The first place to start in order to find a divorce attorney is to gather a short list of family law attorneys in your area. Ask friends or colleagues who practice law for a referral. Lawyers frequently refer work out that is not in their specialty.
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This will also guide you in your quest toward finding the best possible divorce attorney, as most specialize in one or two divorce processes. So, if, for example, you decide that mediation will be the best way to end your marriage, you can then focus your attorney search on lawyers who specialize in mediation.
Deciding to divorce can be a long, soul-searching and emotionally-draining process. Adding to the stress is the necessity of finding a good divorce lawyer from the beginning. It is important to have top-notch legal representation, however, so do your research and find the best divorce lawyer you can afford.
Find out by checking with agencies such as the Better Business Bureau which lawyers have had complaints registered against them or their practice. Use the ABA, the American Bar Association, to identify a list of lawyers and their specialties who practice in your area.
Remember though that each state has their own divorce laws, so if your friend in Chicago is very enthusiastic about the lawyer she used, this will be of no use to you if you live in a state other than Illinois. However, do ask your friends for any tips they might have as to what made their lawyer especially good or (hopefully not!) especially bad.
Ask friends or colleagues who practice law for a referral. Lawyers frequently refer work out that is not in their specialty. The legal community is relatively small so a lawyer may have more insight into the lawyers who are well thought of versus the ones who take a scorched earth approach or do not know the law.
To receive this recognition, a lawyer has to have practiced at least five years, achieved certain objective practice milestones such as jury trials and appellate work, and have passed an additional test specific to family law.
It’s not an easy process to find a divorce attorney. The decision on who represents you is one of the first and most impactful decisions you will make in this process. Don’t take it lightly. Your case could span several years and cost tens of thousands of dollars. Be sure you feel comfortable with your legal team.
It can be difficult to find a divorce attorney that is reputable, affordable, and a good fit when you are going through a divorce. So how do you find the right one for you? Below are specific methods and questions to ask when selecting an attorney.
Once you find a divorce attorney, be cautious not to assume that a lawyer’s hourly rate or initial retainer is an indication of the charges overall. Some lawyers work more efficiently, and so even with a higher hourly rate, they may handle your case more cost-effectively.
Find out by checking with agencies such as the Better Business Bureau which lawyers have had complaints registered against them or their practice. Use the ABA, the American Bar Association, to identify a list of lawyers and their specialties who practice in your area. Most counties will have a professional association of lawyers. In addition, often times, this group can tell you which lawyers specialize in divorce.
Pay attention to the small details from the beginning: Does your lawyer return phone calls and emails within a reasonable amount of time? Is their administrative staff friendly and patient when you interact with them? Is the location of the office convenient for you so that you don’t have to drive hours and pay for parking and tolls each time you need to meet with them? Does the lawyer listen to all your questions and clarify in a friendly (not condescending) way when there are points you haven’t understood? Does he or she seem dismissive of what you have to say about your upcoming divorce? If so, choose another lawyer.
You’ll want to retain a lawyer who has at least three to five years’ experience doing family law. You don’t want somebody fresh out of law school with no real experience. This is not the time to hire your cousin who just passed the bar exam. An experienced lawyer can also give you better insights into the timeline of the divorce, the judge who will make the final judgment, and many other details which only experience can bring to the divorce process.
Key points to look for when searching for a good divorce lawyer-. 1. Understand your lawyer’s role. The goal of using a lawyer to help in your divorce process is to move the dissolution of your marriage forward in a fair and equitable manner. The main points of discussion when meeting with a lawyer should focus on money, ...
Finding the right lawyer could end up saving you time and money, and help you avoid long, drawn-out battles with your ex-spouse to be. Remember, your divorce will shape the rest of your life, so choose your lawyer wisely. Spending time to do the necessary research from the outset will truly be time well-spent.
You want to get a sense of different approaches so it is important to meet with several lawyers in order to decide on one who would be the right lawyer for your unique situation. Often times, you can get a sense of what a lawyer is like from your first phone call to their practice.
If they don’t specialize in family law exclusively, find out what percentage of the practice is devoted to family law; it should be at least 50% of their caseload. Depending on your financial situation, you may want to seek a lawyer who also has expertise in finance and property laws. It is important to get a good “fit”. You should feel comfortable with your choice of lawyer.
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.
Approach. Look for an attorney who aligns with your approach to the divorce. Ask how they would handle your issues. Some may work in a collaborative style that aims to problem-solve and minimize conflict—and perhaps settle the divorce without going to court. Others may take a more aggressive approach. Find the lawyer who will handle your case the way you want to approach the divorce.
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.
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
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.
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
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.
Before you settle on a lawyer, ask yourself what it is that you’re hoping to get from them. Are you looking for a lawyer who’s emotionally supportive? An impersonal but focused attorney? Are you looking for a team or a one-on-one personal experience?
It’s also important, Hildebrand adds, to evaluate the temperament of the attorneys you interview to ensure the lawyer does not cause more problems than provide solutions in your divorce, which he adds will only “increase the time and money you will spend on your divorce.”
When meeting with an attorney, don’t waste time asking questions about their experience, as that is information you should have gathered already from your research. Also, don’t bother asking how many cases you’re attorney has “won,” because the term “win” is meaningless in a divorce settlement and each case is unique enough that one person’s outcome will not necessarily be reflective of yours.
Assuming you’ve done your due diligence and research, there’s also something to be said for first impressions. And, depending on what that first impression tells you, you should pay attention. If something feels off, listen to that feeling and respond accordingly. “Nothing beats that ‘gut instinct’ when you first meet someone,” says Valencia. “Chances are you will know the right lawyer for you when you meet him or her. Don’t let plaques on a wall or an Armani suit dissuade you from your first instinct which is usually the right one.”
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.
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.
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.
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.
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.
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.
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.