finding a divorce attorney when your husbnd is an attorney

by Taryn Veum Jr. 5 min read

How do I find a divorce lawyer?

Divorce lawyers can help navigate the complex legal system of divorce proceedings—typically characterized by significant paperwork, waiting periods, difficult terminology, and acrimony. When looking for a divorce lawyer, word-of-mouth referrals from friends, family, and other professionals are a useful place to start.

Do I need a lawyer for my divorce?

Without an attorney to cover those bases, your ex runs the risk of missing deadlines, leaving out important documents or making other mistakes – and that can cause your divorce to take longer than it ordinarily would. Your ex cannot talk to your attorney for advice.

Is it normal to be anxious when divorcing a lawyer?

When divorcing a husband who is a lawyer or a husband of any profession, anxiety and concern is normal. It is part of the divorce process and I don't know any spouse who goes into a divorce joyful and content.

What are some secrets your divorce lawyer might not want you to know?

One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.

What are some good websites to check on divorce lawyers?

Online information portals, such as Martindale-Hubbell, Avvo, and Lawyers.com offer client and peer attorney reviews. Another good source is an association of attorneys focused on divorce and family law that often provides search portals for members, resources, and information you can use to educate yourself about legal issues around divorce. You can also use these sites to check the names of attorneys who have been recommended to you.

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.

What Is the Average Cost of Divorce?

The average cost of divorce in the United States is $12,900. The average hourly rate is $270, as data from Martindale-Nolo shows. Typically, clients pay an upfront retainer fee, which averages $2,000 to $5,000. 5

Why do people hire divorce lawyers?

First, divorce lawyers are skilled at presenting a case to a judge, seeing the big picture, and finding the best deal for their clients. Secondly, divorce lawyers can offer options people may have not realized were available. They may anticipate the outcome, suggest settlement options, and put together a settlement proposal as a result of their experience with similar cases.

How much does a divorce attorney cost?

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. Typically, divorce lawyers are paid via a retainer, which requires clients to pay in advance for their services. On average, the startup fees ranged from $2,000 to $5,000. 5

What is divorce arbitration?

Divorce arbitration is another form of resolving disputes in divorce negotiations without going to court, and it can also be speedier. It differs from mediation in that both parties present their case before an arbitrator whom they select, and the arbitrator makes a decision on how to handle their case. The arbitrator is often a lawyer or retired judge. It's important to note, however, that most often, the decision of the arbitrator cannot be appealed.

How much does it cost to get divorced?

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. It is important to note, however, that automatic temporary restraining orders (ATROs) prevent individuals from drawing funds from their retirement accounts before a divorce to prevent the change in their financial status.

How does a divorce attorney work?

After retaining an experienced divorce attorney, the spouse seeking divorce prepares a petition for divorce and files it with the court in the state in which he or she lives. Each state has its own residency requirement for how long a spouse must live within the state before being eligible to file for divorce. See our article on filing divorce papers for links to each state's forms.

What are the grounds for divorce?

Grounds for Divorce. Each state has its own statutory grounds for divorce. Grounds are typically classified as fault or no-fault. Some states offer both as available grounds, while other states have done away with fault divorces altogether; New York is the only state that still does not offer a no-fault divorce option.

What is a Divorce?

Legally referred to as dissolution of marriage in many states, a divorce is the termination of a marriage by a legal proceeding or in a court. Divorces are generally categorized as contested or uncontested. In a contested divorce, the parties cannot agree on at least one issue, while in an uncontested divorce, the parties agree to all terms.

What are the common grounds for finding fault in a divorce?

Common grounds include adultery, extended imprisonment, or cruel treatment or abuse. No-Fault In a no-fault divorce, neither party must prove the other engaged in wrongdoing.

What happens in a contested divorce?

In a contested divorce, the parties cannot agree on at least one issue, while in an uncontested divorce, the parties agree to all terms. A legal separation, which many states still offer, only terminates the right of cohabitation, but not the legal status of the marriage itself.

Is it common to file for divorce?

Divorce. Filing for divorce may be common, but it is also a complicated legal procedure requiri ng the advice and representation of a family law attorney experienced with the particular rules and statutes at play in your part of the country.

