Why Divorce Lawyers May Not Be the Best Solution: Exploring Better Alternatives
28 November 2024
Divorce is one of life's most challenging experiences, touching every important aspect of your life - your family, your finances and your well-being. It can be quite overwhelming, and most people will reach out to professional help. You may think of turning to a divorce lawyer as your first step. After all, that’s what everyone does, right? It’s the conventional route, but it often leads to unnecessary costs, long delays, and emotional stress.
Karen Stewart is the founder of Fairway Divorce Solutions. Her personal story is one that many can relate to: “When I was going through my own divorce, I thought hiring a lawyer was the smart move. Five years and over $500,000 in legal fees later, I realized I had given up control over my future and damaged the co-parenting relationship with my ex. The only real winners were the lawyers.”
Such stories underline the need for a better way, a fair way to divorce. Divorce mediation offers a streamlined, less contentious, and cost-effective path to resolution. At Fairway Divorce Solutions we have taken divorce mediation to a different level. With our Independently Negotiated Resolution, we have helped thousands of families navigate divorce without the pitfalls of traditional legal battles.
Let’s look at some of the issues of hiring a divorce lawyer.
The costs of hiring divorce lawyers
Why does it take years to finalize some divorces? Because time is money—and lawyers are very aware of that. Lawyers are simply not incentivized to settle cases quickly because their income depends on billable hours.
Hiring a lawyer typically begins with a retainer fee of several thousand dollars. What many don’t realize is that this is just the beginning. There is a financial interest for divorce lawyers to "drag things on" and unnecessary delays and disputes. Every back-and-forth letter, every affidavit, every dispute over a dining set adds to the clock. Legal fees will quickly escalate in the bargaining, and the result is skyrocketing cost of your divorce!
However, there are other, hidden costs of hiring a divorce lawyer:
Divorce lawyers may drag out the divorce process
Gathering financial documents and determining asset values can take time, but this task does not necessarily require legal intervention. When lawyers are involved, this process often becomes more contentious and takes much longer than necessary. Also, when working with a divorce lawyer you’ll often end up taking rigid positions on some issues and have your lawyers battle them out over letters and affidavits.
Lawyers can become communication bottlenecks in a divorce
When lawyers become the intermediaries, then all communication is filtered through them. It slows down the exchange of information and simple decisions can take weeks or months.
By their very nature, lawyers will want to argue and negotiate every point, rather than focusing on straightforward, pragmatic decisions.
Couples often find themselves stuck in a legal back-and-forth over issues that could have been resolved much more easily through mediation.
The emotional strain of the divorce legal process
Traditional legal proceedings are by definition adversarial, and that often results in emotional disputes. Divorce lawyers often create affidavits that escalate emotions and delay the process even further.
When lawyers get involved, things escalate quickly. Instead of solving problems, it becomes about “winning.” Spoiler alert: in a divorce, nobody wins but the lawyer. The real cost? Broken co-parenting relationships and depleted assets.
Mediation, on the other hand, is all about efficiency. At Fairway Divorce Solutions, we pride ourselves on wrapping things up in a Separation Agreement within 120 days of financial disclosure.
Why divorce mediation with Fairway is the smarter choice
Divorce mediation offers a practical, collaborative, and cost-effective alternative to traditional legal proceedings. If you’re looking for a process that doesn’t drain your bank account or your sanity, divorce mediation is the answer. Here’s why:
Cost certainty
Where traditional divorce lawyers (and some divorce mediators) bill by the hour, Fairway Divorce Solutions we take the opposite approach: we use a fixed fee model. You know exactly what your divorce is going to cost and you can plan your finances without worrying about unexpected surprises. When the negotiators and mediators along with the parties are motivated to get things done (sitting on the same side of the table), costs stay low because there’s no incentive to prolong the process.
Faster resolutions
In mediation, every step has a purpose. From gathering financial disclosures to drafting agreements, the process is transparent and methodical - there are no surprises. Most cases are completed in under six months, compared to the years often required in traditional litigation.
