If you’ve read our previous blog posts, you know that one of the hardest decisions in a divorce process is the decision to get divorced. Once you and your spouse arrive at the decision to get divorced, and you’re thinking about what to do next, you probably have at least one of the following questions:
- How much does a divorce cost?
Short Answer: Anywhere from nearly free (Few $100) to $50,000 or more.
Long answer: It depends. As we discussed in one of our prior blog posts, the biggest factor is how you decide to proceed in the divorce negotiation: hiring an expensive divorce attorney, negotiating it yourself, or using Maryland Divorce Mediator’s Collaborative Process.
A recent study from the USA Today (https://www.usatoday.com/picture-gallery/money/2020/01/21/divorce-us-heres-how-much-costs-separate-each-state/4502754002/) found that in Maryland, it costs on average $14,000 to get divorced without kids, and $21,000 if you have kids. A recent survey by the legal marketing website Nolo found that the nationwide average cost for a divorce was $12,900. (https://www.nolo.com/legal-encyclopedia/ctp/cost-of-divorce.html)
As the vast majority of couples divorcing retain divorce lawyers, these numbers assume astronomical divorce attorney fees. At Maryland Divorce Mediators, we utilize experienced divorce lawyers (the same ones who might have been earning a $15,000 or $25,000 fee!) to work jointly with couples as a mediator to offer guidance through the divorce process.
If you work with a divorce mediator, you’ll still be paying an hourly rate for a divorce attorney mediator, but the total time spent on your case will be a fraction of the time an attorney would spend — and therefore your fees will be a fraction compared to the traditional route of retaining a divorce attorney.
- How long does the divorce process take?
Short answer: anywhere from 8 weeks to a year or more.
Long answer: Assuming each spouse retains his or her own divorce lawyer, the lawyers will rely on the court system – and the court’s schedule — to resolve the divorce. In a divorce case, the court papers ping pong back and forth between the lawyers, with ample time for each side to respond to one another (typically 30 days between each court filing). In Maryland, in a contested divorce case, don’t expect to have a final divorce hearing for a year from when the case was first initiated.
Uncontested Divorce Cases go much faster. The court clerks can expedite a divorce case that has already been resolved. In many cases, after couples have met with and paid their respective divorce lawyers, the lawyers will help the couples resolve the case, and the case will move forward a little faster. But of course this occurs after the parties have already incurred thousands of dollars in legal fees.
At Maryland Divorce Mediators, we focus on Maryland’s expedited uncontested divorce process to get couples a resolution in a matter of weeks. Once couples reach a resolution through our Collaborative Divorce and Divorce Mediation process, they can apply for the expedited uncontested divorce, and usually will have a court date within a few weeks — we estimate a 8- to 12- week time frame.
- My spouse is the one who wants a divorce — My spouse is at fault. Shouldn’t I get more?
Short answer: Maybe. Maybe not. It all depends.
Long Answer: No, seriously. It all depends. Unlike most other areas of law, divorce courts are known as a “court of equity.” This differs from a “court of law” in a key aspect: Judges have much more discretion in divorce and custody cases than in other types of cases. A judge can award what she feels is “fair” (equitable) rather than abide by strict legal guidelines. (There are decades of legal precedent – judge’s guidance — but so much so any case could go either way). Through our divorce mediation process, we strive for the parties to arrive at a result that is fair and equitable — on your own terms.
A good divorce lawyer can make a case either way in almost any divorce case. A divorce case is like starting a game of chess — either side has an equal chance of winning and most fair chess matches end up with just a few pieces on the board by the end of the game. Maybe you’ve cornered your spouse — but at what cost?
At Maryland Divorce Mediators, we feel like you know what’s equitable — what’s fair and reasonable — in your own case. We’ll explain the legal factors but we stop short of making the case or advocating for one side or the other. In a good collaborative divorce and divorce mediation scenario, each side will concede a little bit, a stalemate. In a divorce, no one will walk away happy, but after mediation you will walk away feeling the result was fair and equitable.