Family Law Litigation
By Peter Wall of Childs Law Group in Fresno, California.

Finding Your Way in a Bad Economy

Tuesday, February 17, 2009 by Peter

Things are tough everywhere. This story out of London, from the Associated Press, shows that family lawyers on the other side of the Atlantic are seeing the same kinds of things we're seeing in California:

London's top divorce firms are reporting a surge in business from former financial high-flyers. Desperate for a break from support payments—and with no bonus in sight—they want to re-negotiate terms with their former spouses to reflect changed circumstances.
"These husbands are simply saying, 'I cannot afford to pay this level of maintenance,'" said David Allison, a divorce specialist at London's Family Law in Partnership. "And we're seeing increasing numbers of those."

Fortunately, the financial obligations imposed by family law are often flexible enough to allow for modifications when circumstances change. Negotiating or getting a court to order a downward modification still costs time and money, but in many cases those resources are well-spent. The reduced support obligation can pay off in the long run, if the numbers add up right—and if neither party tries to drag things out with unnecessary litigation. But remember that every situation is different, so things may not work out the same way for you.

Deciding whether to hire an attorney is major financial decision for most people. Hiring an attorney for a family law case can easily cost as much as buying a new car. A few matters can be resolved for less than $5,000, but many run to the neighborhood of $10,000, and a few go much higher. So with the economy doing so poorly and almost everybody strapped for cash, it's more important than ever to take careful stock of your situation before rushing into anything.

Evaluate a relationship with an attorney the same way you would choose an investment. Ask yourself what the up-front costs will be and whether the results you hope to obtain would pay for those costs. And when you're thinking about costs and benefits, be prepared to change your expectations to fit the means available to you. Just like some people can't afford to buy luxury homes, some people can't afford high-powered litigation.

If you have a situation that you need help resolving, and you decide to schedule a consultation, then you should discuss your situation and those costs and benefits with the attorney. Like I said, every situation is different, so don't just assume that you can or can't afford to accomplish your goals. Attorneys are not just people who fight for you—they're also advisers, who can help you get a clearer sense of your position so you can make more informed decisions.

A bad economy shouldn't leave you feeling trapped. The world is not ending. In fact, there might be a silver lining: you can work within the limitations of the economy and push yourself to be better at managing your situation.

Finally, as always, nothing I write here is intended to be legal advice, and you should not take it as legal advice. If you would like a consultation with me, please visit the website for my firm. From there you can contact my office and set an appointment.