Frequently Asked Questions
What should I look for in a divorce attorney?
Consider these essential factors when choosing a divorce lawyer:
- Experience with cases similar to yours, including complex assets or custody issues
- Knowledge of state-specific divorce and family law regulations
- Clear communication style and responsiveness to client needs
- Transparent fee structure and billing practices
- Professional reputation in local courts and with other attorneys
What are typical divorce attorney fees?
Legal fees vary by location and case complexity:
Service Type | Typical Cost Range |
Initial Consultation | $100-500 |
Hourly Rate | $200-500 |
Retainer | $2,000-10,000 |
Flat Fee (Simple Divorce) | $1,500-5,000 |
What are the main types of divorce?
Different divorce options suit different situations:
- Uncontested divorce - couples agree on major issues, reducing time and costs
- Contested divorce - requires court intervention to resolve disputes
- Mediated divorce - uses a neutral third party to help reach agreements
- Collaborative divorce - both parties work together with attorneys to avoid court
- Default divorce - proceeds when one spouse doesn't participate
How are assets typically divided in divorce?
Asset division follows state laws under two main systems:
- Community property states split marital assets equally (50/50)
- Equitable distribution states divide assets fairly but not necessarily equally
- Separate property remains with original owner in both systems
- Business assets require special valuation and division procedures
- Retirement accounts often need qualified domestic relations orders (QDROs)
How is child custody determined?
Courts consider several factors when determining custody:
- Child's relationship with each parent and siblings
- Each parent's ability to provide care and stability
- Child's educational and social needs
- Child's preference, depending on age and maturity
- Parents' ability to cooperate and support relationships
What documentation should I prepare for divorce?
Gather these important documents:
- Financial records including tax returns, bank statements, and investment accounts
- Property documentation such as deeds and mortgage statements
- Insurance policies and retirement account statements
- Marriage certificate and prenuptial agreement if applicable
- Records of debts and monthly expenses
How long does divorce typically take?
Timeline varies by state and case complexity:
Type | Typical Duration |
Uncontested | 2-6 months |
Mediated | 4-8 months |
Contested | 6-18 months |
Complex Assets | 1-2+ years |
What factors affect spousal support awards?
Courts consider multiple elements for alimony:
- Length of marriage and standard of living
- Each spouse's income and earning capacity
- Age and health of both parties
- Contributions to marriage, including homemaking
- Impact of marriage on career opportunities
Note: This information serves educational purposes only and does not constitute legal advice. Each divorce case has unique circumstances that require evaluation by a qualified family law attorney under applicable state laws.