Divorce is something that tends to produce powerful emotions in those who experience it. Most enter the institution of marriage with the intention of a permanent relationship, and whenever this permanence is disrupted, intense, deep-seated reactions follow. You may desire a smooth, relatively stress-free divorce, the reality is that ending a broken marriage frequently involves substantial negotiations between the parties, often leading to conflict. Or alternatively you may be operating from a place of anger or hurt. Conflict can take various forms, but one important thing to know: conflict is the number one driver of cost in divorce. Of course, certain issues might be resolved more easily and therefore in a low-cost manner, but it’s important to maintain perspective. Fighting over those teacups you want will probably cost you more than they are worth in lawyer fees and court costs.
Exactly how does conflict impact the overall cost of a divorce in the Dallas Metroplex? There are different types of conflict which emerge in the context of Dallas area divorces, and we will shed light below on precisely how these types of conflict affect cost. Our legal team is well-versed in navigating conflict, using non-adversarial techniques to minimize conflict and preserve as much as the marital financial estate as possible. Although expecting your divorce to be “conflict free” may not be reasonable, the information below should educate you about how conflicts affects the cost of the divorce process.
The Many Different Forms of Divorce Conflict
To understand precisely how conflict affects the cost structure of divorce, we breakdown and examine the various kinds of conflict which can show up in your divorce.
Property Division:
One of the most frequent forms of conflict is disagreement on financial valuation of the marital assets., this type of dispute invariably leads to greater costs and usually requires extensive litigation and potentially even experts such as parenting facilitators. Parents often need to provide testimony along with other evidence, “best interest” attorneys such as a guardian ad litem may be appointed by the court, children may even be interviewed, and so forth. The court may also order a custody evaluation, a months-long process that involves evaluation by another third-party professional. Court hearings will be had. The extent of the cost impact will of course all depend on the specific details of the disputes, but you can see how expenses can add up very quickly.
Business Valuation and Ownership:
If you own or co-own a business, determining the value of the business can be tricky. The type of business (retail/service based or professional practice), income versus assets (revenue, client lists, IP, tangible assets), and business good will come into play. Hiring the right financial experts, such as a business valuation expert, a forensic accountant, or a tax professional, will drive up costs. Negotiating buy-outs can also be a lengthy process, adding more legal fees.
Emotional cost:
Using adversarial techniques, staying mired in the past rather than focusing on the future, and airing your dirty laundry in public come at both a financial and emotional cost. Going after an asset at all costs out of spite hurts you as well, draining away the money available to be divided between the two of you. You sacrifice your privacy (personal and professional) when fighting it out in public court, adding to the cost of constant conflict, increased emotional exhaustion, and stress for the entire family.
Other Types of Conflict:
There are plenty of other types of conflict as well – disagreements regarding alimony (or “spousal maintenance”), modifications to temporary custody orders, modifications to temporary alimony orders, conflicts regarding the enforcement of court orders, etc. – and each conflict will have a unique effect on the total cost of your legal matter.
Bottom Line: Conflict Costs You
No matter what the exact nature of the conflict may be, conflict inevitably leads to increased costs because they usually require more of your attorney’s time, additional resources, and court hearings, to attain a resolution. Hiring a CPA, or fighting about custody in court, or refusing to compromise about a particular issue in a marital property settlement agreement, all take time, energy, and ultimately financial resources to resolve. While a conflict-free, smooth divorce isn’t the norm, a divorce that is focused on reaching resolution is still certainly something to strive for and is possible. Staying focused on the life you want and working through the legal process with that in mind can help you reach a settlement that protects what matters most and sets you on the path to a brighter future.
Contact Hargrave Family Law for More Information
We at Hargrave Family Law understand that divorce conflict can add not just material costs, but emotional costs as well. Major disputes not only deplete financial accounts, but can also lead to the deterioration of one’s mental health, spill over onto the children, infect your social circles, and detrimentally affect your business, among other things. Navigating the divorce legal process can be extraordinarily challenging. It is crucial to have the right legal advocates on your side who empower you to make the best decisions for you and your family. Reach out to us at Hargrave Family Law today to learn about your options to minimize conflict and start writing your next chapter with hope. We’re here to help.
