Do I Need to Hire a Divorce Lawyer?

Getting a divorce is challenging—legally, financially, and emotionally. It combines the upheaval of a breakup with the tedium of endless paperwork.

You don't have to hire a divorce lawyer. But a divorce lawyer can explain your legal rights and options, help you reach a marital settlement agreement covering issues like property division and alimony, and fight for you in divorce court if necessary.

This guide explains what a divorce lawyer can do for you, when seeking legal counsel is essential, and how to find (and afford) the right divorce attorney.

What Do Divorce Lawyers Do?

Divorce lawyers are responsible for guiding their clients through every legal step of ending a marriage. A competent divorce lawyer will:

• Explain the law. A lawyer will be up to date on all state and local divorce laws and can translate them from legalese to plain English for you. A lawyer can also tell you exactly what to expect so you can logistically and emotionally prepare for every step of the divorce process, from filing the petition to signing the divorce decree.
• Provide legal advice. A lawyer will listen to your story, tell you how the law applies to your situation, and then outline your legal options so that you can make informed decisions about the best path forward.
• Prepare and file paperwork. A divorce, like any legal proceeding, involves a lot of paperwork. Divorce lawyers prepare, review, file, and serve all divorce papers for you. Like having an accountant prepare and file a tax return, many people prefer to delegate legal document preparation to a lawyer to avoid costly errors.
• Negotiate a settlement. Surveys consistently show that around 95% of divorce cases are settled out of court. A lawyer can negotiate a fair settlement regarding property division, child custody, child support, and spousal support. This negotiation can happen through divorce mediation, collaborative divorce, or between court dates.
• Zealously advocate. Lawyers have an ethical obligation to zealously advocate for their clients, which means doing everything they can to reasonably help their clients achieve their goals within the bounds of the law. Many people find it comforting to know that they have a lawyer fighting for them during one of the most stressful times in their lives.
• Troubleshoot. Many people handle their own divorces, but when things get complicated—for example, your spouse won't sign the divorce papers or you have to split retirement accounts, it's helpful to have an experienced problem solver on your side.

When Should I Hire a Divorce Lawyer?

While many couples can handle simple uncontested divorces on their own, getting professional legal advice is essential in more complicated situations. You should probably hire a divorce lawyer when:

• your spouse has a lawyer
• you're involved in a fault-based divorce
• you have minor children and are fighting over child custody and child support
• someone is seeking alimony (spousal support)
• you and your spouse have significant assets or debt
• there's a history of domestic violence or a power imbalance in your marriage
• your spouse is uncooperative or acting dishonestly (such as hiding assets), or
• mediation fails.

Hiring a lawyer is no doubt expensive (more on the cost below). But in some divorces, the stakes are too high for mistakes. If you don't know your rights, you could forfeit property that you're legally entitled to or end up paying excessive support. If you try to do it yourself, you could end up with unintended tax consequences and a badly drafted settlement agreement that isn't enforceable. In some cases, hiring a divorce lawyer is an investment in your financial future.

If you aren't sure if you need a divorce attorney, reach out to one early in the process. Many attorneys offer free consultations to explain your options and help you decide the best path forward.

How Much Does a Divorce Lawyer Cost?

Most divorce lawyers charge by the hour. Your lawyer's bill will depend on your lawyer's hourly rate and the number of hours your lawyer spends on your case.

According to Clio, a legal technology company, the average hourly rate for a lawyer practicing family law in 2024 was $314. Your lawyer's rate might be considerably higher or lower than the average based on many factors, including:

• location (big city lawyers on the coasts tend to charge a lot more than their suburban or rural counterparts)
• firm size (lawyers in big firms tend to charge more than solo practitioners), and
• the lawyer's years of experience and level of expertise.

The other half of the equation, the number of hours your lawyer will spend on the case, depends on the number of contested issues in your divorce and whether you and your soon-to-ex can resolve them.

In 2019, we surveyed our readers who had recently been through a divorce. The average total cost for readers who had hired a lawyer to handle their uncontested divorce was $4,100. The average total cost jumped to $23,300 for readers who went to trial on two or more disputes.

Learn more about how much divorce costs.

What Is the Best Way to Find a Divorce Lawyer?

A divorce is a uniquely personal legal problem. You'll have to open up to your lawyer about your relationship, lifestyle, and finances. That's why not just any lawyer will do. You'll have to find the right lawyer for you and your case. Here are some ideas on how to get started.

