- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Before you hire a divorce lawyer, you should know that getting a divorce is expensive, destabilizing, and usually heart-wrenching. That is why having the best possible divorce lawyer representing you is so important.
This article will help you understand the role of divorce lawyers and the divorce process, the types of work they perform, the fees they charge, and, most importantly, how to select your divorce lawyer by knowing the questions to ask them before making your selection.
What Divorce Lawyers Do
Divorce lawyers are litigators who represent the legal interests of their respective clients, whether they are seeking a legal separation or divorce. This includes negotiating issues related to custodial rights, division of property, child support, and spousal support, drafting divorce settlement agreements, and providing other related legal services.
Divorce Lawyer’s Role In Resolving the Following Divorce Issues
Divorce cases commonly require lawyers to resolve different types of disputes. Some can be resolved through a negotiated settlement, while others might require litigation.
- Custodial Rights: Determining how parents will share custodial rights over the children.
- Division of Property: Determining how to divide marital assets and debts fairly.
- Child Support: Determining the amount of child support based on the child’s needs and the non-custodial parent’s ability to pay.
- Spousal Support: Determining the need for spousal support and how much.
Divorce Lawyer’s Role in Collaborative Divorce Resolution
Collaborative divorce represents a unique approach to resolving marital disputes in a non-confrontational manner.
This process requires both parties to work with their respective lawyers to negotiate the terms of their divorce without resorting to litigation.
Divorce lawyers play a critical role in facilitating these negotiations, ensuring that communication remains respectful and productive.
Divorce lawyers provide legal advice to their clients, help identify and prioritize their interests, and sometimes work with other professionals, such as financial and estate planning advisors and mental health counselors, to address the emotional and psychological needs of both spouses and their children.
Divorce lawyers will ensure that all agreements are legally binding and reflect the parties’ intent.
Divorce Lawyer’s Role in Mediation
Divorce lawyers also participate in divorce mediation. Both collaborative divorce and mediation are valuable forms of resolution.
In divorce mediation, spouses work with a mediator to resolve their issues and, if possible, reach an agreement. The mediator helps the spouses communicate effectively, identify problems, and explore possible solutions.
On the other hand, collaborative divorce involves a team of professionals, including two collaborative lawyers, a mediator, and other experts who work together to help the couple reach a mutually beneficial agreement.
Divorce Lawyers Prepare All Legal Documents
Types of Documents Lawyers Prepare
Divorce and family lawyers are responsible for preparing various documents essential to the divorce process. Here a few examples:
- Petition for Divorce: This is the initial divorce filing outlining the grounds for divorce and the legal relief sought.
- Financial Affidavits: A detailed statement providing a comprehensive overview of the financial situation of both parties, including income, expenses, assets, and liabilities.
- Marital Settlement Agreement: An agreement that outlines divorce terms, including marital property division, child custody, child support, and spousal support. (Serious consequences for hiding property)
- Parenting Plan: This document outlines whether it will be joint custody or separate custody arrangements, visitation schedules, and decision-making for children.
- Protective Orders: In cases of domestic violence or threats, a divorce lawyer can prepare protective orders to ensure their client’s safety.
Divorce Lawyer’s Role at Trial
Your lawyer will advise you of the risks of going to trial rather than resolving the matter by settlement. Should you wish to proceed to trial, it will likely be heard by a judge rather than a jury. Your lawyer will prepare and mark all the evidence for submission to the court.
Your lawyer will call witnesses to testify and will cross-examine the opposing side’s witnesses. At the end of the trial, and once everyone has fully presented their case, the judge will make a final ruling on the matter.
What Divorce Lawyers Charge for Their Legal Services
Small Firms
Most divorce lawyers charge clients hourly and require a retainer from which they may draw their fees and costs. Based on recent surveys, you can expect to pay the average hourly rates for qualified and experienced divorce lawyers in the range of $200 – $500/hr. These rates will depend on your location. Firms in major cities are usually more expensive than those in rural areas.
The estimated cost to litigate a highly contested divorce through trial can range between $20,000 and $40,000 per spouse, sometimes much more.
Moderate Size Firms
If you retain a moderately large firm, its hourly rates will be divided between partner and associate time. You can expect hourly rates ranging from $350.00/hr to $750/hr, depending on whether it’s an associate or partner performing the work.
Predicting the total cost of a divorce with such firms is problematic.
