how do you shop for divorce lawyer

by Karina Mills 7 min read

You can find nearby divorce attorneys by: Looking in your local yellow pages. Check your yellow pages under "attorney" then searching for ads that list divorce or family law as an area in which the attorney (s) practices.

How to Choose a Divorce Lawyer
  1. Step 1: Understand What Your Divorce Lawyer Does. ...
  2. Step 2: Set Realistic Expectations for Your Lawyer's Role. ...
  3. Step 3: Decide What Kind of Divorce Process You Need. ...
  4. Step 4: Consider Your Budget. ...
  5. Step 5: Do Some Online Research. ...
  6. Step 6: Talk to Family and Friends.

Full Answer

How do I find a good divorce lawyer in my area?

Use the ABA, the American Bar Association, to identify a list of lawyers and their specialties who practice in your area. Most counties will have a professional association of lawyers. In addition, often times, this group can tell you which lawyers specialize in divorce.

How to use a lawyer to help with a divorce?

Show All 1 Understand your lawyer’s role#N#The goal of using a lawyer to help in your divorce process is to move the dissolution... 2 The importance of research#N#While your goal here is not to become an authority on the ins and outs of divorce (after... 3 Take time to interview your choices More ...

What are the different ways to get a divorce?

Possible ways to go about the divorce process include arbitration, mediation, litigation, collaborative divorce, summary divorce, contested divorce, and others. Spend time researching these methods and select the path that you think will work best for you.

Should I hire a lawyer in Chicago for my divorce?

Remember though that each state has their own divorce laws, so if your friend in Chicago is very enthusiastic about the lawyer she used, this will be of no use to you if you live in a state other than Illinois. However, do ask your friends for any tips they might have as to what made their lawyer especially good or (hopefully not!) especially bad.

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Can mediation over divorce save you litigation costs?

Mediation over divorce permits parties to work out their differences concerning finances and property division without litigation’s financial costs...

Do both spouses need to agree for mediation over divorce?

Mediation over divorce works only in situations where both spouses agree to mediate. Mediation permits parties to work out their issues with a qual...

Can I ask court to order spouse to pay attorney fees for divorce litigation?

You may ask the court to order your spouse to pay your attorney fees in some situations for the divorce litigation. While many courts do not requir...

How to keep attorney fees minimal in divorce litigation?

In some situations, you may agree with an attorney to proceed on a bundling or task-based billed basis while litigating over divorce. Bundled legal...

What are flat fees for attorneys in divorce cases?

Flat fees for attorneys enjoy popularity in simple divorces where the parties can reach solutions outside of court. Flat fees are similar to bundli...

Can I pay divorce lawyer from retirement account?

Most states permit a party to withdraw from 401ks or retirement accounts to pay a divorce lawyer. In states where applicable, ATROs prohibit the fo...

What do ATROs mean in divorce situation?

Most states have ATROs, or automatic temporary restraining orders that preclude parties from disposing of assets subject to divorce. The purpose of...

Is paying a divorce lawyer with marital assets ATRO violation?

Paying reasonable attorney fees with marital assets typically does not violate your ATRO.

Can family or friends help with loan for divorce litigation?

You may seek out the assistance of friends or family to request a loan of funds needed to pay for your divorce lawyer. Agreements specify the payba...

Can I use credit card to pay divorce lawyer?

While not always advisable, depending on your situation, you may apply for a new credit card and use the card to pay your divorce lawyer. Divorce p...

What to look for in a divorce lawyer?

Key points to look for when searching for a good divorce lawyer-. 1. Understand your lawyer’s role. The goal of using a lawyer to help in your divorce process is to move the dissolution of your marriage forward in a fair and equitable manner. The main points of discussion when meeting with a lawyer should focus on money, ...

Why is it important to meet with several lawyers?

You want to get a sense of different approaches so it is important to meet with several lawyers in order to decide on one who would be the right lawyer for your unique situation. Often times, you can get a sense of what a lawyer is like from your first phone call to their practice.

How to avoid long battles with ex spouse?

