Situations Where You Need a Divorce Lawyer

If you and your spouse have decided to end your marriage, one of your first questions is whether you need a divorce lawyer. It's not a simple question—the answer depends on your situation and the type of divorce.

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Amicable Couples and Issue Resolution

If you can cooperate with your spouse and resolve all significant legal issues, you may not need a lawyer's help in your divorce case.

These issues include:

• Child custody of your minor children (which includes a parenting plan)
• Child support
• Alimony or spousal support
• Division of property or marital assets
• Division of marital debt

There are advantages to cooperating and working with your spouse through divorce.

Constructing your own agreement can help you:

• Keep better control over the vital issues raised during your divorce instead of leaving them up to the court
• Save time and money by not having to hire a divorce lawyer
• Save money by using a divorce attorney for limited parts of the court process
• Provide a smoother transition for children
• Avoid draining fights, tension, and emotions

Uncontested Divorce Basics

You and your spouse may believe you have agreed on all the issues in your divorce. In that case, you can generally file for a dissolution or uncontested divorce. These terms are often interchangeable. An experienced attorney can point out any differences under state laws.

If you proceed without hiring an attorney, check with your court jurisdiction or your state supreme court for do-it-yourself divorce forms and guidelines. It may save you money and frustration to do this research. Private companies may offer no-fault divorce forms online, but you will want to verify they are reputable and that there are no hidden costs.

Court staff cannot provide you with legal advice. Be ready to pivot to attorney representation if the process becomes too overwhelming or time-consuming for you.

Some states require that uncontested divorces and dissolutions have a hearing. A judge needs to ask questions and review the agreements with the parties while the parties are under oath.

Whether or not you must appear in court to finalize your divorce depends on the state law where you live. To avoid multiple court appearances, you must show the following:

• The divorce is uncontested
• You agree on the significant issues in the divorce
• You are available to appear for hearing as required by the court

You can expect that most states require short court hearings when an uncontested divorce involves minor children.

Uncontested Divorce: Do I Still Hire an Attorney?

Most uncontested divorces only need a little help from a lawyer. You can still hire a divorce lawyer to review your agreement to protect your rights and interests.

An experienced divorce attorney can also ensure:

• Your agreement is likely to be accepted by the court
• You are not overlooking any critical issues (such as retirement assets or spousal maintenance)

Divorce Lawyers Are On Your Side

Divorces can involve a lot of hurt. Strong emotions are often at play. You want to avoid adding stress to the situation with an attorney that doesn't suit your case or personality. If you decide to hire a divorce lawyer, take your time on the decision.

Consider if you want a divorce attorney to fight against your spouse (or your spouse’s attorney) in court. Or, you might work best with a lawyer that approaches the case calmly and helps you work out a fair agreement. Every situation demands a different approach.

Hiring Advice: Choosing The Right Attorney For You

Divorce will have a major impact on your life. Each decision you make is an important one and having the right attorney plays a big role. Seek referrals for more than one attorney. Ask many questions during your initial consultation with each attorney you interview.

Some helpful questions to ask a potential attorney might be:

• Would you support a decision to seek a settlement agreement prior to court?
• Do you have a track record of battling even the most minor issues before a judge?
• Do you prefer collaborative options instead of fighting in court?
• What is the fee structure for billing your clients? What is your hourly rate?
• What's involved in the divorce process? How long does a case usually last?
• Will you be in contact as the case progresses? How long does it take you to respond to phone calls and emails?
• Do you handle other family law matters other than divorce?
• How many divorce cases have you tried? How many years of experience do you have?
• What is your experience handling divorces with child custody and visitation components?
• Do you take high-net-worth cases?
• How much of my divorce case will you handle? Will a paralegal handle the divorce papers?

Typically, lawyers are hired as advocates for their client's interests. Tell your potential attorney about your honest goals and legal interests from the start. Be prepared for them to evaluate your ask by asking several questions. This can also help them decide if they are the best divorce lawyer for your case.

Look for a divorce attorney with experience, objectivity, and specialized knowledge to represent you during the divorce proceedings.

Attorney Hiring Advice: Alimony, Prenups, and Retirement Income

Your divorce attorney should be knowledgeable about financial matters. Some things you want to ask about include:

• Alimony and spousal support: State laws vary on awarding alimony. Some states only order payments for long-term marriages.
• Prenuptial agreements: If you and your partner had a prenup, show it to your attorney at your initial consultation. The attorney can explain how it will affect your property division and what your state laws say about prenuptial agreements in divorce.
• Retirement accounts, pension plans, and stock options: A court order called “qualified domestic relations order," or QDRO, covers retirement accounts. Most family lawyers do not handle QDROs. Your attorney needs to know if you have retirement accounts at your first meeting so they can contact a QDRO attorney.

Attorney Hiring Advice: Children and Custody

If your divorce involves minor children, you need legal services that can help with child custody matters, including:

• Child support: Child support includes insurance and health care
• Parenting plans: These cover custody arrangements, visitation, school, medical decisions, and travel plans

Not all divorce lawyers take on child support and custody cases. Ask whether your lawyer can handle both at your initial meeting.

Alternatives to Hiring a Full-Time Attorney

You also can seek other options instead of hiring a full-time divorce lawyer to go to court. These options may also help you proceed with an uncontested divorce.

You can consider the following:

• Limited-scope representation
• Collaborative divorce
• Mediation

Limited-Scope Legal Representation Options

Each party should have a lawyer review the agreement. They can check for problems and legal risks. This is true even in an amicable or uncontested divorce.

