You have two options for keeping your expenses to a minimum:
Doing the work yourself is not an option unless you have a very simple divorce. The other alternative, mediation, is quickly gaining in popularity because it gives the couple the advantage of legal expertise but at a much lower price than the traditional adversarial setting. I'll discuss both options below.
Simple Divorce
If you have a very simple divorce--no children and no property--you may want to handle your divorce without a lawyer’s assistance. By no property, I mean no house, no retirement benefits, no business--nothing other than vehicles, cash and household goods. However, even if you fit this description, you probably shouldn't attempt your own divorce if you have significant credit card debts.
In managing your divorce, you will need to prepare several legal documents--a Petition, a Waiver, and a Final Decree--and you may find forms for these at the courthouse library or on the Internet. Also, I know that some commercial enterprises offer these forms; however, my own experience is that the forms you can buy or download are usually not properly drafted. I don't recommend using them.
Even with a very simple divorce, you will probably find that preparing the documents is complicated and time-consuming. And if you have any property, significant debts, or children, you should not even try. You may well end up with paperwork that the judge will not accept--meaning you went to a lot of trouble for nothing--or you may make such a mess of things that you'll pay lawyers a great deal of money to straighten it out.
I'm sorry to tell you that, while you're legally entitled to manage your own divorce, the legal system is so complicated you should probably not attempt it; however, that is the truth. Please contact me if you would like assistance with a simple divorce. I charge a modest fee.
If your divorce is more complicated--and most are--you might consider mediation as a way to keep the fighting and expense to a minimum.
Mediation: Save Money and Avoid a Fight
What is mediation?
Mediation is a way for you and your spouse to sort out the terms of your divorce by agreement, with a neutral person helping you understand the legal issues and work through any disagreements. Mediation avoids the expense and ugliness of a court battle and lawyers haggling over your children and property. It keeps you and your spouse in control of the process and gives you the chance to find solutions that work for both of you. Thus you avoid having a judge decide your future, you maintain a decent relationship with your spouse, and you save a lot of money.
The courts in Texas like mediation so much that they now require ALL cases to be mediated before going to trial.
If you go the traditional adversarial route, each of you will retain an attorney, who will shepherd you through the legal maze and negotiate with your spouse’s lawyer. This method has the advantage of protecting you from direct contact with your spouse in the legal maneuvering of the divorce. Your lawyer speaks for you, gives you advice, and sees to it that you get the best possible "deal" regarding your property and children. Unfortunately this process usually adds up to a great deal of money and often creates more conflict than you started with. For some couples it is necessary, but for most it is unnecessarily expensive and abrasive.
Mediation offers an alternative. If your mediator is a family law attorney, s/he can offer you a great deal of information about the law, help you sort through your options and reach an agreement, and then prepare your paperwork for you. In this process, the mediator remains neutral, representing neither party.
The mediator may require that you both consult with independent counsel at some point during the mediation to be sure that you are clear about your legal rights, have thought carefully through your agreement, and are adequately protected by the paperwork drafted by the mediator. Even with this separate legal counsel, you will probably still save a great deal of money. When you are mediating, you don't need to retain an attorney; you just consult with a lawyer and pay her or him for the time of that consultation.
For more information about mediating your divorce, you might check out The Divorce Mediation Handbook (Jossey-Bass, 1997) by Paula James. It's available at your local bookstores or through www.Amazon.com.
How Do I Find a Mediator?
Here are some places to look for a mediator:
If you live in Travis county, or nearby, I hope you will also give me a call. Even if you live elsewhere in the state, I may be able to help. I have mediated over 1800 divorces and written three books on divorce mediation. The most recent, The Divorce Mediation Handbook (Jossey-Bass, 1997) is available at your local bookstores or through www.amazon.com.