Divorce Lawyers Near You

Do I Need a Divorce Lawyer?

The answer to this question is highly context dependent and will vary from couple to couple. If there are no children, little to no property was accumulated, and the income levels are similar, it is possible to get through the divorce process without much outside help. However, you should hire an attorney without question if your divorce is heading for rocky waters.

The Benefits of a Mediator

Divorce works best when the spouses can communicate and come to an agreement on all of the issues. A mediator can help keep things on track and ensure that both parties leave with what they came for. In addition to avoiding the involvement of lawyers and the court system, another advantage is that the parties themselves will be able to decide what happens.

When You Should Hire a Lawyer

Whether or not both parties are on the same page is crucial, even when resolving contentious matters like child custody. If both parties agree to the terms, the divorce process can move forward smoothly and quickly, and legal representation may not even be necessary.

However, a divorce attorney is a necessity under certain conditions. If domestic violence was a factor in the marriage, or there are significant assets to divide, a joint business, minor children, or one of the spouses has serious health problems, legal counsel is likely to be necessary.

When You Might Not Need a Lawyer

The uncontested divorce route may be easier if no children are involved, there are few assets to divide, little or no property was accumulated, and the parties’ incomes are roughly equal. But if the marriage is longer than a few years, chances are that there are more issues to work through and an attorney will be necessary.

For most couples, things will go more smoothly in marriage if it lasts a shorter amount of time. The reason for this is that not enough time has passed for there to be a significant backlog of issues to address.

However, marriages that are as easy to resolve as they could be are extremely uncommon. Lawyers are useful in at least a couple of situations where things get a little hairy. Additionally, there are divorce services that can be of assistance, or one can hire a lawyer solely to handle the legalities of the divorce.

In general, a divorce attorney is not necessary when the couple’s relationship is amicable, they can come to an agreement on the terms, and there are few major issues. The more troubled a marriage is it will be to survive alone.

How Much Does A Divorce Lawyer Cost?

Going through a divorce is never easy, and it’s especially difficult when you and your spouse can’t agree on the terms. In that case, it’s best to hire a divorce attorney to help you work out the details, such as child support, property division, alimony, and more. Even if the divorce is uncontested, it’s still wise to speak with a lawyer. This will cost less than a mediated or litigated divorce, but it still won’t be cheap.

Divorce lawyers usually charge by the hour, and the lowest rate you can expect is $75. Most people, however, pay anywhere from $100 to $500 per hour. The price varies depending on the lawyer’s reputation, years of experience, and the complexity of the case. If the lawyer can assign some of the work to paralegals or associates, the fee may be reduced.

It’s also common for divorce attorneys to ask for a retainer. This is an advance payment for the lawyer’s services, and it can range from a few hundred to several thousand dollars. The retainer is deducted from the lawyer’s hourly rate as the case progresses.

Additional Divorce Costs

In addition to the retainer and the lawyer’s hourly rate, you may have to pay for:

The initial court filing fee
Subpoenas
Process serving
Discovery
Temporary orders
Witness preparation
Daily court fees
Parking fees
Postal fees
Fax fees
Phone fees
The cost of the divorce lawyer may go up if the proceedings take longer than expected. And if the divorce involves child custody and property distribution, you can expect to pay even more.

Bottom line? Hiring a divorce lawyer isn’t something you can take lightly. Make sure you understand all of the costs involved before signing a retainer agreement.

How do I Choose a Divorce Lawyer?

No two lawyers are created equal; so finding the right divorce attorney to handle your case requires some thought. You want to make sure they specialize in family law and have a good track record of similar cases—but, that’s only part of the equation.

When you sit down to interview potential lawyers, look for someone who will give your case their undivided attention. When selecting a divorce lawyer, it’s important to take into account the lawyer’s competence in family law, the number of similar family law cases they have handled, their level of attention to each client, and their cost structure. Ask about their caseload, response time to messages, and other client communication practices.

What to Consider Before Signing a Contract

It’s important to discuss the cost structure before signing a contract. How much does the lawyer charge per hour? How will they bill you? Are there any other fees? Make sure you fully understand the terms and conditions before committing.

