Are you Ready for Divorce?

Take this Quiz and Find out

Divorce Lawyer FAQs: Finding the Right Lawyer

Close up of a man's hand holding a sign that says "FAQs" Divorce lawyer FAQs.

Finding the right divorce lawyer is often the most daunting step in the entire divorce process. For most people, their divorce lawyer will be the single most expensive piece of their divorce. The lawyer they choose will have a profound impact on both the way they go through their divorce, and the place they end up in once their divorce is over. But the legal world can feel like a giant "black box" filled with confusing jargon, unpredictable billable hours, and conflicting advice about whether you even need an attorney at all. The divorce lawyer faqs on this page are designed to shine a light on an otherwise murky area.

Whether you’re wondering how to vet a potential divorce lawyer, trying to understand how a retainer fee is spent, or weighing the pros and cons of going the “DIY” route, you’ll find the factual answers you need here.

Choosing a lawyer isn't just about finding the "toughest" person in the room. It’s about finding a strategic partner whose philosophy and expertise aligns with your goals, whether you want to mediate, use the Collaborative Divorce process, or know you’ll likely end up in a high-conflict court battle.

As you navigate these questions, remember that a good lawyer is a tool in your toolkit, not the person in charge of your life. These FAQs will help you move from confusion to clarity, so that you hire the divorce attorney who will truly be the best for you. By understanding the role of your legal team, and choosing that team wisely, you can ensure that your divorce is handled with the precision and strategy your future deserves.

Divorce Lawyer FAQs

(Click on the Question to see the Answer)

Do I Need a Divorce Lawyer To Get a Divorce?

No. You don’t NEED a divorce lawyer to get divorced. But if you’ve been married for more than a few months and have anything to lose that you care about (kids, money, a house, a business, spousal support) you SHOULD get legal advice.

The divorce process can be complicated. Navigating the court system is not easy. Doing your divorce yourself, while your emotions are running high, is dangerous. It’s like a surgeon operating on him/herself. It “may” work out, but it’s never a good idea.

While you definitely need legal advice, you may not need to retain a divorce lawyer to represent you throughout your entire divorce. In most states you can now hire a lawyer just for a legal consultation, or just to draft your paperwork for you. That’s called unbundled legal services and, in the right case, it can save you money. It will, however, require you to spend more time on your divorce than you would if you had a lawyer representing you.

How Much Does a Divorce Lawyer Cost?

The answer depends on where you live, how complicated your divorce is, and what skills you want your lawyer to have.

Divorce lawyers typically take a retainer payment from you up front. Then they bill by the hour against the retainer. They bill in tenths of an hour for everything they do in your case, including reading emails, answering calls, and working on your case. When your retainer is used up, the lawyers require you to replenish it.

In a major city, divorce lawyers typically charge between $350 - $950 per hour. Retainers generally range from $3,000 - $10,000 or more, depending on what’s involved in your case.

In rural areas, a divorce lawyer’s hourly rate and their retainers, are usually much lower. The lawyers typically charge $150 - $350 per hour. Their retainers can be as little as $2,500.

If you need a divorce lawyer who has special expertise in a particular area (for example, you need a lawyer who is also a CPA or tax consultant) you will pay a higher hourly rate for that lawyer.

How Do I Find the Right Divorce Lawyer For Me?

Choosing your divorce lawyer is one of the most important divorce decisions you will make. The divorce lawyer you choose will influence your divorce more than almost anything else you do.

To find the right divorce lawyer, start by choosing the divorce process you want to use. Not every lawyer is skilled in every different divorce process. Choose a lawyer who is experienced in using the divorce process you want to use.

Next, be realistic about how complicated your divorce is likely to be. The more complex your financial situation is, the more sophisticated you need your divorce lawyer to be, and the more you may need a team of lawyers instead of a solo practitioner. If you’re in a high-conflict marriage, you need a divorce lawyer who has experience litigating high-conflict divorces.

Finally, get referrals. Word of mouth is the best. Take online ratings with a grain of salt. The only people who usually complete those ratings are the ones who are disgruntled. (That’s especially true for older lawyers who may be fantastic attorneys but aren’t as internet savvy and often don’t ask for referrals.)

 

Can I Change Divorce Lawyers During My Divorce?

Yes. You can change your divorce lawyer at any time, as long as the court allows it. Typically, judges will let you change lawyers whenever you want, unless you have a trial date coming up soon, or if you’re in the middle of a trial.

When you change lawyers, you will have to pay a new lawyer to get up to speed in your case. That is often very expensive, and it gets more expensive the more times you switch lawyers.

What’s The Difference Between a Divorce Lawyer And a Divorce Mediator?

A divorce lawyer is an advocate. They give you legal advice and represent you in your court proceedings. They draft legal documents, help you negotiate a settlement, and get you through the court system. A divorce lawyer’s job is to protect your interests in your divorce.

A divorce mediator is a neutral third party. Mediators don’t represent you or your spouse. They can’t give either of you legal advice and won’t protect either of your interests vis-à-vis each other. A mediator’s role is to facilitate a settlement between you and your spouse. In some jurisdictions, the mediator may be able to draft your settlement documents for you. When they do, they are drafting them from a neutral perspective.

While divorce lawyers may also be mediators, because these roles are so different, you can not hire the same person to be your divorce lawyer and your divorce mediator.

Information is good. A plan is better.

Reading FAQs is a great start, but your situation is unique. Stop second-guessing your next move and get a clear, step-by-step roadmap for your specific divorce. Divorce coaching will help you get the clarity you need to choose the lawyer who will be best for you AND understand how to work with that lawyer effectively and efficiently.

100% Confidential

Not Ready to Talk?

I understand. Take the "Divorce Readiness" Quiz and get an objective idea of where you stand.

Page [tcb_pagination_current_page link='0'] of [tcb_pagination_total_pages link='0']

>