Navigating Divorce with the Right Attorney by Your Side

© Jeremy Poorte, Blissful Light Photography

If you have ever needed legal help, you know that finding the right lawyer can feel a lot like venturing into a dense forest at night. There are plenty of obstacles along the way, and the hidden risks you may encounter can feel like quicksand beneath your feet.

So, what should an ordinary person needing a simple divorce do?

​There are certainly situations where having a highly skilled attorney on retainer is necessary. Indeed, getting good legal advice in any case is critical. But the type of attorney you hire matters a great deal. Odds are pretty good you don’t need a full-scope, traditional, high-cost, adversarial divorce lawyer to get divorced. There are some cases, however, that may require litigation. Such as cases involving violence of any kind, including domestic violence, or criminal conduct by a spouse. Talk to an attorney if you are curious whether your divorce may be resolved out-of-court.

Legal services are due for momentous change. For my inaugural blog post, I thought I would cover some potentially shifting ground in the legal world with a discussion on legal services for divorce. What options do divorcing parties have in 2024 and beyond? This article will discuss the ins and outs of traditional lawyering, of the Collaborative divorce process, as well as unbundled and limited scope legal services. In order to understand Collaborative and non-court process alternatives, it's important to understand what a full-scope litigation lawyer is and what they do. 

Full Scope Litigation Lawyer – Go to Court
A Full scope attorney provides professional legal representation to clients who retain the attorney in every aspect of the client's legal matter, from start to finish. The attorney may make an official appearance on the record if a court case exists. In these circumstances, all communications about the case are made through counsel. The client cooperates with the attorney to provide information, evidence, and other details necessary for the attorney to represent the client, usually with minimal labor and effort required of the client.

Typically, full scope attorneys require hefty retainer fees, paid in full at the outset. In Utah, the average divorce costs approximately $14,000-$17,000. The average hourly rate for attorneys in Weber and Davis counties is approximately $250 to $300/hour and the average initial retainer fee is anywhere from $5,000 to $7,500, depending on facts and circumstances of the case and, of course, the firm/attorney quoting the fee.

Full scope attorneys apply their hourly rate to all "billable hours." What is "billable" varies depending on the firm and attorney. Attorneys will apply their billable rate for any labor spent on client's matter. This includes activities beyond court time. In fact, a significant part of a client's case is worked on outside of court. Activities like document preparation (such as letters, emails, and legal memoranda, motions, affidavits, etc.), telephone calls, mediation, and strategizing. In other words, it adds up quickly. Some attorneys have been known to charge their full hourly rate simply for traveling to and from court or mediation. It is a good idea to read the retainer agreement and ask questions prior to signing.

Full-scope lawyers typically use litigation (or, court) as their go-to dispute resolution process. With the exception of mandatory mediation, Litigation lawyers rarely attempt to resolve disputes outside of the courtroom. When they are forced into mandatory mediation, they often resort to their positional “courtroom” approach to negotiations, as they often lack training in interest-based negotiation.

Unfortunately, positional negotiation tactics often lead to a win-lose mindset, where parties focus on defending their positions rather than exploring mutual interests and creative solutions. This approach can result in protracted negotiations, increased conflict, and ultimately suboptimal outcomes for all parties involved.

Importantly, positional negotiation tactics tend to prioritize short-term gains over long-term relationships, hindering the possibility of having any productive interactions.

As you can see, if you have children with your soon-to-be-ex, this process can harm the health and wellness of your children. As the most child experts have discovered, it’s not the divorce that harms children, it’s the fighting and traumatic interactions done in divorce that harms them.

So, how can one preserve and strengthen parental relationships with children during divorce? Is that even possible? The answer is yes! Keep reading.

Collaborative Lawyers – Stay Out-of-Court
Collaborative divorce is a recognized, tried and true dispute resolution process in which divorcing spouses work together, along with their respective Collaborative divorce lawyers, and often other professionals, to reach mutually acceptable agreements regarding all aspects of their divorce without going to court. Similar to full-scope representation, both parties are represented by a lawyer each step of the way.

Unlike full-scope representation, with the Collaborative process both spouses and their lawyers sign a participation agreement, making a commitment to share and disclose all relevant financial assets so the matter may be resolved accurately and in good faith.

Collaborative divorce lawyers on average have more training and experience than non-Collaborative divorce lawyers. This includes trauma-informed training, basic Collaborative law training, interest-based mediation training, as well as peer mentoring and membership in professional organizations. Collaborative lawyers are truly the cream of the family law crop.

The Collaborative process is a great choice for couples seeking an amicable divorce, or a divorce without going to court. It is also an excellent choice for parents wishing to prioritize their children’s well-being, those who value privacy and confidentiality, those seeking cost-effective solutions, and couples with complex financial situations.

Okay, but what if your situation isn’t that complex? What if your situation is more basic? Maybe you have already reached an agreement in-principle with your spouse and want to use an uncontested divorce process. For this situation, you may wish to consider hiring an “unbundled” or limited scope lawyer.
 
Unbundled & Limited Scope Services
It's true that only a lawyer can give you legal advice. But what if you don't want to spend tens of thousands of dollars on the process of divorce? A limited scope attorney or unbundled lawyer offering flexible services may be your answer.

Limited scope attorneys handle some parts of your case, while you handle other parts. Limited scope legal services are often sold as "unbundled legal services." Such services are gaining traction in the United States, in part because legal fees are fast becoming prohibitively expensive. This seems true even for more simple divorce and parentage matters. The catch is, with limited scope services, more involvement, labor, and effort on the part of the client is required.

If you are handling your divorce, DIY, consider hiring an unbundled or limited scope lawyer to help you:

• Plan and prepare in advance of divorce. Get a 1-on-1 consultation with a lawyer who can analyze and evaluate your marital and separate estates before you even attempt to negotiate with your spouse.
• Review your legal agreement and other documents before you sign them;
• draft your divorce paperwork;
• Have an unbundled attorney help you negotiate and communicate the terms with your spouse;
• Help you prepare for mediation;
• represent you at mediation;
• Or handle the signing and finalizing, and file the case with the court.

With unbundled legal services, you have more involvement and more control over the proceedings. This can help contain costs and often results in a smoother, easier process.

Divorce is a Process
Like many complicated things, divorce is a lengthy process and getting the right legal help is crucial. But, if you plan well, you and your spouse can get divorced without spending tens of thousands of dollars, or getting swallowed whole in the legal lightning sand of divorce.