what is a divorce attorney for

What to look for in a good divorce lawyer?

Aug 28, 2019 · An experienced attorney will take charge of your divorce, but will need your help with some things. Your duties will include signing documents, providing facts and information about your case, and gathering important documents such as pay stubs and tax returns.

What are some questions to ask a divorce attorney?

Dec 15, 2021 · The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody. While it's important to hire a lawyer who is skilled and knowledgeable, it is also crucial to find an attorney with whom you feel comfortable on a personal level.

How to find a good divorce lawyer?

Aug 27, 2019 · Divorce Lawyers’ Hourly Rates Nationally, nearly 7 in 10 readers paid their divorce attorneys between $200 and $300 per hour. How Divorce Attorneys Charge Fees. Divorce attorneys almost always charge by the hour, rather than a flat fee, because every divorce case is unique. Even if your situation looks similar on the surface to another couple ...

How do you get a divorce lawyer?

Feb 26, 2022 · Divorce lawyers can help navigate the complex legal system of divorce proceedings—typically characterized by significant paperwork, waiting periods, difficult terminology, and acrimony.

Starting Your Divorce Case

Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process.

What Do I Have to Do in a Divorce?

Don’t think that once you hire a divorce attorney that you can book a month's long vacation. You and your lawyer will need to keep in touch frequently as your divorce progresses. Your lawyer may look to you to provide factual background for the paperwork or “pleadings” filed in your case.

What are the issues in divorce?

At its most basic, a divorce is a legal process by which two parties terminate their legal and financial relationship. But each divorce is unique and most involve disputes over things like child custody or division of property. Here are the main issues a divorce attorney deals with (see also, Checklist: Issues to Discuss with Your Divorce Attorney ): 1 Division of Property: All property acquired by either spouse after the marriage date is considered "marital property" and is subject to equitable division. See FindLaw's Guide to Divorce and Property Division (PDF) to learn more. 2 Alimony: Alimony, or spousal support, is monthly payment made by one spouse to another in accordance to either a settlement agreement or court order. Alimony is meant to correct for any unfair economic effects of a divorce. See FindLaw's Guide to Spousal Support (PDF) to learn more. 3 Child Support: Child support is a monthly payment made by the noncustodial parent to the custodial parent to be spent on the child's needs. See FindLaw's Guide to Getting Child Support (PDF) to learn more. 4 Child Custody: When a family splits up, the parents and the court must decide what is best for the minor children, including where they will live and how decisions are made. This is often the most difficult part of the divorce proceedings. See FindLaw's Guide to Child Custody (PDF) for more information.

Who handles divorce?

The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody. While it's important to hire a lawyer who is skilled at your economic and other interests in a divorce, it is crucial to find an attorney ...

Why is it important to hire a lawyer for divorce?

While it's important to hire a lawyer who is skilled at your economic and other interests in a divorce, it is crucial to find an attorney with whom you feel comfortable on a personal level. Divorce is an intensely emotional process, requiring delicate people skills in addition to legal know-now.

What is custody rights?

Custody: Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.

What is alimony in divorce?

Alimony: Alimony, or spousal support, is monthly payment made by one spouse to another in accordance to either a settlement agreement or court order. Alimony is meant to correct for any unfair economic effects of a divorce. See FindLaw's Guide to Spousal Support (PDF) to learn more.

Do divorce attorneys charge by the hour?

Divorce attorneys almost always charge by the hour, rather than a flat fee, because every divorce case is unique. Even if your situation looks similar on the surface to another couple’s (a two-income household with two kids and a home owned together), it doesn’t mean your case will turn out the same way.

Why does divorce take so long?

There are several reasons divorces can take a long time, including the number and type of contested issues, combative spouses (or attorneys), the amount of time needed to gather evidence about things like complex finances or custody issues, and whether you go to trial.

What is the Martindale-Nolo survey?

References in this article to survey results come from Martindale-Nolo Research's 2019 divorce study, which analyzed survey responses from readers who had recently gone through a divorce and had researched hiring a lawyer. The names of any readers quoted in this article have been changed to protect their privacy.

