In 2020, over 600,000 couples got a divorce in the United States. Moreover, divorce can be a time-consuming and emotionally draining process. Having a professional to help you navigate the legal process is crucial. Although having a lawyer when getting divorced is unnecessary, it’s difficult to keep up with the process. Moreover, it can lead to several problems, especially if the other party has one.

Here’s what you should know if you plan to hire a divorce lawyer.

What is a Divorce Lawyer?

In the event of a separation, a is responsible for protecting their client’s rights. This can include managing the financial and custody aspects of the divorce. Additionally, your divorce lawyer will give you essential details on the law and other legal options.

What Does a Divorce Lawyer Do?

Your divorce attorney is responsible for reviewing your current situation and related documents. Documents typically include property value details, tax returns, and paycheck stubs. They also understand their client’s account of the situation and objectives, advising them according to these needs.

Draft Divorce Papers

After deciding that they want a divorce, one or both spouses will contact a divorce lawyer to draft the necessary papers. In cases where only one spouse wants a divorce, they will sign the divorce papers and present them to the other spouse to dissolute the marriage.

Oversee Settlements

Your divorce lawyer will look after settlements, which can include discussions about child support, child custody, and division of assets such as property and cars. In cases where the spouses signed a prenuptial agreement at the time of their marriage, the divorce lawyer will implement it at the time of separation.

Division of Financial Assets

Your lawyer will also write up a marital settlement agreement. This is a legal contract spelling out the terms for the division of assets, alimony, and child custody. Dividing your financial assets is a difficult task to manage on your own. That’s why it helps to have someone with legal experience and knowledge so that they protect your best interests.

Represent Clients in Court

In a contentious divorce, your attorney will represent you in court and appeal for or against the divorce. They may also need to attend hearings for issues such as adoption and child custody.

In some cases, clients speak to a divorce lawyer while getting married to draft a prenuptial agreement. This way, in the event of a divorce, your lawyer will already have laid down the legal groundwork.

Do All Divorces Go To Court?

Not all cases go to court, although it depends on the type of divorce. In fact, the parties settle before a trial in about 90 percent of cases. But cases that do go to court require the lawyer and their client to prepare their evidence, call on witnesses, and draft opening and closing statements.

Some alternative methods of resolving disputes include divorce mediation and divorce arbitration.

•       In mediation, the neutral mediator facilitates negotiation by helping parties come to a resolution. Although the parties can opt for mediation without attorneys, it’s not recommended unless it’s a simple case. For instance, when the marriage is short, and the couple doesn’t have children or property between them.
•       In arbitration, both spouses will present the details of their case to an arbitrator that they select. Then, the arbitrator decides how to proceed. In most cases, the arbitrator is a retired judge or another attorney. However, do keep in mind that you can’t appeal an arbitrator’s decision.

Mediation and arbitration are cheaper and faster ways to deal with a divorce than going to court, but they still require you to speak with an attorney.

Different Types of Divorce

The two main types of divorce are as follows:

Uncontested

In an uncontested divorce, both parties agree to the divorce and its terms. This can include the division of assets, child support, and child custody. As a result, you don’t need to attend a court hearing, which allows the process to move faster. Typically, uncontested divorces cost less because they have fewer disputes and take less time to resolve.

Contested

In a contested divorce, one party wants a divorce while the other doesn’t. Or the parties don’t agree to the terms. They may disagree on the division of assets or child custody, which can lead to a lengthier process.

FAQs

Here are some of the most commonly asked questions about divorce and divorce lawyers.

How Much Does Divorce Cost?

Although the overall cost can differ depending on where you live, the average cost of a divorce is $12,900. The median cost, however, is $7,500, while an uncontested divorce costs around $4,100.

Remember that certain aspects, such as a dispute over alimony, child support, and child custody, can increase the cost of a divorce. When a divorce involves disputes over two issues, the average cost can go up to $23,300.

How Much Does a Divorce Lawyer Cost?

Divorce attorneys usually charge an hourly rate rather than a flat fee. According to a 2019 survey, most attorneys charged between $100 and $400 per hour. Discussing an estimate of the charges involved during a consultation is important. Attorneys with more experience will better understand how much you’ll have to pay.

Regarding billing, services that include communication, such as emails and calls with you or the other spouse’s lawyer, are billable. Other services that will be billed include the preparation of negotiation settlements and document review.

How Long Does The Divorce Process Take?

It takes around 12 months to complete the divorce process, from filing a petition to finalizing the judgment. And if you decide to go to trial, the average time is around 18 months. Of course, if you opt for an alternative method like mediation or arbitration, it will be faster and cheaper than going to court.