It’s also important to assess how well you get along with the lawyer. If you don’t feel comfortable around them, it’s best to look for someone else

Family Law vs. Divorce Law: What’s the Difference?

The phrases divorce law and family law are often used interchangeably, but there are some key differences. While divorce law is shorthand for the many complex problems that must be resolved during a divorce such as prenuptial agreements, property partition, spousal maintenance, and child custody, family law also includes topics like adoption that fall outside of the purview of divorce law.

Resolving Divorce or Family Law Disputes

There are three possible outcomes for divorce and family law disputes: mutual agreement, litigation, or mediation. Divorce can be simply “uncontested,” in which the couple involved settles their differences amicably without resorting to a courtroom battle; “contentious,” in which one or both parties take the other to court, or thirdly “mediated,” in which the couple uses a third party mediator to help them reach an agreement outside of court.

The Role of a Divorce Lawyer

No matter what route a couple opts for, a lawyer who specializes in family law may be able to help. Divorce attorneys are typically hired to handle the most difficult aspects of a divorce such as child custody and property division that spouses cannot resolve on their own.

For instance, determining child custody can be a complicated process. The primary issue at hand is usually which parent will have primary residential custody of the children, and whether or not the other parent would have any visitation rights at all. It may be necessary to seek the help of a lawyer specializing in divorce law to a resolve child custody dispute.

Division of assets can also be a difficult task, especially if both spouses are business owners or investors. Even with mediation, it can be very challenging for divorcing couples to settle on a fair distribution of their assets. An experienced lawyer specializing in divorce law can be very helpful in these situations.

Divorce: The Initial Steps

The process of filing for divorce varies from state to state and is quite complicated. The specifics of your divorce case will determine the necessary steps you and your spouse must take in order to finalize the divorce. Factors to consider include the presence or absence of children, a prenuptial agreement, and the participation of attorneys.

Draft a Petition for Dissolution of Marriage
The initial step you need to take to begin the divorce process is to file a petition with the court. In order for this petition to be valid, it must meet the relevant statutory requirements and include details of the marriage breakdown, such as allegations, property, and children.

You can get divorce paperwork from a lawyer, the local courthouse website, or even online (courthouse website). For an uncontested divorce, all you need is your spouse’s agreement. In any other case, you’ll need to file a petition with the court, who will then notify the other party on your behalf. This duty may be handled by the local Sheriff’s office in some areas, while a private process server may need to be hired in others. Depending on the state where you are filing, it may even be possible to send in the petition by mail.

Responding to the Petition
The spouse who is served with the petition has some options in how to respond. They can accept the petition as is, contest the information it contains, or even cross-petition, or present their own requests.

In some states, the divorce proceedings may not be finalized immediately so it is important to research your local laws to find out how long the grace period is and what additional steps you need to take.

The divorce process may be daunting, but with the right help it doesn’t have to be. An attorney can guide you through the process and make sure all the paperwork is filed correctly. Use our divorce lawyer search engine above to find the best lawyers near you.

The “10-Step” Process of Divorce

Divorce Steps 1-10

If you’re considering divorce or recently separated, you’re likely looking for the most straightforward and cost-effective way to dissolve your marriage. This section provides a high-level, 10-step overview of the divorce application process. Keep scrolling down for specifics on the laws in your state.

Step 1: Determine Whether You Want a “Fault” or “No Fault” Divorce

Presently, all states allow for divorce on the basis of either “no fault” or “fault,” with both systems coexisting. Common reasons for a “fault” based divorce include adultery, abuse, and abandonment. A “no fault” divorce is most common and is the most cost-effective. A divorce attorney can help you understand the process and the laws in your state if you are filing a “fault” based divorce, which is more likely to be complex. There is also a third option available in some states which is living separate and apart for a length of time, depending on the location (two months in Kentucky to two years in Hawaii!).

