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Most couples filing divorce petitions in New York anticipate litigation. They often assume that the disagreements that led to the breakdown of their marriage will carry over to their divorce. It is certainly possible that you or your spouse will contest at least some of the issues in your case.
However, as you navigate the court process, it’s important to stay aware of the full cost of divorce litigation. In some situations, you may never recover the costs of fighting for a marginally better outcome. You might even incur those costs without any benefit if you lose the issue.
Understanding the true costs and risks of litigation can help you decide whether to try alternatives like mediation or settlement.
Costs Associated With Divorce Litigation
As you consider your options for handling your divorce, you will want to ensure you have an idea of the true costs of each process. The cost of divorce litigation can include the following:
Money
The most obvious cost of litigation comes from the monetary expenses. According to one study, the average cost of a divorce is $11,300, but every case is different. Some costs you can expect to pay during litigation include:
- Legal fees
- Filing fees
- Expert witness costs
- Deposition expenses
- Process server fees
Of these, legal fees will often be the most costly. Still, you don’t want to dismiss the other fees as negligible. For example, an expert witness in accounting will charge you to analyze your spouse’s finances, prepare an expert report, and testify in court, which can quickly add up.
Time
The time to resolve a contested divorce is often significantly longer than the time for an uncontested or mediated divorce. In addition to delays while waiting for a trial date, contested divorces can also include a lengthy discovery phase.
Before trial, both parties will likely file motions seeking to set the ground rules for the evidence and issues presented at trial. Many of these motions will require a response and a hearing, incurring costs and eating up time.
Risk
Many people go into litigation certain they will win. But every issue in the adversarial court system produces a winner and a loser, and even the best litigators in the world lose sometimes.
The risk of losing comes at a price when it comes to divorce. When you spend time and money on a motion, you view it as an investment in getting a more favorable trial environment. But if you lose the motion, that time and money was, in a sense, wasted. You have also handed your spouse’s lawyer a win.
Emotional and Physical Toll
The litigation process can be highly stressful. Stress, in turn, can cause your body to release hormones like cortisol that can affect you mentally and physically. You might lose sleep and suffer headaches. Long-term stress from a drawn-out divorce can even lead to high blood pressure and other physical ailments.
Balancing Costs and Benefits
As you review your options, try to balance costs and benefits objectively. Your emotions about your divorce may make objectivity difficult. Keep in mind that life goes on after your divorce ends, and you should avoid the option that only satisfies you in the short term.
One tool for viewing matters objectively is mediation. In this process, a mediator tries to get the parties to look at matters from the other’s point of view. Mediation often helps the parties dial down the contentiousness and find common ground.
Contact Our Experienced Divorce Lawyers Today
The cost of divorce litigation can threaten your physical, mental, and financial well-being. Contact Aiello & DiFalco, a seasoned family law firm in Garden City, New York, to discuss the best options for handling your divorce today.