Personal Recommendations

Ask people you trust—friends, family, coworkers—for recommendations. The firsthand experience of someone you know will tell you much more about an attorney's communication style and effectiveness than any anonymous online review or advertisement.

If you've worked with or personally know any attorneys, consider asking them for a referral. Even if they don't practice family law, they can likely tap into their professional networks and recommend a divorce lawyer with a good reputation in the legal community.

Online Research

You can shop for pretty much anything online, including a divorce lawyer. Legal directories, such as Nolo and Findlaw, offer searchable databases of prescreened divorce attorneys in your area. Look for attorneys with a pattern of positive peer and client reviews.

Bar Association Directories

State and local bar associations typically offer directories of licensed family law attorneys in your area. Some offer a Certified Lawyer Referral Service (LRS). These services pre-screen lawyers to ensure that they are licensed, insured, and meet certain experience standards.

Your local bar association can also provide information about free legal clinics in your area as well as pro bono or low-cost legal resources.

Legal Aid and Low-Cost Options

If you're unable to afford an attorney, some legal aid offices provide free or low-cost representation in divorce cases for survivors of domestic violence.

Some law schools have family law clinics. These clinics allow law students to provide a range of services for free or at a reduced cost under the supervision of an attorney.

Nearly all courts have Self-Help Centers where you can find guidance on completing forms and understanding court procedure.

How to Vet a Prospective Divorce Lawyer

Don't just hire the first lawyer you contact. Make a list of at least three candidates to research and interview. You'll want to:

• confirm the lawyer is licensed and in good standing with the state bar
• find out how much experience the lawyer has with cases like yours
• nail down the attorney's fee structure and other costs you can expect
• verify that the lawyer you interview will be handling the case and not an associate or clerk you haven't met, and
• assess your compatibility with the lawyer's philosophy and communication style.

Going through a divorce is a vulnerable time. Look for a lawyer you feel comfortable talking with who has the knowledge and skills to represent your interests.

Red Flags to Avoid When Hiring a Divorce Lawyer

Choosing the wrong lawyer can make your divorce more difficult and expensive. Watch for these warning signs during your vetting process:

• poor communication
• unrealistic promises or "guarantees"
• limited family law experience
• overly aggressive sales tactics
• vague billing practices, and
• a history of ethical violations or malpractice complaints.

When Representing Yourself Makes Sense

While a divorce lawyer can be invaluable, there are situations when representing yourself (sometimes called a "pro se divorce") or using an online divorce service makes sense.

Going Pro Se

If you and your spouse can cooperate and agree on all major issues, you might not need a lawyer. Cases involving no minor children and minimal assets and debts are easier to manage without legal help than complex cases with a lot of issues to hash out.

Some states have simplified divorce procedures that require less paperwork and fewer court appearances. Most courts provide extensive online resources, forms, and step-by-step guidance on their websites. You can look at these resources and gauge whether representing yourself would be within your comfort zone.

Using an Online Divorce Service

An online divorce service can be a cost-effective alternative to hiring a divorce lawyer for an uncontested divorce. These services typically guide you through a questionnaire, then use your answers to automatically fill out the necessary divorce forms for your state. Some services file the paperwork with the court for you, or you'll get step-by-step instructions on how to do it yourself.

The cost of online divorce services varies, but it's typically in the $150 to $750 range. Online services work best for couples with no minor children and straightforward assets. Carefully review the service's eligibility requirements to see if your situation meets the criteria for an online divorce.

Can Spouses Share a Divorce Attorney?

Attorneys are ethically prohibited from representing both spouses in a divorce. Representing both spouses in a divorce would be a conflict of interest. Your interests, rights, and needs in a divorce are adverse to your spouse's, even if your divorce is amicable. An individual attorney can't ethically advocate for two people in adverse positions.

If your spouse has hired an attorney to prepare paperwork or a settlement agreement, you should seek advice about your rights from your own attorney before signing anything.

Making the Right Choice

Hiring a divorce lawyer is a vital decision that impacts more than just your case outcome—it affects your peace of mind and your future. By understanding what a good divorce lawyer does, applying a careful search and vetting process, and steering clear of red flags, you'll put yourself in the best possible position during a difficult life transition.