Division of Property in Divorce: Agreeing Before Litigation Saves Money

November 3, 2023

If you and your spouse are able to agree on the division of property, you can save a lot of time and money. Litigation can be very expensive, and it can also be very time-consuming. If you can reach an agreement with your spouse outside of court, you can avoid all of the hassle and expense of litigation. And trust me, litigation gets expensive very, very quickly. If you spend 2 hours in court arguing over the washer & dryer, you will have spent as much as the pair cost on attorney fees.


There are a number of ways to agree on the division of property. You can mediate with a neutral third party, or you can negotiate directly with your spouse. If you are able to reach an agreement, then I can draft your agreements into a settlement that will be part of your divorce.


Here are some tips for agreeing on the division of property:


  • Be honest and open with your spouse about your financial situation.
  • Be willing to compromise.
  • Be realistic about your expectations.
  • Be patient and understanding – your soon to be ex is feeling many of the same emotions you are. Be kind to yourself by not fighting.
  • For more tips and ideas, look here: Where do I start?


If you are unable to agree on the division of property, the court will decide how to divide it for you. This can be a long and expensive process, and it is important to be aware of the potential consequences of litigation before you go that route.


If you are unable to agree on the division of property with your spouse, you may need to go to court. However, there are a number of things you can do to save money on legal fees if you cannot reach an agreement.


How to Save Money on Divorce Litigation


  • Be prepared. The more prepared you are for trial, the less time and money you will spend on litigation. Gather all of your financial documents and be prepared to answer questions about your income, assets, debts, and expenses. To get a few ideas on what you’ll need to have, look here.
  • Be organized. Keep your case file organized and up-to-date. This will make it easier for your attorney to prepare for trial and will save you time and money in the long run.
  • Be reasonable. Don’t make unreasonable demands or proposals. All this does is makes the other side unwilling to work with you to reach a resolution.
  • Be willing to compromise. The court may order mediation before trial. Mediation is a process in which a neutral third party helps you and your spouse to reach an agreement on the division of property and other issues. Mediation can be a very effective way to save money on divorce litigation.
  • Hire the right attorney. Not all divorce attorneys are created equal. Some attorneys are more experienced and skilled than others. Others may have a low rate but are inefficient. Some might be more aggressive than you need, or not aggressive enough. Search for the attorney who fits your personality the best and who you can have a good relationship with.
  • Be realistic about your budget. Divorce can be expensive, but it is important to be realistic about your budget. Don’t spend more money on divorce than you can afford. This might help you realize that maybe you should agree to settle and compromise, rather than seek to spend thousands to get hundreds.
  • Consider alternative dispute resolution methods, namely mediation or a collaborative law attorney. These methods can be less expensive and less time-consuming than litigation and can result in a satisficing settlement.


If you are going through a divorce and can settle these types of issues, I am a call or click away. You will spend less on attorney fees than you thought and be treated like a person, not a legal problem.