Large Elite Firms
The leading and most elite firms in the nation, usually employing 500 or more lawyers, charge even higher rates, ranging from $500/hr to $2,000/hr or more.
These firms cater to high-worth clients with literally millions to lose, depending on the outcome of their divorce. These clients usually find their lawyers at their favorite country club rather than scrolling through an online legal directory.
Importance of Interviewing Potential Divorce Lawyers
Now that you know what divorce lawyers do, how much litigating a divorce will cost, and the immense complexity of the process, you can appreciate how important it is to first find the right lawyer for your case and specific needs. You should interview at least three divorce attorneys.
Before deciding on a divorce lawyer, conducting a thorough interview is essential to ensure they align with your needs and personal values.
To help you with the attorney selection process, we have assembled ten of the most important questions you should ask the attorney.
Ten Must Interview Questions To Ask
Have you handled cases similar to mine, and what were the outcomes? This gives insight into relevant experience and success rates.
How do you handle disagreements that may arise during the divorce process? Knowing how your lawyer deals with conflict can provide insight into their problem-solving skills.
What are the possible outcomes of my divorce case? A good lawyer will not promise specific results but can outline potential scenarios based on their experience.
How will my case be affected if my spouse and I cannot agree on critical issues? This question will help you understand the lawyer’s approach to contested matters and the potential for litigation.
What is your experience with the family court judges in my jurisdiction? Knowing the lawyer’s familiarity with the local judiciary can be advantageous in planning case strategy.
Can you help me understand the tax implications of my divorce settlement? This is crucial for financial planning post-divorce.
How do you plan to involve me in the decision-making process throughout my case? It’s essential to know how collaborative the process will be and to ensure your preferences are considered.
Can you provide references from past clients who had cases similar to mine? References can give you insight into the lawyer’s performance and client satisfaction.
What is the most challenging aspect of my case from your perspective, and how do you plan to address it? This gives you an idea of potential hurdles and the lawyer’s strategy for overcoming them.
How does your firm handle the division of assets and debts, and what information will you need from me to proceed? Understanding the firm’s approach to asset and debt division will help you prepare the necessary documentation and information.
Key Takeaways
- Roles and Responsibilities: The divorce lawyer will manage all legal aspects of marital dissolution, from filing divorce papers to negotiating terms of asset division and custodial arrangements.
- Choosing a Lawyer: In the initial consultation, inquire about their experience, approach to divorce cases, and communication style to ensure they align with your needs.
- Alternative Dispute Resolutions: Consider mediation or collaborative divorce as less adversarial, often cheaper alternatives to traditional divorce litigation.
- Costs Involved: Understanding the potential costs, from lawyer’s fees to court costs, is essential for planning your financials during a divorce.
- Legal Documents: Familiarize yourself with the types of legal documents involved, such as financial affidavits and marital settlement agreements, to better understand the divorce process.
- Expert Involvement: Depending on the complexity, your case might need additional experts like child custody evaluators or financial analysts, affecting overall costs and strategies.
Be Prepared: Potential Services to Consider
(The above image depicts a woman moving boxes out of her house after a divorce, capturing the moment of transition and the potential need for relocation services)
When navigating the divorce process, be proactive about what you need now and what you might need once the divorce concludes. The following are valuable services you might need later, even if you have yet to consider them.
- Financial Advisors: Divorce can significantly impact your financial landscape. Engaging a financial advisor can help with asset division, restructuring investments, and planning for your financial future post-divorce.
- Tax Consultants: The implications of divorce on taxes can be complex, involving issues like alimony, child support, and asset division. A tax consultant can provide guidance to ensure you comply with tax laws while optimizing your financial outcomes.
- Relocation Services: If you need to move out or find a new residence post-divorce, relocation services can assist with finding new housing, moving logistics, and setting up your new home.
- Storage Units: As you transition to new living arrangements, you might need temporary storage for your belongings. Renting a storage unit can provide a secure space for your items during this transitional period.
- Therapeutic Support: The emotional toll of divorce is substantial. Therapists or counselors specializing in divorce can help you navigate these challenges, offering support and strategies to manage stress and emotions.
- Support Groups: Joining support groups can help you heal from divorce, where you can connect with others going through similar situations and can provide emotional comfort and practical advice, helping you feel less alone and isolated, and more empowered during your divorce process.
Watch Florida Attorney Marks Explain The Collaborative Divorce Law Process:
