Conference quark::human_relations-v1

    
    You will pay big later by piking on a lawyer.
    
    Get quality, it will pay big dividends later in 
    $$ and peace of mind.

Of course, it would help if you specified where you were.  Perhaps you
should ask in a conference specific to your locale.

However, I agree with Bob that skimping on a lawyer can cost you much
more later.

		Steve

I believe lawyers usually charge by the hour for divorce cases, so your fee will
vary depending on how much work he or she has to do for your divorce.  (At least 
in NH, it is not legal (or ethical) for a divorce to be handled on a contigency 
basis (i.e., lawyer fee based on award)).  That's why 'no contest' divorces are
much less expensive than hotly contested divisions of property and/or custody 
disputes: there's less time involved in preparing them.  

The initial consultation is often free, or its cost can be applied to the total 
bill.

I believe most state Bar Associations will provide assistance in locating a 
lawyer, and will consider ability to pay.  Check your local yellow pages under 
"Legal Referral Services".  

		Helen

    In NH, legal fees usually begin with a retainer of $X.  Then you use it
    up via hourly fees.  I venture to say that 85% of the cost goes toward
    arguing with the other attorney on issues related to property, alimony,
    child support etc etc.   The court paperwork & documents are the cheap
    part.
    
    To minimize the costs, try an official arbitrator.  They are FAR less
    costly than $/hr x 2 lawyers.  Its the negotiations with cost the REAL
    big bucks.  This can be a low cost solution.
    
    good luck
    /t

    My husband and I are currently working through a mediator for our
    divorce.  It requires both parties sitting down with another party, in
    this case (I believe certified) mediator who just happens to be a
    counselor also.  We talk about what needs to be worked out, who gets
    what, etc. and she draws up a settlement agreement.
    
    She then recommends we each take a copy of the settlement agreement to
    an attorney just to be sure nothing was overlooked, thereby paying each
    attorney one hourly fee each.  The settlement agreement can then be
    taken through the court system without the aid of an attorney.
    
    In our case, 2 sessions with the mediator at $60.00 per session.  One
    visit each to an attorney, (the one I talked with was $150.00 per hour)
    or $300.00 for 2, then the filing fee of $125.00 for a total $545.00
    and when that is divided by 2 it becomes $272.50 versus the $1,000.00
    retainer my attorney wanted plus $150.00 per hour for anything over
    that.
    
    If it can be done in an amicable (difficult when it comes to divorce)
    manner, it can save a lot of money.  If you feel there will be
    difficult times and lots of arguing over issues, get a GOOD attorney. 
    It can make all the difference in the world.
    
    I hope I have not confused you, but only wanted to add another opinion
    especially in light of the previous note.
    
    Best of Luck,
    
    Bernice
    

	Almost all lawyers will give you an initial interview
	for free.  See several.

	I've found that a lawyer who is great for one person will
	be terrible for another.  A difference in values and 
	styles.

	Almost all seem to fall down on the job a little.
	They're juggling too many cases and if they don't see
	you for a couple weeks they have to reread your file
	to remember you and the situtation.  Or you hire a
	guy that has been really good for someone, and he
	turns out to have a reputation as a shark, and scares
	the other party and causes trouble.  In my case, the
	shark gave what turned out to be bad advice.  My ex
	went through about 3 lawyers.  One of them lost her
	file and wanted to go through the interviews again,
	which she didn't (this was a top rated Boston legal
	firm!).  Another immediately wanted to go
	to court, made no attempt at negotiation, seemed to
	see only $$$'s.  A third seemed good but for the
	first crucial 4-way meeting (both parties & their
	lawyers) sent in a substitute assistant, mostly
	wasting our time and money (two lawyers for three
	hours at $90-130/hr). 

	We also went to two official yellow-pages negotiators.
	One immediately took one person's side, before any
	negotiating even started (this was one that DEC
	EAPs sometimes recommend).  Some strategy.
	The other just split the difference in each's position,
	and then failed to get a signed acceptance of the
	agreement before we left, and my ex changed her mind,
	so that was $300 (3 meeetings) wasted.

	I have no solutions.  Every situation is different.
	Maybe you'll luck out right away.  Good luck.

    
    Hi,
    
    Thanks for all the replies. To answer one question, I live in
    Burlington, so I'm fairly capable of traveling a little bit to find
    what I need. 
    