Finding the right lawyer could end up saving you time and money, and help you avoid long, drawn-out battles with your ex-spouse to be. Remember, your divorce will shape the rest of your life, so choose your lawyer wisely. Spending time to do the necessary research from the outset will truly be time well-spent.

What percentage of a family law practice should be devoted to family law?

If they don’t specialize in family law exclusively, find out what percentage of the practice is devoted to family law; it should be at least 50% of their caseload. Depending on your financial situation, you may want to seek a lawyer who also has expertise in finance and property laws. It is important to get a good “fit”.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

Can lawyers advertise on the internet?

Check their online presence. In years past, some states allowed lawyers to advertise in telephone directories. If you still use a directory, you can always check there, but nowadays nearly all lawyers and legal practice s have websites that you can check out.

Is it easy to divorce?

Hopefully, you will have done your research and your divorce can move along and be finalized without major hitches. It is never an easy decision to divorce, but going in with knowledge can help make this transition time less uncertain and a bit easier to get through.

What do you do when your spouse is a lawyer?

communicating with your spouse’s attorney (or directly with your self-represented spouse) and anyone else involved in the case. reviewing documents and performing research. discovery (such as requesting documents or other information and conducting depositions) drafting settlement agreements.

Why does divorce take so long?

There are several reasons divorces can take a long time, including the number and type of contested issues, combative spouses (or attorneys), the amount of time needed to gather evidence about things like complex finances or custody issues, and whether you go to trial.

How long does it take for an attorney to bill you?

Attorneys generally bill you (usually increments of six to 15 minutes ) for everything they do in connection with your case, including: every communication you have with them (whether by phone, text, or email), from quick status phone calls to dealing with your email about who gets the Instapot.

Do divorce attorneys charge by the hour?

Divorce attorneys almost always charge by the hour, rather than a flat fee, because every divorce case is unique. Even if your situation looks similar on the surface to another couple’s (a two-income household with two kids and a home owned together), it doesn’t mean your case will turn out the same way.

Can an attorney predict how much work will take?

Because of this, attorneys can’t predict how much work your case will take. However, our survey results on total costs (discussed below) can give you a general idea of what other people paid their lawyers overall, and how certain factors affected those fees.

Can a divorce judge order a spouse to pay for attorney fees?

Sharing Legal Fees in Divorces. In most states, family law judges may order one spouse to pay for part of the other spouse’s attorneys’ fees, especially when there’s a big difference in their incomes and one spouse needs the help in order to have an equal playing field.

What Does a Divorce Lawyer Do?

A divorce lawyer protects the rights of their client, along with handling the related custody and financial aspects of the divorce. Importantly, a divorce lawyer will also explain the law and your available legal options.

Do You Need a Divorce Lawyer?

Working through the legal process of divorce is often complex—characterized by significant paperwork, waiting periods, and filing multiple forms, among other requirements—adding hurdles to individuals who may wish to undergo a divorce without a lawyer.

Payment: What You Should Expect and How to Pay

The total average costs of a divorce can range from $7,000 to $28,000, with divorce attorneys charging an average of $270 an hour. In a 2019 study by Martindale-Nolo Research, attorney fees for divorces lasting less than six months clocked in, on average, at $6,500; those lasting more than 30 months came in at $23,000.

How to Find a Good Divorce Lawyer

As with many other services, finding a good divorce lawyer can start with referrals from friends or family. In addition, other professionals, such as accountants or financial advisors, may offer recommendations. Getting a deeper understanding of their experience with a lawyer can provide valuable information on what to look for—and what to avoid.

Finding the Right Lawyer for Your Situation

When you've identified possible candidates, interview your top choices. Some offer free consultations, but budget for a paid meeting if you think the attorney is worth it. You will learn something about how you want your divorce to proceed from each meeting.

The Bottom Line

The steep cost makes finding a divorce lawyer an option that is out of reach for many Americans. 7 Legal activists have suggested that the process of getting an uncontested divorce—which is when either spouse doesn't disagree with any aspect of the divorce—should be reformed, making it less arduous. 8

How Can I Afford a Divorce Lawyer?

