Should I pay for my divorce with a Credit Card?

Whether or not your divorce attorney accepts credit cards, you should consider whether it makes sense in your case to take advantage of that option.

In many cases when a client pays with a credit card it just a matter of convenience or adding to their "miles".  However, in some cases, it is because they have no other option.  Going into debt to pay for your divorce attorney's costs should be done very cautiously.  While we believe that an attorney can provide a great benefit to parties in a divorce case, that benefit must be balanced against the cost of those services.  You don't want to end up figuratively paying for your divorce because you didn't get advice, or got bad advice, but you also don't want to literally being paying for your divorce for years if you can avoid it.  Here are some basic tips to avoid going into debt for your divorce:

Try to Keep Costs Down

You can assist your attorney in many ways, for instance by providing them timely with documents and information they request.  The better and more efficiently you communicate with your attorney, the lower your overall bill will be.

Make Business Decisions


While some decisions in a divorce are not financial, such as deciding on a parenting plan, most of the decisions that must be made do relate to your assets, debts, expenses and income.  Be conscientious of the fact that every dollar you spend on your attorney is one less dollar left in your marital estate.  If you can limit the issues in your case to less than you will spend on your attorneys to fight, then you should be able to settle quickly.  We call this making a "business decision" rather than an emotional one because in business we often must make choices that are not perfect but make financial sense.

Even in cases that involve non-financial issues, there may be cheaper more efficient ways to reach a settlement, such as using a parent coordinator or mediator to settle a parenting plan rather than taking your custody fight to trial.

Make a Plan for the Future

Finally, one of the most powerful ways to get over the emotion of a divorce and reduce the cost is to think about what you want your life to look like 1, 2 or 5 years from now.  Making a plan for the future, will help you decide on the best settlement of your case, and will require you to consider how the cost of your divorce will affect that plan.

Credit Cards can be a tool to help you move on with your life, but stay mindful of how you use them and make sure that the costs you are agreeing to pay fit into your budget.

At Kelsey & Trask, P.C. we do accept credit card payments with one exception (debtors in a bankruptcy case cannot pay for our fees by using their credit card).

Are Sex Tapes and Indecent Photos Marital Property?

Unfortunately, I have had the uncomfortable experience of dealing with indecent photos and sex tapes in a few cases. Although divorcing clients will sometimes consider these photos or videos negotiating chips, these tactics can often backfire. In a recent NY Times article, a couple's argument over alleged threats to expose their sex tapes have made their divorce a public spectacle.

In a divorce case, my advice has always been simple and common sense on this issue. Photos of individuals should be returned to those individuals. Videos or photos of multiple parties should be destroyed by mutual agreement on method. Any other outcomes will leave one party exposed and potentially hurt or angry. These types of emotions lead to difficult, unsettleable, and therefore expensive and lengthy cases. In the long run, the only people who profit from difficult cases are the lawyers. So if you want to simplify your divorce case, then deal with a potentially distasteful past in a tasteful and respectful way.

If I leave the House, will I lose my Financial Interest?

In many divorce cases, the initial fight is over who will leave the house. In cases where the parties own the home, the first person to leave is often very concerned that the spouse remaining behind will have a financial advantage. While there are some potential financial advantages to the party that remains behind, in most cases they are minimal when compared to the quality of life improvement one experiences by leaving a stressful living situation.

The potential financial advantage is primarily the use of the house during the pendency of the divorce action, which may have some financial benefit depending on how the bills of the house are split during the separation. There is also the immediate expenses for moving and replacing any furniture or other necessities, but unless one party buys the other out from the house both will eventually have this cost.

There are potential problems with one party controlling the property, for instance they can make it more difficult to show to potential buyers or fail to perform necessary repairs and upkeep. If you believe these are a serious risk, you may want to agree to orders on these issues before leaving the house. A solid written agreement can prevent most of the financial problems that might arise by leaving the home before the divorce is final, or at least provide for mechanisms to compensate one party if there are issues. If you are unsure of what you should do in your situation, you should consult with an attorney to discuss the specifics of your case.