15 Jun How can I save lawyer fees in a friendly divorce?

Q. I have decided to leave my husband and he said he doesn’t want to fight over assets. Is there a way we can do this so it won’t cost a fortune in lawyer fees?
— Married for now

A. We’re sorry to hear your marriage isn’t working out.

There are ways to accomplish this to avoid costly professional fees.

But you still need to consider the finances, said Jody D’Agostini, a certified financial planner with The Falcon Financial Group in Morristown.

“As a financial planner, I would caution that you need to consider what the financial fallout will be for you upon the divorce,” she said. “It might be good to engage someone to visualize the consequences of your decisions and to consider alternatives.”

If you are both amicable, there is full transparency of all financials and you agree on most of the issues, then you could divorce for a small outlay of money on court filing fees, D’Agostini said.

She noted the major decisions are the division of property or who gets what and in what percentage.

“The starting point is for marital property to be divided equally, but there are considerations that should be made,” she said. “If there is a premarital portion of any assets, then that amount plus the growth would be shifted to the one person.”

Perhaps one asset such as the marital home is kept by one person, then the other party would need to be compensated or made whole with another asset, she said.

Taxes should be factored in when making these choices, as well as what the assets will do for you now or in the future, she said.

Next, there is the alimony component.

“If one person earns more, then there might be alimony payable to the other spouse,” she said “Alimony is currently tax-free, but the acceptable range and duration needs to be worked out.”

Lastly, if you have children who are not yet emancipated, there may be child support to one party, which is also not taxable, she said.

You can get the documents from the New Jersey courts, fill them out and then file the paperwork with your local court. You might be required to attend a hearing, she said.

“If you do not agree on all issues, then you can engage a mediator who serves as a neutral party in the process,” she said. “They would have knowledge of the process and what is considered acceptable practice and could guide you through the divorce.”

“If you want clarity on issues, this might be an option for you. In this situation, both parties share the cost,” she said.

Email your questions to Ask@NJMoneyHelp.com.

This story was originally published in June 2025.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.