Step 2: Consider Whether You and Your Spouse Can Settle All Divorce Issues With a Mutual Agreement

Assuming the grounds are “no fault” (basically your marriage has deteriorated–it was no one’s fault in particular), if you and your spouse can agree on all terms of the divorce, this will be a “uncontested divorce” and one which you may even be able to file yourself or through an online service. Again, if you’re looking for a cheap divorce, an uncontested divorce is the way to go — any form of “contested divorce” will be more expensive. You should try to resolve any issues by talking it over with each other, a mediator, or a divorce lawyer. The cheapest option is to work things out between you two; however, you can save a lot of money by using a mediator or counsellor to help you reach an agreement without involving a divorce lawyer (though a divorce lawyer can still be very useful and inexpensive even when you do agree). A cheap divorce is not likely if you and your spouse can’t agree on the terms. You can expect a contested divorce, court appearances, and legal representation from both sides.

Step 3: Ponder Your Settlement Agreement

A “Settlement Agreement” should be used to formalise the terms upon which you and your spouse have agreed. Property, assets, debts, maintenance (also known as alimony or spousal support), child custody and support, pets, legal fees, and inheritance are just a few examples. Both partners must appear before a notary public to sign this important document (witness). Though it’s not required to have this done before a divorce petition is filed, it’s a good idea to discuss it with your spouse as soon as possible if you can reach an agreement. You should consult a divorce attorney before signing the final document.

Step 4: Start Compiling All of Your “Life” Records Immediately

All legal documentation, including deeds, bank statements, pension documents, marriage licences, and birth certificates for any and all children, should be included. Again, these are not necessary before filing, but getting a head start will help. You can find a more detailed checklist here, and information is also available from your local clerk.

Step 5: Learn More About Your State’s Divorce Statutes

Divorce procedures, necessary paperwork, and expected completion times vary by jurisdiction. If you and your spouse are living in different states due to your separation, it is in your best interest to familiarise yourself with the relevant divorce laws in both states before consulting a divorce attorney. If you can choose between two states for filing, you might find that “State A” is better suited to your needs.

Step 6: Make a Choice Regarding Where and How to File for Divorce

After settling on a state to file for divorce in, the next step is to determine the specific location and procedure for doing so. It’s simpler in some states than others. If you have any questions about whether or not you meet the criteria, which court you should file in, or what forms you need to fill out, you should contact your county clerk. Then, you can decide whether you want to handle the divorce on your own as a “do-it-yourself” project, or if you’d rather pay a small fee to one of the many online divorce services. If you and your spouse can come to an agreement and your divorce is uncontested, hiring a local divorce lawyer may be surprisingly affordable (and they often offer a free consultation).

Step 7: Finalize the Divorce Paperwork

Make two copies, one for you and one for your spouse, and have it notarized before signing (you will file the original with the clerk).

Step 8: Submit Divorce Paperwork and the Required Payment

The clerk needs to have a copy of the original paperwork. Speaking with the clerk or receiving this information from your online divorce assistant or attorney should have informed you of the fee (the fee varies not only from state to state, but also from county to county!). The clerk will give you instructions on how to serve your spouse with the necessary paperwork.

Step 9: Finish the Settlement Paperwork and the Agreement

You may have additional paperwork to fill out depending on the specifics of your case. However, at a bare minimum, you’ll need to have your settlement agreement signed and witnessed by all involved parties. You will then be given a hearing date. Depending on the specifics of your case and the laws of the jurisdiction in which you find yourself, you may or may not have to show up in court.

Step 10: Obtain a Divorce Certificate and a Certified Copy of the Divorce Order

Get certified copies of the “divorce decree” from the county clerk’s office after the judge grants the divorce or dissolution of marriage. In a divorce, the “decree” is the judge’s or court’s final order dissolving the marriage (divorce). You and your ex-spouse are legally obligated to abide by the terms of the divorce decree, which is a lengthy document that includes all the details the judge has approved (including those in your divorce settlement). Please review this document carefully to ensure it meets your needs; if not, please contact your attorney without delay. Divorce decrees and divorce certificates are two entirely different documents. Certified copies are available for a small fee and are well worth it in case you ever need to prove your identity with documents like a driver’s licence, passport, etc.

That is a high-level summary of the process of filing for an uncontested divorce. While both no-fault and fault divorces follow a similar process, the disagreements that must be resolved between the spouses, through mediators, attorneys, and/or a court case make them much more complex.

