Get Legal Help With Divorce

Even though divorces and related custody and support disputes have the potential to be among the most stressful and emotional of all legal matters, having an experienced divorce attorney on your side can make the process easier. They can help to ensure your interests are protected to the fullest extent possible.

This article discusses how to get legal assistance with divorce and what a lawyer can do for you.

Common Issues That Arise During a Divorce

Every case is different, but most divorces require the resolution of some or all of the following legal issues: 

• Property division
• Spousal support
• Child custody
• Child support

Any of these can further complicate or prolong the divorce process. Some of these potential complications include:

• How will divorcing spouses split up property and assets?
• What if only one spouse is working? Will that affect the distribution of property?
• How will divorcing spouses divide bank accounts and debts?
• Should one spouse be awarded spousal support (or alimony)? If awarded, what factors go into determining how much spousal support must be paid?
• Who gets custody of the children? What does parenting time look like for each spouse?
• Who stays in the family home, and who must move out? Or, will you sell any shared real estate and decide how to split the proceeds?
• What happens if the children only want to live with one parent?
• How much child support is appropriate?
• Do you qualify for an annulment?
• Should you try a legal separation prior to divorce?

The answers to many of these questions depend on the laws of your state. Whether you live in a community property state or a state that abides by different standards, how marital property is divided post-divorce can be very different.

Why You Should Get Legal Help With Divorce

There are a number of legal questions that must be resolved in a divorce. Those details can make the process adversarial, even if it initially seems like an uncontested divorce. If you are thinking about filing for divorce, or if your spouse has initiated divorce proceedings, you will want experienced legal help.

What can be at stake in a divorce may seriously affect you and your family—legally, emotionally, socially, and economically — immediately and in the future. So when you hire an attorney, it’s important they’re the right fit.

A divorce attorney will advocate for your best interests at every state of the divorce process. This includes:

• Evaluating your case and explaining your divorce options
• Filing divorce papers or answering a divorce petition
• Negotiating settlements and mediating disputes
• Representing you in court

Every divorce case is unique. Regardless, an attorney can protect your personal interests and help ensure a favorable outcome for you and your children.

Find a Divorce Attorney on Any Budget

Not everyone has the financial resources to hire an attorney. But, several low-cost to no-cost options for legal representation may be available to you.

Local Legal Aid Programs or Legal Services Office

Legal Aid offices are nonprofit law firms that provide legal services for low-income individuals. They may be free to low-cost for clients. They often handle various legal problems, such as:

• Foreclosure and eviction
• Food stamps and government assistance issues
• Domestic violence
• Family law issues, including divorce, child support, and custody

Find a legal service provider near you through lawhelp.org.

State or Local Bar Associations

Local bar associations usually offer lawyer referrals and may know who can offer free legal help or reduced-cost legal help. Some also offer self-help clinics and court forms if you choose to do your divorce without an attorney.

The American Bar Association (ABA) Referral Services

Under the American Bar Association, the bar associations in each state can serve as a lawyer referral service. If you need help finding a lawyer, contact the bar association where you live. They can provide you with referrals for free. As referral providers, bar associations can be a very useful resource.

Law Schools

Most law schools have legal clinics that have pro-bono programs for various legal issues. These can include criminal cases, evictions, domestic violence, and divorces. These are staffed by law students who a licensed and experienced attorney supervises. There is typically a waiting list, and you may need to be low-income to qualify.

FindLaw

FindLaw offers a free database of attorneys. You can limit your search to your area and your legal needs. Many have websites you can view to determine if they might be a good fit for you. Often, the first consultation is free or at a reduced hourly rate.

FindLaw also has a vast library of legal resources to guide you with your legal needs. You can explore topics related to divorce, domestic violence advocacy, child support, and more.

ABA Free Legal Answers

If you aren't ready to talk to a lawyer in person but have questions, the ABA's Free Legal Answers program is here for you. Run by the American Bar Association, this service can answer legal questions for free. Licensed attorneys in your state answer your questions, and it is entirely online.

However, not every state is represented. Explore Free Legal Answers to see if your state is covered.

Do You Need a Lawyer For Your Divorce?

It's possible to get a divorce without an attorney. At a minimum, you must complete paperwork and submit for processing. You must pay a filing fee and make court appearances. Most states offer court forms and legal information for divorce you can download and print, which you can do without an attorney.

If yours is an uncontested divorce, you can file without hiring attorneys. An uncontested divorce is one where the divorcing spouses agree on all the issues involved. You must still file the appropriate paperwork, pay fees, and get court approval.

Maybe you already have a legal separation with most issues resolved. Or you have a prenuptial agreement that already has issues of property division detailed. Your divorce may not be difficult.

But, some divorces are more complicated.

If your divorce is contested, you may need legal assistance. Divorces involving substantial financial assets or child custody issues might require help. If this describes your situation, it's likely in your best interests to find a lawyer.

If you have experienced domestic violence in your marriage or are fearful of your ex-spouse, hiring legal help can also be crucial. An attorney can help you file for a civil protection order. They can also help ensure child custody and visitation schedules account for domestic violence and prioritize safety.

Experienced divorce lawyers know how to effectively navigate the divorce process. They can anticipate the major sticking points and employ strategies to address them proactively.

Getting Legal Help With a Divorce

Finding a divorce attorney to help you with the divorce process and all its related issues doesn’t have to be overwhelming. Contact a local divorce lawyer who can explain the laws of your state and other general information you should consider. In addition to valuable legal advice, your attorney can also represent you in court if necessary.

Divorce laws can vary dramatically by state. This area of family law is a difficult one to handle on your own and family law cases can be stressful. It's important to get help from a lawyer, especially if there are complex issues involved, like child custody, significant assets, or allegations of abuse.