what is divorce attorney

by Malinda Weimann 6 min read

A divorce attorney is the person who provides legal advice and services to a client and is considered to have expertise in this field. The more experienced a divorce attorney is, the more ease he will possess in solving your case. This experience can be acquired through hands on work on divorce cases, training and various specialized courses.

A divorce lawyer is an attorney that specializes in family law, and has experience in issues of divorce, child custody and visitation, child support, and spousal support.Oct 27, 2015

Full Answer

What to look for in a good divorce lawyer?

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.

What are some questions to ask a divorce attorney?

A divorce is a legal action between married people to terminate their marriage relationship. It can be referred to as dissolution of marriage and is basically, the legal action that ends the marriage before the death of either spouse.

How to find a good divorce lawyer?

Feb 15, 2022 · Attorney fees, together with property division, alimony and spousal support, and child support, comprise the major financial considerations in a divorce or other family law matter.

How do you get a divorce lawyer?

What Is a Divorce Lawyer Retainer Fee? Lawyers often charge a retainer fee to handle your divorce case from the beginning. This fee is a down payment for the legal services your lawyer agrees to provide. A divorce lawyer retainer fee includes the following: The cost of legal services—It’s based on the lawyer’s regular hourly fee. Keep in ...

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When Should I Hire a Family Law Attorney?

Divorce/Dissolution: Family law attorneys advise their clients on important financial and personal matters related to divorce, including division of assets and debts, the award of the family home and mortgage, family and child support, and custody.

How Does the Process Work?

Anderson Hunter attorney Laurie Ummel likens the work of a family law attorney to counseling in this respect: “People come in with a problem. They need to have it solved.” As with counseling, transparent communication on both parts is key to the client-attorney relationship.

What About Cost?

Ummel compares hiring a family law attorney to a plumbing problem. “I don’t know how to fix a plumbing problem, I wouldn’t try. I would pay what it takes because that’s something that’s essential to me.” Under Washington state law, parties do not have to be represented in family law cases and aren’t automatically entitled to an attorney.

What is no fault divorce?

No-fault divorce law gives either party the freedom to sue for divorce with only the claim of “irreconcilable differences.”. Born of these laws was the concept of unilateral divorce: either partner feeling the urge to end the marriage could do so and was free to leave.

Who is Cathy Meyer?

Cathy Meyer. University of Florida. Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. our editorial process.

Is a legal separation the same as a divorce?

A legal separation is a lot like a divorce. It involves the same process of filing papers with the court to start a legal action and the court has to make the same decisions about children, debts and assets as in a divorce. However, at the end of the process the parties are legally separated instead of being divorced.

What is the purpose of divorce?

The purpose of a divorce is to terminate the parties’ marriage. In order to do that the parties and the court must decide how to handle the questions of custody and placement of the minor children and how to divide the property and debts of the parties. State laws presume each party is entitled to one half of the marital property ...

What is non marital property?

Non-marital property would be property inherited by one of the parties or given to just one of the parties by a third person and, if it has been kept separate it will remain with that person after the divorce.

Can alimony be reviewed?

Alimony can be for a limited period or for an indefinite period depending on the circumstances. It can be reviewed if there is a significant change in the circumstances of either former spouse.

Can you represent yourself in court?

Individuals are always allowed to represent themselves in a court action. If you do, you will be referred to as a “pro se litigant.”. However, if there are any serious questions involving the children, property, debts or spousal support, it is better to have the assistance of an attorney.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How much does a divorce cost?

Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.

Do divorce lawyers charge by the hour?

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.

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 start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

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.

How much does a divorce cost?

The median cost of a divorce is $7,500. An uncontested divorce or one with no major contested issues costs, on average, $4,100. Disputes over child support, child custody, and alimony raise the average cost of a divorce significantly. Divorces that go to trial on two or more issues cost, on average, $23,300.

Do you have to pay a fee to dissolve a marriage?

The court must legally dissolve your marriage. You have to pay a filing fee in court for this. Filing fees vary a lot by state, with some states showing significantly higher divorce costs than others.

How long does it take to get divorced in NC?

Divorces take, on average, between 12 and 18 months to finalize. Filing fees range from $75 in North Carolina to $435 in California. Divorced men and women have less money in independently owned defined-contribution retirement accounts than married men and women.

How much does a divorce attorney charge per hour?

20% paid $400 or more per hour. The more complicated the divorce, the higher attorneys' fees -- especially if the proceedings take a long time or if going to trial to resolve contested issues is necessary. Some attorneys offer a flat fee, which can help you budget for your divorce case.

How much does a family therapy session cost?

Family therapy for yourself or your child: Rates are typically $75 to $200 per session, according to the National Directory of Marriage and Family Counseling.

What is retainer fee?

A retainer fee is a down payment for the lawyer’s services. At the very least, it represents an estimate of how much the lawyer thinks it will cost, both in fees and administrative costs, to handle the case. The lawyer must place the retainer in a trust account separate from their business account. They then deduct the costs ...

How much does a retainer attorney charge?

What is a typical retainer fee attorney? Some lawyers charge retainer fees of $1000, while others charge $5000+. Depending on the lawyer and the complexity of your case, you can usually expect to pay a retainer fee of between $3000 and $5000.

Is a retainer fee refundable?

The retainer fee may or may not be refundable, though sometimes a court can rule that a non-refundable retainer fee is unreasonable. Usually, any money remaining at the end of the case gets refunded. If the retainer runs out during the case, the client may have to pay additional fees to the lawyer. The lawyer usually sends a monthly account ...

What is a consultation fee?

A consultation fee is a fee paid for a first time consultation with a divorce lawyer. It is relatively uncommon since most family law attorneys provide consultation for free. These initial consultations often include discussions of what to expect from a divorce. The lawyer will also offer guidelines for how to conduct yourself during the process.

What is contingency fee in divorce?

A contingency fee depends on the outcome of the case. They can either be flat fees or a percentage of the amount awarded in the case. This kind of arrangement is not allowed in divorces by the Washington State Bar.

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When Should I Hire A Family Law Attorney?

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Divorce/Dissolution:Family law attorneys advise their clients on important financial and personal matters related to divorce, including division of assets and debts, the award of the family home and mortgage, family and child support, and custody. For clients who wish to dissolve a ‘committed, intimate relationship’ in a situation …
See more on andersonhunterlaw.com

How Does The Process Work?

  • Anderson Hunter attorney Laurie Ummel likens the work of a family law attorney to counseling in this respect: “People come in with a problem. They need to have it solved.” As with counseling, transparent communication on both parts is key to the client-attorney relationship. This relationship usually begins with an initial consultation, where the attorney asks the client questio…
See more on andersonhunterlaw.com

What About Cost?

  • Ummel compares hiring a family law attorney to a plumbing problem. “I don’t know how to fix a plumbing problem, I wouldn’t try. I would pay what it takes because that’s something that’s essential to me.” Under Washington state law, parties do not have to be represented in family law cases and aren’t automatically entitled to an attorney. While appearing pro se is an option, when …
See more on andersonhunterlaw.com