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Do You Need a Lawyer at All? |
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If you've been married a relatively short period of time, or you don't have many assets or much debt, or you and your spouse have worked everything out, you may be able to proceed without a lawyer. Court clerks are usually not allowed to give legal advice, but that doesn't mean they can't tell you where to file what papers. Legal form publishers may have divorce kits that you can use to do all the paperwork yourself. |
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On the other hand, if you have children, or have acquired assets, even if only a house and a pension, or if you and your spouse cannot agree on anything, you would be well advised to seek legal counsel. Even if the two of you agree on everything, your money would still be well spent on a consultation. It's perfectly acceptable to present a lawyer with the agreement you and your spouse have drafted and ask for comments. |
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One young father assumed that if his wife had custody of their young son, she would be free to move anywhere in the country. He was surprised, and relieved, to learn that he could include in his agreement the stipulation that his wife not move more than 50 miles from her present locationprovided he had not already moved himself. That was a provision he wanted, and got, in the agreement. For him, the attorney's fees spent were well worth it. |
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Choosing a Lawyer You Can Live With |
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Even if your case seems pretty straightforward, go to someone who has handled matrimonial cases before. You don't need an attorney who works solely in that area, whose fees may be very high. But you do want someone who knows which papers have to be filed in which courthouse, and who can take your case to trial if need be. Now is not the time to do your third cousin a favor by hiring her newly admitted son. |
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Some very competent matrimonial lawyers will tell you, from the outset, that they do not go to court. That means that they may be very good negotiators; but if your case doesn't settle, they will recommend another attorney, either in their firm, or in another firm, to take over the case. For some people, that's fine. Others prefer to have an attorney who will go the distance. Be sure to ask. |
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When you call the lawyer, ask whether there is a fee for the initial consultation. Don't be shy. Some lawyers will see you for free; others will charge their usual hourly rate (which may be as much as $300 an hour in major metropolitan areas). The reasoning: They've already done work on your behalf (albeit during the consultation) by collecting the background information they will need to begin. Others will only bill you if they take your case. |
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As you search for a lawyer, also be sensitive to the amount of time you are asked to sit out in the waiting room. Your attorney's office should not be comparable to Grand Central |
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