Posts Tagged ‘lawsuit’

What Should a No-Fault Divorce Cost?

Saturday, April 28th, 2018

For anyone faced with the daunting task of ending their marriage, the realization that legal obstacles can be more than expected is essentially inevitable. Divorce presents significant emotional turmoil for everyone involved, children no less. Often, we receive calls from prospective clients rightfully wanting an idea of the cost of severing marital bonds. The reality is that divorce costs hinge on a myriad of factors, including the extent that the husband and wife can agree on particular issues (visitation, alimony, custody, dissolving the marital estate, etc.), the jurisdiction, and the level of animosity between the parties. Succinctly put, there is no set price that applies to legal fees for a “generic” divorce. No such creature exists, however good advice does exist and that often will consist of attempting to place feelings to the side and compromise for the sake of yourself, your spouse, and the children of the marriage.

According to a 2016 publication by CBS News, Mississippi is the 5th cheapest state in the nation in which to obtain a divorce. CBS reported that Mississippi residents pay on average two-hundred and twelve ($212) per hour for divorce litigation, far less than the national average of two-hundred and ninety-four ($294) per hour. Although being one of the poorest states in the nation affords some relief to the prospective divorcee’, the lack of a true “no-fault” divorce mechanism can present serious obstacles where the parties are unable to agree on custody, support, property division, and the myriad issues attached to the financial obligations and abilities of the parties. We have opined as to the need for a true “no-fault” legal mechanism largely due to the frequency of a party holding a divorce hostage without a payout. We feel that this tactic is closely tantamount to extortion and therefore unfair, raising costs for all involved.

Nolo.com found in 2017 that the mean (most common as opposed to an average of all respondents) divorce litigant pays two-hundred and fifty ($250) per hour for divorce litigation. According to Nolo Legal, “A few people reported that they paid their attorney as little as $50 per hour, and a few reported paying as much as $400 to $650 per hour. But the vast majority paid between $150 and $350 per hour, with $250 per hour being the most commonly reported fee”. Furthermore, in the same study Nolo Legal determined that the average person paid fifteen-thousand five-hundred ($15,500) for divorce when factoring in both fault divorces (litigation) and agreed divorces (in Mississippi a.k.a. “No-Fault” divorce). Talk about sticker shock. This figure is brought down by the relatively low cost of Irreconcilable Differences Divorces (“No-Fault”). The average cost is certainly higher when the parties must litigate various issues due to an inability to compromise.

Where does this leave a divorcing spouse? In short, costs for an agreed/no-fault divorce are sufficiently lower than litigating the issues that affect the parties. In my experience, the average no-fault divorce will take between three (3) and ten (10) hours of attorney time. When the parties do not have children or own real-estate or a business, it is feasible to obtain a no-fault divorce for less than seven-hundred and fifty dollars ($750). Complexity and thus time/cost is directly related to the complexity and the willingness of both to agree to compromise. Do not waste a substantial amount litigating over emotion or vindication of right versus wrong. Often it is much easier to shelve any negativity toward your spouse in the interest of saving money. Any amount spent is better on the kids’ college fund or a much-needed vacation.

Matthew Poole is a Jackson, Mississippi domestic attorney who specializes in family litigation. He was admitted to practice in 2004.

No Law Degree Needed to Know What’s Fair

Wednesday, April 18th, 2018

Many lawyers will tell potential clients that immediate action is needed to protect their rights and that they need to file a lawsuit now. This is often correct, as claims often go stale and witnesses forget what they have seen. However, in domestic relations law, sometimes the best practice can be resisting the urge to file a lawsuit and go to war.

Chancery courts are courts of equity, which means that the chancellors of those courts will seek to rule in a way that is the fairest to both parties. This allows clients who are not familiar with the process of a lawsuit to do a lot of the ground work themselves or through their attorneys. You do not need a law degree to know what is fair. Our office often receives calls from potential clients who have not talked to the other party about the situation, when that actually may be the best course of action.

Of course, sometimes lawyers may be more aggressive about starting a case than they should be. The thought process is that maybe the other side will realize what an inconvenience a lawsuit is and will be open to settling. While this may work sometimes, it seems like an unnecessary step in getting to what’s fair. Those two parties who once shared a bond or perhaps still share a child can only benefit from at least trying to communicate about what is fair to make it easier on everyone involved.

If you believe that a lawyer you meet with seems hell-bent on filing a lawsuit to get you what’s fair, you may want to speak to a different lawyer. When you leave that lawyer’s office, you should not feel as though you must file a lawsuit or they will not help you. Some parties only need the advice from a lawyer to try to talk to the other person, and in most situations it is worth the time and effort to try that. Otherwise, the nasty back-and-forth of a lawsuit will drain the time, resources, and emotions of the parties.

The lawsuit is a great thing that allows Americans to seek redress of the wrongs done to them. However, this process can also be abused. In chancery courts, where equity is king, sometimes the best option is to talk it out. If you visit a lawyer who seems to not consider that an option, a second opinion may be just what you need. If you or someone you know is going through a situation like this, call the Law Office of Matthew S. Poole. We have the experience in these matters and will give you an honest answer as to all of your options.