Reduced stress and emotional strain
One of the key benefits of working with Fairway is the emphasis on cooperation. Divorce is already hard enough, so the goal of mediation is to make it as painless as possible. Mediation fosters communication instead of courtroom battles. By the end, you’ll still have your dignity—and likely even a working co-parenting relationship.
Child-centric solutions
Your kids didn’t ask for this. However, in contentious divorces they often bear the brunt. Mediation ensures their needs come first. At Fairway, the Nurtured Children Plan™ ensures kids remain protected from parental disputes and that co-parenting plans focus on their best interests. One client shared, “Fairway made us see that our kids needed us to work together, even when we were splitting up. They helped us focus on what mattered most—our children. That made all the difference.”
Practical steps for a lawyer-free divorce
Here’s how to navigate divorce successfully without involving divorce lawyers:
Understand your priorities and get your documents in a row
Start by listing your priorities. What are the most important objectives for you? This clarity will guide every decision. Then gather all your financial information. The more prepared you are, the smoother the process.
Find the right mediator/negotiator
Select a mediator with expertise in finances and parenting. Fairway Divorce Resolution Mediators specialize in tackling complex cases, including those with business assets and high net worth. In the Fairway Method, we use a unique mediation approach called Independently Negotiated Resolution™, described below.
Focus on a fair outcome
Mediation works when both parties commit to open dialogue and work with the experts to get the best results. However, mediation can fail when there is a power imbalance in the couple. We remove that power imbalance to ensure a fair outcome.
Review the final agreement
Once an agreement is reached, consult a lawyer to review the terms. This ensures the document is legally sound without requiring lawyers throughout the process.
Independently Negotiated Resolution™
Traditional mediation often puts the parties in a room and facilitates a compromise. If there is any power imbalance in the couple, then the outcomes can be less than fair. While divorce does require some compromise, it should never be at the cost of a fair or equitable outcome.
Our Independently Negotiated Resolution™ (INR) method is the answer to this problem. It is a unique divorce mediation process only available through our offices, that has worked for thousands of couples. We remove the adversarial side of the process by working separately with each individual and focusing on the future. Each partner is independently taken through a step-by-step process that will resolve all financial and parenting issues.
INR gives a mediated divorce resolution—with high importance on assets and children—to couples wanting to end their marriage quickly and fairly.
Real stories: The lawyer-free path to divorce
A common concern is whether mediation can handle complex divorces.
Consider the story of a couple who came to Fairway with a tangled web of assets, including a family business and multiple properties: “We thought we’d need a team of lawyers just to figure out what we owned,” they admitted. But with mediation, they not only divided assets fairly but also saved enough to help their kids with college tuition.
Another couple highlighted the emotional benefits. “We were worried about how our kids would cope, but Fairway kept the focus on them. By the end, we had a co-parenting plan that worked for everyone.”
Another client summed it up perfectly: “I thought divorce meant war. Fairway showed us it could mean peace.”
The Fairway difference: Why mediation works
Divorce is tough, but it doesn’t have to destroy you. At Fairway Divorce Solutions, we’ve guided thousands of couples through the process with a 95% success rate. Here’s how we do it:
- Fixed Fees: No surprises. Just a fair, transparent cost.
- Fast Resolutions: Most cases are completed within 120 days after financial disclosure.
- Reduced stress through independently negotiated resolutions.
- Focus on Kids: We prioritize their well-being with thoughtful co-parenting plans.
- Expertise You Can Trust: From business valuations to custody agreements, we’ve got you covered.
Our process is built on empathy and expertise, ensuring families can move forward with confidence.
Divorce smarter, not harder
Divorce doesn’t have to mean conflict, exorbitant costs, or years of uncertainty. Mediation offers a better way—one that prioritizes fairness, efficiency, and emotional well-being. At Fairway Divorce Solutions, we empower families to resolve disputes amicably, protect their assets, and build a solid foundation for their futures. It’s time to break free from the old ways of doing divorce and embrace a smarter, kinder alternative.
So, before you pick up the phone to call a lawyer, ask yourself: Is there a smarter way to do this? At Fairway Divorce Solutions, the answer is yes.