How to narrow your search for divorce lawyers?

While the number of attorneys you will encounter after a simple Google search can feel overwhelming, you can narrow your search by adding the search query to the divorce process you are seeking (arbitration, mediation, etc.). This will ensure that the lawyers who appear in your search results will specialize in the type of divorce you want.

What is divorce attorney?

Divorce attorneys (a subsection of Family Law) specialize in the entire divorce process from start to finish, help smooth over differences between disagreeing parties, and even offer a sympathetic ear to listen when you feel overwhelmed or upset.

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 are the different ways to go about 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.

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 to bring to an interview for a lawyer?

Be sure to remember to bring a pen and paper with you when performing your interviews. Penning down notes will help you remember what the lawyers said when you are making your decision later.

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.

John Arnold Steakley

You can't until the case is filed; after that point, you'll be able to check via the court.

Eric A. von Hacke

Bullies usually lie, so probably not, and if he has a good one he was warned not to threaten that way anyway. But that isn't the question you should be asking. Why are you listening to him instead of getting your own lawyer to protect you and your children? Your lawyer will quickly know if he does or doesn' t have one.

Glen Edward Ashman

Hire your own lawyer, file for divorce and if your husband has a lawyer they will respond. That's the only sure way.

Maria Sara Lowry

You can check with the Nueces County District Clerk's Office civil case search in person or on-line probably to determine if he has filed and if he has filed whether he has attorney. That is assuming that is his only county of 90 days' residence preceding possible filing. You may be able to do this or a lawyer can do search for you.

Thomas John Baker

You can't until the attorney files something or contacts you, unless you find a canceled check made payable to the attorney with "divorce retainer" written in the memo. Don't worry about what he is doing. Gather and copy financial documents, and go meet with an experienced family law attorney yourself.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

How to deal with divorce issues?

While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What happens if my spouse meets with an attorney?

If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

How to deceive your spouse?

You can try to deceive your spouse by hiding or concealing assets, but don't forget that you're also messing with the law. According to Narris, if what you're hiding is discovered, you'll lose your credibility in court. There could also be stiff penalties, including monetary sanctions. To protect yourself and your property during a divorce, it's best to declare all assets upfront.

Which states have the most lenient divorce laws?

Some States Are Better for Getting a Divorce. According to the government research site InsideGov, the five states with the easiest and most lenient divorce laws are Alaska, South Dakota, Wyoming, Iowa and Washington.

Why is divorce so stressful?

Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets. Although divorce can bail you out of an unhappy marriage, it can also milk you for all you are worth if you don't know your rights.

How much does a divorce cost?

It's no secret that divorce can be expensive. In fact, according to Narris, the average cost of legal fees in a divorce is an astounding $15,000! One way to cut down on these expenses is to use a mediator.

Why do you need receipts after divorce?

Narris recommends keeping receipts so you have a good idea of what everything actually costs. Doing this will help you maintain quality of life after a divorce.

Why is it important to stay alert during divorce?

During a divorce, it's important to stay alert to hidden tax obligations.

What is a DOS in divorce?

Typically, the court uses a formal date of separation (DOS) to determine property division and the value of certain assets. "If you are expecting a large increase in the value of a major asset upon a certain occasion, be mindful of that when you decide to initiate the divorce," said Narris. 23.

What to expect when going to court?

When you go to court, your lawyer will generally do most of the talking on your behalf. Unless the judge asks you a direct question, you probably won’t say much at all. However, your ex will be expected to speak for him- or herself. Your attorney will tell you what to expect in court before you go, which you can pass on to your ex if you’re so inclined. However, you aren’t obligated to share any information.

Can my ex talk to my attorney?

Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other.

Is self representation necessary in divorce?

The Downside of Self-Representation During Divorce. While divorce seems like a straightforward process, that’s not always the case. In fact, there usually are back-and-forth documents that often need to be filed with the appropriate clerks within certain timeframes.

Can a divorce lawyer give advice?

There are many websites that provide general information about divorce, but they can’t replace the case-specific advice that only an attorney can give . Well-meaning friends and family might be able to provide personal anecdotes about their own child custody , property division and other divorce experiences, but every case has its own nuances; what works for one person won’t work for another, even if the situation is similar.