The High Cost of Traditional Divorce

The traditional divorce process involves high-conflict contentious litigation before a judge that is highly stressful and often emotionally destructive on all involved.  Often the parties will be subjected to multiple court hearings  including temporary hearings, discovery hearings, and final trials.  The end result can leave two bitter and angry individuals who have difficulty co-parenting in the future. When spouses choose to fight instead of work collaboratively to reach an agreement no body really wins in the end and, when children are involved, they often suffer the most.

This type of divorce is extremely expensive and only serves to drain the marital estate which would otherwise be divided among the parties or used to support their children.  In 2015 & 2019, Martindale-Nolo Research conducted a survey to determine the average cost of a Texas divorce.  According to the survey, the average cost of a Texas divorce ranges anywhere from $11,000 to $13,000.  This average only begins to scratch the surface of the costs associated with divorce and when parties cannot agree, they will typically end up paying significantly more than $13,000. Even when parties end up having only one hearing such as a temporary orders hearing and go to mediation to reach a final settlement, the costs can jump up within the $30,000 to $50,000 range. Thus, it behooves both parties to work together to reach agreement when possible. KMP Law strives to help clients resolve their divorce in a more cost effective and less destructive manner.

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Mediated Divorces

Divorce mediation is an alternative approach to traditional divorce litigation before a judge.  It is a dispute resolution method that is commonly used and sometimes even required by courts before parties are allowed to proceed with a final trial.  Mediation is used to facilitate out of court settlements when the parties are not able to reach an agreement on their own.  A mediated divorce is more expensive than the uncontested agreed divorce process but it is typically less expensive than traditional divorce. 

When mediation is utilized, a neutral trained mediator (note: the mediator does not represent either party and is not allowed to give legal advice to either party) is hired to help facilitate the settlement.  Typically, one or both parties will have their own attorney who will be present representing their client’s interest during the mediation.  Mediation is typically considered a beneficial option because it allows the parties to make the final decisions instead of leaving the decisions up to the court system. It is also preferred over bitter court battles and can be both cost effective and expeditious.  

When spouses are not able to agree on their own, this is a preferred method of settling disputes as opposed to litigating issues before a judge or jury for them to make the final decision. The Supreme Court of Texas in, In re Stephanie Lee, has also established that mediation is preferred over litigation when it comes to family law matters especially when child custody issues are involved.

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WeAgree Divorce Options

Our WeAgree Divorce program is designed for those individuals who seek a more amicable and cost-effective means to divorce. It was also put in place as a means to make quality legal services more accessible to all individuals and not just the wealthy.

KMP Law believes individuals can choose to end their marriages with dignity, grace and respect, but both spouses must make this choice.  When spouses agree to work together they will save money on legal fees, avoid the stress and destruction that inevitably results from the adversarial process of contested divorces, and allows each individual a more peaceful means to transition into their new future. It doesn’t mean the divorce process will necessarily be easy emotionally or without some conflict, but it does mean that you and your spouse are committing to working together to reach a resolution that works for both you and your family.

To qualify for our WeAgree Divorces program, both parties must agree to an uncontested divorce.  You each must be committed to reaching an agreement on the division of assets and child custody issues without the necessity of court hearings, mediation, or other alternative dispute resolution options and both spouses must be able to trust each other to be transparent about their finances, the valuation of assets, and on issues involving any children of the marriage.

Depending on your situation, you can choose between our pro se divorce options or our attorney-represented divorce options.

All of these options require a high degree of trust and authenticity.  If you feel that you cannot trust your spouse or that the two of you will not be able to work together for the best interest of your family moving forward, then a more traditional approach to divorce is necessary.

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