Because the costs of getting a divorce can range between $7,000 and $28,000, many Americans question how it's possible to pay for it. 5 Withdrawal from a 401 (k) is a permissible option if the funds are spent on the divorce.

What is the best way to settle a divorce?

Mediation . For some parties, mediation may be an option to consider for settling your divorce. Mediation permits parties to work out their differences concerning finances and property division without litigation’s financial burden. Mediation costs parties considerably less than litigating a divorce in court.

What are the rules for a divorce?

Most states have ATROs, or automatic temporary restraining orders that preclude parties from disposing of assets subject to divorce. However, most states permit a party to withdraw from 401ks or retirement accounts to fund a divorce. In states where applicable, ATROs prohibit the following: 1 Selling, transferring, or borrowing against property; 2 Borrowing or selling insurance held for the other spouse; 3 Modifying beneficiaries on retirement accounts and life insurance accounts; 4 Changing bank accounts; or 5 Destroying or hiding assets.

How does mediation work in divorce?

Mediation costs parties considerably less than litigating a divorce in court. Additionally, mediation permits parties to work out their issues with a qualified mediator. Mediators aid parties to seek common ground so they may reach a solution. Mediation works only in situations where both parties agree to mediate.

What is a fee waiver for divorce?

Fee Waivers. All states provide disadvantaged individuals with the option to file for divorce with a fee waiver procedure. A fee waiver procedure permits you to file for divorce and ask the court to waive all court fees associated with divorce .

What is a pro bono lawyer?

A pro bono attorney is a licensed attorney volunteering to work for free. Pro bono services provide legal aid to marginalized individuals unable to afford legal representation. Additionally, some lawyers may decide to take a case pro bono despite typically charging for legal services.

How to find a pro bono attorney?

To locate a pro bono attorney, contact a legal aid organization. Legal aid organizations exist in all states. If you do not live in a particular county, you may locate an attorney outside the county willing to accept the case.

What is bundled legal services?

Bundled legal services permit a client to pay an attorney for only certain legal services. For example, you may wish to hire an attorney to negotiate and settle child custody and visitation issues. You can save money on legal services by choosing what legal services you pay for in these situations.

Expert Q&A

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Tips

Even though you hired an attorney, you can fire him or her at any time and for any reason. Consider firing your attorney for doing any of the following:

Warnings

This article offers legal information, but it is not intended as legal advice.

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 128,883 times.

Why is it important to hire a divorce attorney?

Hiring a divorce attorney is often one of the first steps any person seeking a divorce will perform, and it is easily the most important, as their guiding hand can help make every subsequent step that much easier. Once you have planned to acquire an attorney’s services, your first big decision is which attorney to choose and why.

What questions should I ask a lawyer?

To ensure that you get all the information you need to make an informed choice, create a list of questions beforehand, and ensure to go over each question in full depth. Just a few examples of questions to ask include: 1 How long have you been in practice? 2 What type of divorces do you usually handle? 3 Who is your typical client? 4 Have you been a representative of cases that were similar to mine?

What is a board certified divorce attorney?

Board Certified marital law attorneys have an additional legal education and training specific to legal separation and divorce law, and will be of particular use for your divorce. Going through a divorce is a painful event, but you don’t have to go through it alone. Compassion, hard-working, experienced are some of the qualities ...

How many attorneys should I schedule an interview with?

Create a List of Interview Questions. It is recommended that you schedule appointments (either phone or in-person) with at least 2-3 attorneys (after you have already narrowed down your search through personal recommendations and savvy internet research) before making your decision.

Why do you have to have an interview with an attorney?

Having an actual interview with the attorney can help solidify your mind if they are the right type of person with the right expertise for your case. To ensure that you get all the information you need to make an informed choice, create a list of questions beforehand, and ensure to go over each question in full depth.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

Is divorce painful?

Deciding to divorce your spouse could be one of the most stressful and painful moments in a person’s life. The strong emotions that often accompany it can make going through the often complex divorce process feel like an insurmountable weight has been placed on your chest.

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