Uncontested Divorce: 

Uncontested divorce is the most common approach and has numerous benefits. While a lawyer is not required in order to get an uncontested divorce, it can be beneficial if both sides are not seeing eye-to-eye on the issues.

Sometimes, a divorce can be rather basic straightforward. For instance, let’s say a couple has been married only for a short period of time and has no children. They reside in a rented apartment and have little to no assets in their name. For this couple, a divorce lawyer is probably unnecessary. No real complex issues have to be solved, and the paperwork can be filed on their own.

A lawyer is no longer needed these days to draw up paperwork. Plenty of services are online that can provide paperwork for a fee. Two spouses can fill out the questionnaire and receive the paperwork in a very short period of time. Once it’s filled out, the couple then submits it to the court in their area. A judge will then review the paperwork and approve the divorce. The time frame varies depending on the area, but usually only takes a few months at the most.

Uncontested Divorce Lawyer: What to Expect

What about the couple who wants to avoid a contested divorce at all costs, but isn’t able to agree on the complicated issues? Perhaps they have been together for a long time, have children, property, retirement plans, stocks, businesses, and so on. For a couple to do all of this on their own certainly isn’t impossible, but very challenging nonetheless. Children by themselves can turn a rather basic divorce into a complicated one.

In such a scenario, an uncontested divorce lawyer can help resolve these issues while taking care of the paperwork also. Lawyers are far less expensive in uncontested cases, so you will still be saving a lot of money. How much a uncontested divorce lawyer will cost depends on a variety of factors. The less complex a divorce is, the less a lawyer will likely charge. A divorce without any children involved will likely cost less. Typically, a divorce lawyer who has higher fees will also give you more attention than others.

You could pay as little as $100 to file the paperwork, or thousands. Either way, it’s still far less expensive than a contested divorce, where you can expect to pay over $25,000 on average.

Cause of Divorce: The Truth and the Myths

When it comes to the subject of divorce, it seems like everyone has an opinion, yet few have any facts. People don’t often understand why divorce happens – and sometimes it can seem like it happens to them “unexpectedly”. How many times have you heard someone say they “never saw it coming”. But understanding the causes of divorce can help you to either avoid it or make sense of it if it happens to you.

There’s No One-Size-Fits-All Reason

The first thing to keep in mind is that there’s no one reason that makes divorce inevitable. If someone tries to analyze you and tell you where your relationship went wrong, they’re probably wrong. Don’t pay attention to uneducated views that blame your divorce on your upbringing, IQ, or any other blanket cause.

The Difference between Reasons and Trigger Events

It’s important to differentiate between the underlying reasons a marriage breaks up and the trigger event that leads to the final breakdown. For example, if a couple has been fighting for ten years and then one day the husband comes home late from work drunk, his wife may decide she’s put up with enough and wants a divorce. The husband coming home late was the trigger event, but the underlying cause was the grinding of the two spouses’ personalities over the years.

Real Causes of Divorce

Now that you know there’s not one single cause of divorce, here are some of the most common ones. Financial difficulties are one major reason for marriages falling apart. Incompatibility is another big cause, which can take many forms — for example, couples may be incompatible sexually, intellectually, or spiritually. Abuse is another major cause of divorce, and it can also take many forms. But perhaps the biggest problem of all is a lack of communication between spouses.

Other Trends Relating to Divorce

People who marry while they are teenagers have a higher divorce rate, due to the fact that teens haven’t fully developed a sense of self and their ideas about what they want in a relationship may change drastically within a few years. Another interesting note is that people who live together before they get married have a higher divorce rate than people who don’t. It’s not clear why this is, but it may be due to the fact that living together makes some people feel they “ought” to get married, even if their relationship isn’t working.

Communication is Key

It’s important to remember that none of these causes of divorce are a surefire sign your relationship will end in disaster. If your marriage is suffering from smaller problems, talking through them is the best way to deal with it. People often aren’t honest with each other about what they want in a marriage, so being open and honest is the first step to determining whether your problems can be resolved.