Can a divorce be settled on your own?

Although divorce is one of the most complex and emotional legal processes in family law, not all couples require in-depth court assistance to end their marriage. If you and your spouse are on the same page about what you want for your family, you may be able to negotiate a divorce settlement on your own.

What to talk about when you divorce your spouse?

When you and your spouse decide to divorce, if you can communicate, try to talk about each of your ideal outcomes for child custody, visitation, child support, property division, and alimony.

What is collaborative practice in divorce?

While most attorneys are willing to utilize alternative divorce solutions, like mediation, some are trying a new divorce method called "collaborative practice," which is where the clients and lawyers agree, in advance, not to litigate in court.

Can you represent yourself in divorce?

Although you might feel like you can represent yourself in your divorce, when one side has an attorney and the other doesn't, it often results in the unrepresented party walking away without a fair deal. Do yourself a favor, hire an attorney and level the playing field.

Is divorce pleasant?

Do yourself a favor, hire an attorney and level the playing field. Although no divorce is pleasant, some are outright unbearable, especially if the other party in your case is hiding assets, destroying property, wasting marital funds, or threatening you with physical or financial ruin for filing for divorce.

Is law a science?

The practice of law is not a science, but it's not exactly an art either. There are certain things your attorney can and should be doing. For some guidelines, refer to the following list: Your lawyer should have an overall plan for your case.

Is law an art?

The practice of law is not a science, but it's not exactly an art either. There are certain things your attorney can and should be doing. For some guidelines, refer to the following list: Your lawyer should have an overall plan for your case. This might simply mean that she plans to meet with your spouse's lawyer within ...

How long does it take for a lawyer to call you back?

If the court hands down any decisions regarding your case, your lawyer should notify you at once. Your attorney should return your calls within 24 hours unless there's some reason why that's impossible—for instance, if she's in court or in the middle of a trial.

Where is Jeff Cutler?

Jeff Cutler is a native Miamian, attending local public schools before graduating with honors from the University of Florida School of Business Admin... Read More#N#istration (BSBA, Finance) and receiving his Juris Doctor degree from the University of Florida School of Law in 1982. He was a Captain and four-year letterman for the University of Florida Wrestling Team. Mr. Cutler returned to Miami in 1982 to live and practice law following law school. Mr. Cutler’s areas of legal specialization include civil, corporate, and commercial law and litigation, including business and construction law, transactions and finance, personal injury, wrongful death, p ... View Profile

Who is Erin Morse?

The Law Office of Erin Morse is an exclusive Family Law and Divorce Law Firm. Founded by Attorney Erin Morse in Orlando, she and her competent staff ... Read More

Is divorce pleasant?

No one would ever describe the divorce process as being pleasant; neither would any spouses say on their wedding day they were planning on divorcing down the road. But divorce happens—for at least 50 percent of all first, second, and third marriages.

How much does a divorce attorney cost?

The total cost of a divorce is about $15,000, but can go as high as $100,000 depending on how many issues you want a judgment on ...

Is divorce time consuming?

Divorces can be time-consuming and messy, and the issues in each divorce are different from one couple to the next. Because the outcome of every divorce is determined by the defendants, the attorneys, and what is at stake, it’s nearly impossible to find a standard overall cost.

What is a free consultation for divorce?

Most firms offer a free consultation, and it can be very helpful in finding the attorney that's a good fit for the particular details that need to be resolved in your divorce. A good consultation will cover. guidelines on how to conduct yourself for the duration of the case.

Does a divorce lawyer offer a free consultation?

Most firms offer a free consultation, and it can be very helpful in finding the attorney that's a good fit for the particular details that need to be resolved in your divorce. A good consultation will cover

How much does it cost to file for divorce?

The cost will vary from state to state, but typically it’s about $300 , which can sting, considering the circumstances.

How long is a mediation session?

While most mediation sessions are charged hourly, some mediators prefer to charge per session. On average, a typical mediation session will last about two hours. Of course, this timeframe will depend on the topics of discussion and whether or not any conflict is involved. The hourly rate for private meditation ranges, ...