No one knows your life better than you do, including relevant
details about your spouse, or about that account in the islands. It may be
easier to "just let the attorneys handle it," but the more you stay
involved, the less you will spend.
4. Choose your battles and how you fight them.
There is no
reason to pay an attorney to fight over your personal property, but people do
it every day. I am sure your stuff is fabulous. Your couch is one of a kind and
no other couch will do. You are Goldilocks and this particular couch is
"just right". For $400 an hour for each side and add another $400 an
hour for your mediator, you can buy some really nice new stuff. The cost
benefit analysis is crucial. Sometimes the motivation for decisions has nothing
to do with the issue in front of you. It is really never about the couch. (See
number 1- Hire a good therapist).
Letting the
other side know you care too much about the outcome of any one issue can be
counterproductive to getting what you want. Act ambivalent, or better yet,
actually be open to compromise as much as you can. You will often find it
easier to end up with the house or more importantly Christmas morning with the
kids. Most of the things you are fighting for are just things. The rest tend to
work out in time after the heat of the emotions dies down. Timesharing cases
often settle into one of two scenarios. The person fighting so hard but never
stepping up before does not take the timesharing arrangement they fight so hard
for, or they really step up to the plate and your kids are better off for it.
You will not
get everything you want, and you will have to give up things that are important
to you. That really great one of a kind couch, your house and even a few
friends may be casualties of this divorce. There is no good outcome when you
have to spend even one night away from your young child or when you have to
sell a home you have lovingly created over many years. We say in this business
a good result is one where both parties are unhappy. You get less than you
believe you are entitled to and the other party gives up more than they wanted.
5. Listen to your Attorney.
I was not my
own divorce attorney. I hired someone who could be objective when I could not
be. You are paying your lawyer a ton of money and presumably, they are seasoned
in what they do. Listen to them. You will save yourself a considerable amount
of money and aggravation in the end. They have been down this road a time or
two. When they tell you not to do something, don't do it. Sometimes you may not
understand the big picture the way your lawyer does or the serious implications
of acting a certain way or taking a certain position. If you don't want to take
your attorney's advice and are hell-bent on doing it your own way, save your
money and do it yourself.
6. Remember this is not your friend's Divorce.
Here in
Florida, I call it the PGA pool syndrome. Everyone talks to their friends about
how much alimony and/or child support they are receiving and thinks their
result should be exactly the same. No two results are ever the same as there
are no two identical sets of facts. Your friend may be receiving permanent
alimony but they were married 25 years and you were married 10. They may be
receiving $15,000 per month but their spouse earns twice as much as yours.
There are numerous factors in play and comparisons to anyone else are likely to
set unreasonable expectations from the outset. Your divorce will be based on
your factors, not anyone else's. Comparison to anyone else is just a poor idea
in your divorce and generally in life. Don't ask why you can't get more, ask if
you will have enough.
7. Let your attorney hire the experts needed.
There are
many times when outside experts are needed to properly evaluate and present
your case. Forensic accountants are often crucial to the proper and efficient
presentation of the evidence. While the initial expense may be intimidating,
hiring an expert can often save money in the end. Remember you get what you pay
for. Things will move more quickly if you hire someone who has the proper
expertise. Let your lawyer present the best case possible.
8. Tell the truth.
Beware of
anyone who encourages you to do otherwise. Credibility is everything, in Court
and in life. It does not matter what you fail to tell the truth about, big or
small. My job and the job of opposing counsel is to catch you in your lie (and
most of the time, we do). A lie then colors all you say to the other side
making settlement more difficult or worse in Court where to the trier of fact
will give a little weight to your testimony. Be transparent. Provide the
documents the other side is requesting because if you don't, you will spend a
ton of money and more than likely have to turn the documents over in the end.
If you don't tell your lawyer the truth, they can't help you. Tell the truth because
it is the right thing to do. Tell the truth because you are required under the
law and because if you don't, you will likely have to find a new lawyer.
9. Be cooperative with each other.
Get informed
about your finances and collect all the documents you can together with your
spouse to avoid duplicative efforts. Help each other when you can. Watch the
children so your soon to be ex-spouse can work. Be on time. Talk to each other
about schedules, activities and finances. Send the kids with clean laundry,
share clothes and toys. The more you cooperate with each other, the less the
lawyers need to be involved in the micromanagement of your life.
10. Get perspective.
Divorce
sucks, I get it, I have been there. However, in the scheme of life there are
worse things, much worse. Health issues, a sick child or the loss of a loved
one are things you really need to worry about. This divorce stuff will pass, it
really will. This divorce will bring you a new life, which is hard to see when
it feels like you have been punched in the stomach. You need to get some
perspective. When my daughter was a baby, there had been an accident and she
was significantly delayed with her speech. When she qualified for special
services, I was devastated, literally sick and felt like my life was so
horrible. Why did this happen to me? As I was walking out of the facility,
feeling quite sorry for myself (when it was my daughter that was struggling), I
noticed there was a row of neatly lined up tiny wheelchairs. I was quickly
brought back to reality that my issues paled in comparison to the struggles of
so many others. It could have been worse. Instead of feeling sorry for myself
that my daughter had issues, I was reminded to be grateful there were services
to help her. I am quite sure that was a turning point for me. Perspective is
something I try to remember whenever things feel overwhelming. Keeping your
divorce in perspective makes it easier. Perspective is powerful; it gives us
the ability to control our outcomes even when we feel out of control.
Opportunities to get a little perspective are all around you, you just have to
look outside your own issues. Spend a little time helping others when you are
hurting, it just feels good. Perspective helps you heal, and the faster you
heal, the faster the process and the sooner you get the hell out of my office.
The divorce process will be hard and often painful but you will
get to the other side and be happy again. This I can promise. You will love and
be loved again. You will laugh a million times. It will be a part of your
story, but not the most important story of your life. You can handle anything
this life hands you. You have done it every day of your life so far. So, as
much as I enjoy helping people through this difficult time, I would rather get
you out of here as quickly as possible, maybe you will send me your best
friend, unless, of course, she makes the Choice to Stay.
© Krista Barth 2015
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