Divorce Attorneys

What do divorce attorneys do?

Divorce attorneys, sometimes called “matrimonial” or “family law attorneys,” represent clients in the following types of matters:

  • prenuptial agreements;
  • paternity (parentage);
  • separation;
  • divorce;
  • alimony (maintenance);
  • child custody;
  • child support;
  • child visitation (access and parenting time);
  • domestic violence; and
  • immigration issues related to marriage and family status.

What law governs divorce and family law matters?

State law governs most divorce and family law matters. However, federal law imposes certain requirements upon the states with respect to paternity, child support, and child custody. Also, child custody, alimony, and child support have federal income tax implications. International law may regulate some aspects of child custody when a parent and child reside in different countries.

When would I need a divorce attorney?

You should consult with a divorce attorney on any of the kinds of cases listed above in “What do divorce attorneys do?” It is especially important to see a attorney in the early stages of your case so that you can best protect your legal rights and avoid problems later.

Why do I need a divorce attorney?

As with other legal matters, you have the legal right to represent yourself in court. However, it is usually inadvisable to do so. The law, court rules, and procedures that govern divorce and family law can be very complicated. Additionally, family law situations are almost always charged with a lot of emotions. For that reason, even if you know your legal rights and understand the court procedures, you will almost certainly benefit from working with an attorney who knows the law well and can offer a more objective viewpoint about your situation.

Also, it is helpful to remember that your case does not necessarily have to be hostile or involve extended—and expensive—court proceedings. Most divorce attorneys will work with you to use informal procedures such as negotiation and mediation to help resolve the contested issues in your case. Also, a growing number of divorce attorneys are engaged in a collaborative law practice that emphasizes a non-adversarial approach to resolving disputes and gives clients more control over the process of solving problems.

How do I select an attorney?

We cannot list all the considerations related to selecting a divorce attorney, but here are some general guidelines.

Knowledge

  • Is the attorney familiar with all the legal issues that your case will involve?
  • What are the possible outcomes of your case? How likely is each outcome relative to the others?
  • What facts about your case will be most important?
  • How can you, as the client, help the attorney in resolving your case satisfactorily?
  • Will the attorney have to do any legal research to handle your case? If so, how much and about which issues?

Experience

  • Has the attorney worked on divorce and family law cases before?
  • Has the attorney represented clients whose cases were similar to yours?
  • Will the attorney work with other professionals who will help to prepare or present your case in court?

Availability

  • Does the attorney have adequate time to spend on your case?
  • Does the attorney communicate with you regularly and return your phone calls and e-mail messages promptly?

Level of comfort in dealing with them

  • Do you feel comfortable and confident in dealing with the attorney?
  • Does the attorney answer your questions in a way that you can understand the answers?
  • Is the attorney open to using less formal means of resolving disputes, such as negotiation, mediation, and collaborative law?
  • Are such alternative, informal methods appropriate for your case?

Is the attorney willing to spend the necessary time with you to make sure you understand all of the following:

  • the issues of your case?
  • your legal rights?
  • the range of possible outcomes and the relative likelihood of each?
  • the pros and cons of various strategies and approaches for your case?
  • the strategy he or she recommends for your case? and
  • other points that you are concerned about?

How can I find a divorce attorney?

Attorneys Catalog provides a list of criminal defense attorneys licensed to practice law in several states: