Divorce & Separation Attorneys

What does a divorce attorney do?

A divorce lawyer represents individuals who are divorcing or separating from their spouses, both in negotiations and in family court. The divorce attorney’s duties may vary depending on the complexity of the divorce and whether it’s contentious or amicable. In a relatively amicable, collaborative divorce, a divorce attorney may:

• Draft documents, such as separation agreements
• Help create a shared parenting plan that works for both the parents and the children
• Assess the need for child support, spousal support and other benefits
• Assist with dividing complex assets, such as the marital home or retirement accounts
• Review documents to ensure they follow state law
• Devise a debt repayment plan
• Keep track of deadlines and legal requirements to move the divorce process forward

In a more contentious divorce, an attorney may:

• Investigate to locate assets that their client’s spouse may have hidden
• Explore the potential benefits of pursuing divorce on fault grounds (in states where fault divorces still exist)
• Serve as a go-between for spouses who do not communicate well
• Negotiate with the other party’s attorney to try to reach a settlement
• Prepare the case for trial and represent the client in family court

Even a relatively amicable divorce is stressful and difficult for the parties involved, so effective divorce attorneys are as much counselor as lawyer. They help their clients navigate an intensely challenging process with empathy and care, while strongly advocating for their interests.

How much does a divorce attorney cost?

Divorce lawyers typically charge an hourly rate, which can be anywhere from $85 to $400 or more depending on their experience and the complexity of the case. Some attorneys may offer a flat fee for a simple, uncontested, no-fault divorce, but most divorces are non-routine matters that may need to be more open-ended from a fee perspective.

How do I choose the right attorney?

Some divorce attorneys take a more collaborative, conciliatory approach, while others present themselves as hard-hitting and aggressive. The type of attorney you’ll want to hire depends on the nature of your divorce and the goals you want to accomplish when it’s resolved.

Regardless of whether your divorce is contentious or amicable, though, you’ll still need to have tough conversations about intimate personal details with your lawyer, so it’s important to choose someone you’re comfortable with. Of course, you also need to make sure your attorney has experience handling divorce and separation cases in your jurisdiction. An attorney who knows the law and knows the judges is well-positioned to get a better resolution.

Some divorce lawyers offer a free consultation, but even if you must pay for an initial meeting, it’s worthwhile to take the time to talk to a lawyer and find out if they can help. The way your divorce is handled has huge implications for the rest of your life, so getting good legal counsel through this difficult process is important.