Divorce lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What divorce lawyer is

A divorce lawyer provides information about ending a marriage and may represent a spouse in matters such as property, support and parenting arrangements. People look for one when they are separating, have been served papers, or are unsure what steps come next. This is general information, not legal advice.

Signs you need it

  • You or your spouse has decided to separate and you need to understand the process
  • You have been served with divorce papers and a response is due
  • You and your spouse disagree about the house, accounts, debts or a business
  • There are children and you disagree about parenting time or decisions
  • Your spouse has hired a lawyer and you want your own representation
  • You want to know whether a mediated settlement is possible before going to court

What the pro does

  • Listen to your situation and explain the general steps of a divorce case in your state
  • Review marriage details, assets, debts, income and any children
  • Prepare and file the petition or response with the court
  • Exchange financial information with the other side and organize the documents
  • Negotiate a settlement agreement or represent you at hearings
  • Review the final decree with you before it is signed

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • Whether the spouses agree on most issues or dispute many of them
  • Whether there are children and a parenting plan to be set
  • The number and complexity of assets, such as a business, retirement accounts or several properties
  • Whether the case settles early or goes to trial
  • The court and the amount of paperwork and hearings it requires
  • Whether outside experts such as a valuation specialist or a custody evaluator are needed
  • How much the other side cooperates in sharing information

What a written quote should spell out

  • How the lawyer bills: hourly, flat fee for part of the case, or retainer, with no figures guessed in advance
  • What services are covered, such as filing, negotiation, hearings or trial
  • What is billed separately, such as filing fees, process servers or experts
  • How often you will receive billing statements and updates
  • Who in the office will do the work
  • What happens if the case grows beyond the original scope

Questions to ask before you hire

  • Do you handle divorce cases in this court and county regularly?
  • What is your general approach, such as negotiation first or court first?
  • How is the fee set up, and when do I need to replenish a retainer?
  • Who will I deal with day to day, you or a staff member?
  • What documents should I start gathering now?
  • How do you keep me informed as the case moves?
  • Would mediation be a reasonable first step in a case like mine?

Red flags

  • A lawyer who guarantees how the case will turn out
  • Pressure to file immediately without discussing alternatives or your goals
  • No written fee agreement before work starts
  • A lawyer who cannot show current good standing when asked
  • Dismissing your concerns about children or finances without explaining the reasoning

What you can do yourself

You can start organizing documents yourself: marriage date, account statements, tax returns, property records, debt statements and a list of what you own. You may also be able to find court self help forms for simple cases. Speak with a licensed attorney before signing any settlement, and when children, a business or contested property are involved.

Licenses and permits

Divorce lawyers must be licensed attorneys in good standing. Check the license and any discipline record with the state bar before hiring.

Divorce lawyer questions

Can a lawyer tell me how my case will turn out?

No. A lawyer can explain general rules and your options, but cannot honestly promise a result.

Do both spouses need their own lawyer?

Each spouse has their own interests, so one lawyer cannot represent both. Some couples use mediation to reach an agreement and then each has a lawyer review it.

What should I bring to the first meeting?

Marriage and children details, recent financial statements, tax returns, property records and any court papers you received.

Is a divorce lawyer the same as a mediator?

No. A lawyer represents one spouse. A mediator is neutral and helps both spouses talk through an agreement.

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