The Cost of Going to Court

Last evening as I was out walking, I noticed a copper colored dog with curly hair coming towards me. It looked like a mini-doodle of some sort. I got excited because it reminded me of a friend’s dog.

I asked the elegantly dressed woman walking this beautiful creature what type of dog it was.

Then I looked at her. Really looked at her. Something clicked in my memory.

“Madame Justice Gunn?”, I asked.

She looked surprised and answered affirmatively. “Retired now”, she said.

I introduced myself and she thought for a few seconds then placed me.

A long time ago - 20 years to be exact - I appeared in front of her. She used to be a family court judge.

We said hello and spoke of our families. Then we went our separate ways.

You may be wondering what this chance meeting has to do with the cost of going to court.

Well, she was a judge who wrote about the cost of divorce.

More than 15 years ago, she commented in one judgment she wrote that issuing a petition and bringing one application costs each party at least $10,000.

In plain language this means that 15 years ago, if you were to hire a lawyer, it would cost you at least $10,000

• to prepare and file the court papers and

• to ask the court to make a TEMPORARY order about one thing. Likely that was about where the children would live (then called custody).

Your lawyer would have to prepare other documents and return to court ON ANOTHER DAY to argue for a TEMPORARY order about another subject such as child support.

$10,000 was for the first day in court, 15 years ago. Can you imagine the cost of this today, with inflation?

Then there would be all the steps before trial, and then trial. At trial, that order that cost you $10,000 could be changed.

Divorce done that way is an expensive business.

Seeing Madame Justice Gunn yesterday, I remembered this and thought it is important information to share.

It also helps to clarify why governments have made it mandatory for people seeking divorce to participate in less costly methods such as mediation. I mean, wouldn’t you rather spend no more than half of what one temporary order for one subject would cost to obtain in court? To decide all the issues?

Doesn’t that sound smarter for your family?

Court may be familiar and the norm, but it certainly isn’t friendly for the people involved.

Not even for the lawyers or judges. If it was, likely she wouldn’t have made her comment, all those years ago. If it was, I might still be practicing. Now I advocate a better way.

To learn more about a better and more affordable way, sign up for your complimentary Fair and Family-Focused Divorce Consult.