Limited scope representation means you hire a lawyer to help with only certain things in your divorce.

It is common for a limited-scope attorney to do some of the following:

• Advise on a fair agreement
• Review any agreement you drafted
• Attend mediation sessions with you
• Draft your divorce agreement
• File your divorce paperwork with the correct local court
• Attend your divorce hearings
• Attend hearing if you have minor children (some states require an attorney at specific points in the process or if you have children)

Limited-scope representation or "unbundled" services are often a flat fee. Having a flat fee is usually cost-effective compared to full-scope representation.

Limited scope representation may present a good option to parties who have settled all issues or expect to work through any technical problems raised by an attorney who has reviewed a settlement for fairness and legal sufficiency.

Collaborative Divorce Basics

A collaborative divorce is an agreement between the spouses and attorneys not to litigate. Instead of going to family court, they will focus on a fair divorce settlement.

Collaborative practice lawyers will generally only agree to represent a client if:

• Your spouse has already hired a collaborative attorney
• Your spouse consents to hire a collaborative practice attorney before the case begins

Once both spouses hire their attorneys, they typically need to sign an agreement. This agreement states that the spouses must find new attorneys if:

• A settlement cannot be reached
• The divorce is headed toward litigation

Such an agreement negates attorneys' financial incentives to:

• Prolong discussions
• Push for litigation
• Take too long to propose or respond to a settlement offer

Do I Need an Attorney for Divorce Mediation?

Mediators are trained to help both sides to set aside their emotions. They are often attorneys themselves. They can help you focus on the facts and provide a space where you can work through each issue without getting sidetracked.

Mediators have an advantage over divorce lawyers. They can work with both spouses at the same time. This can help cut down unnecessary communication delays and fighting when spouses communicate.

Mediators also have the advantage that they are not advocating for either side. Their neutrality and professionalism are key factors to their success. They can often help parties reach a settlement faster than a lawyer.

Some people bring their lawyers to mediation. Your attorney can listen and represent your side during mediation sessions. A combination approach may be best in certain situations, but you will pay for both your lawyer and the mediator.

Divorce Attorney Legal Fees

The cost of hiring a divorce lawyer depends on several factors.

• The divorce attorney or family law firm's retainer depends on their location. Divorce attorney fees in a big city are higher than in a rural county.
• Your divorce case will dictate how much time it takes. Uncontested divorces with minimal paperwork may end quickly. Complex cases with lots of property division, bank accounts, and tax returns take much longer.
• Child custody cases may draw the legal process out, especially if there are issues with financial support or visitation.

Divorce is one area where attorneys are not allowed to work on contingency. In this context, “contingency” means a payment arrangement where an attorney only gets paid if they achieve a favorable outcome for their client.

A good lawyer will not increase their liabilities in a case by working pro bono or delaying billing.

Both Spouses Need Their Own Attorney During Divorce

You and your spouse cannot share one attorney. There are rules of professional conduct for attorneys. In nearly all states, the rules forbid a lawyer from representing two people with conflicting interests. A divorce, even an amicable one, involves two people with conflicting interests.

You can benefit from a lawyer advocating just for you. They will look out for your best interests. They can provide legal information honestly as they seek to get you a fair settlement.

Some divorce lawyers offer mediation services. In that case, they can legally assist both you and your spouse as a third-party neutral. However, once hired as a mediator, they can't go on to represent one or both of you in the legal process. This rule depends on the state you live in.

When You Need To Hire a Divorce Attorney

In certain situations, a divorce lawyer makes sense or will help you get the best outcome. They can help protect your rights and safety in a legal sense. They can also direct you to law enforcement for physical protection when necessary.

You should strongly consider hiring an attorney if your case has these issues:

• There's a problem with domestic abuse or child abuse
• Your spouse is potentially lying about specific topics
• Your spouse is being vindictive
• Your spouse hired an attorney
• Your divorce involves children
• The marriage has complicated financial issues

You might not be financially able to hire a divorce lawyer. You can contact your local legal aid office or a local bar association for help. You might qualify for free or reduced costs of legal representation.

Fearing Violence During the Divorce Process

If you face domestic violence, get to safety and consider talking with an attorney. Your local legal aid office may be able to help if you cannot afford an attorney and face domestic violence issues.

You may seek a temporary restraining order immediately and get yourself and your children to a safe place if:

• You fear domestic violence
• You think that your spouse may harm you or your children
• You think your spouse may take or destroy your property

When issues of violence exist in a marital relationship, you should talk to a domestic violence advocate or attorney as soon as possible. They can help you evaluate your situation and make a good decision on next steps. If you do not know who to call, you can contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for crisis assistance and referrals.

Although you may not want to involve law enforcement, it is possible that your spouse will do that. Your spouse may accuse you of kidnapping if you take your children without getting a temporary restraining order. This may happen even if you take them away for their safety.

Also, you have options if you need money to get to safety. It may cause problems to take money out of any joint accounts you have with your spouse. An experienced attorney can advise you regarding bank account withdrawals and court filings. You might be able to file a court action and obtain a court order for immediate spousal support.

Finding a Local Divorce Lawyer

A lawyer can give you clear legal advice about child custody, marital property distribution, child support, and more. They will listen to the specifics of your case in light of the divorce law in your state. They can provide more nuanced solutions than you might find online.

You can start the divorce process or decide if you need an attorney's help by reaching out to an an experienced divorce lawyer near you.

Video: Do I Need a Divorce Lawyer?