    I do understand the advantages of having a lawyer, that is why I've
    decided to go this way rather than filing for my own divorce. I
    do remember seeing an article in People or a similiar magazine about
    a lawyer in Oregon who had a flat fee for a divorce that was only
    $300 or $550 with children or property. I know that mass divorce
    laws probably vary from say Oregon, but there must be an alternative
    to paying big bucks. A divorce agreement is a divorce agreement
    is a divorce agreement. This is a simple divorce, uncontested, no
    kids, no possessions, etc.. Unfortunately mediation is out of the
    question seeing that my soon to be ex, now lives in New York.
    
    Thanks again for the responses... Mark.
    

    Re. lawyers fees, watch out for the inequities that can result when one
    party has an attorney that charges a flat fee "for whatever it takes to
    get you a divorce" and the other party is paying an hourly fee.
    
    My ex had the former; I had the latter.  My ex could afford to be
    unyielding in the negotiations.  I had to compromise, compromise,
    compromise because each time our lawyers met, my bill was rising.
    
    'Taint fair, but if YOU have an opportunity to get a flat fee basis,
    grab it!
    
    Karen

Alot of it depends on how amiable the divorce was.

I used Kevin Finnegan in Westford Mass.  It was $1000, but fortunately our
divorce was amiable.  Would have been much more expensive if we argued (the
ex and me that is).

/Eric

    FWIW there is a conference for non-custodial parents, I think it's
    on CSC32::  If there are any children, they may be able to offer
    some advice.
    

   >  This is a simple divorce, uncontested, no kids, no possessions, etc..

    You do not have to have a lawyer to get divorced. You can call the
    local court to find out which papers need to be filed. There is
    a fee for filing. If you and your ex to be can agree on how to split
    what possessions you do have. You can write the agreement up in plain
    English and get it notarized and file it with the papers. 
    
    My whole divorced cost no more that the filing fees, about $50.00.
    
    Gail
    

    RE .11
    
    	Thanks Gail!! NOW 'YA TELL ME!!! Almost three years and about 8
    grand later!!!vs. $50!!???  Palleeze......But, my case was one of
    requiring 'top notch' counsel representation, OR ELSE!!!  But that
    was an 'excellent' notation on the quick/cheap way for the
    objective on your part....GOOD INPUT!
    
    Geo
    

    Some more input... Most book stores carry books on how to file a
    no contest divorce... The books tell you what paperwork to file
    with the courts and who to talk to.  I found one in a stationary
    story that sold "how to" books on starting a small business... 
    Try looking in a local library.  The books are writen in a manner
    thats easy to understand so you may want to consider it... I paid
    $12.00 for the book and $45.00 for filing fees on the whole thing
    and was able to complete everything in about 2 weeks time.  Total
    cost was $57.00 and 3 months of waiting around for the courts.
    
    Skip

    RE .13... Oh yeah that was 3 years ago so the costs may be different
    now but it's still the best way to go.  Trying to get the court
    clerks to give you all the info you need can be confusing and quiet
    often they forget some piece of important information that just
    causes further delays in getting it done with.
    
    Again
    Skip

    An article in today's Nashua Sunday Telegraph reports on a video
    tape that explains the divorce process in New Hampshire.  "The
    Divorce Tape" was developed by the New Hampshire Pro Bono Referral
    System and funded by the New Hampshire Bar Foundation "... to 
    briefly explain the process of getting a divorce in New Hampshire."
    The tape is available for viewing at the Nashua Public Library.
    
    The article goes on to quote Nashua attorney Honey Charlotte
    Hastings, who donated the tape to the library.  In the process,
    she gives some details on what to expect for costs:
    
       The film reviews what to generally expect in terms of
       documents, times and terminology during the divorce proceeding,
       and advocates that unless a divorce is very simple and both
       parties agree to everything, that a lawyer be used.
       
       Hastings said the following were the most frequently asked
       questions during the sessions and her responses to them:
       
       How much will it cost?
       "I tell people that divorce lawyers in the Nashua area charge
       in the range of $90 to $120 an hour, that there is a $101
       filing fee and $20 sheriff fee.  I charge $100 an hour and ask
       for a $1,500 retainer - estimating the hours that are usually
       involved.  It can be under or over that figure, though."
       
       How long does a divorce take?
       "It takes at least four months in New Hampshire, usually takes
       six to eight months and can take as long as three years.  But
       contrary to other states such as Massachusetts, when the
       divorce is granted in New Hampshire, it's final."
       
       What are the advantages to a legal separation?
       "In New Hampshire, legal separation is not a tentative step to
       take which can later be turned into divorce.  It is a distinct
       legal procedure which takes as long as divorce and costs as
       much.  The marriage is not dissolved and spouses are not free
       to marry."