What does a family & divorce lawyer do?
Family lawyers help when a relationship ends or a family dispute needs resolving. They advise on divorce and separation, dividing property and money, arrangements for children, support payments and protection from domestic abuse. A good family lawyer will also try to keep you out of court through negotiation or mediation where that is safe.
How divorce works in the US
Divorce is governed by state law, so the rules depend on where you or your spouse live. Every state now allows some form of no-fault divorce, and most require you to have lived in the state for a minimum period before filing. Nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) follow community property rules for dividing marital assets. Most others use equitable distribution, which aims for a fair, though not necessarily equal, split.
Custody and support
Courts decide custody based on the best interests of the child. Many families agree a parenting plan through mediation. Child support is usually calculated using state guidelines that look at both parents' incomes and the time each spends with the child. Spousal support (alimony) depends on factors such as the length of the marriage and each person's earning capacity.
What family lawyers charge
Most US family lawyers bill by the hour and ask for an upfront retainer. Some offer flat fees for uncontested divorces. Contingency fees are generally not allowed in divorce cases. Ask whether the firm offers limited-scope ("unbundled") help if you want to handle parts of the case yourself.
How it works in Europe
In most European countries, divorce is handled by the courts, although some, including France, Spain, Italy and Portugal, allow certain uncontested divorces through a lawyer-signed agreement or a notary or civil registrar. Where spouses have different nationalities or live in different countries, EU rules (such as the Brussels II ter Regulation) decide which country's courts can hear the case, so early advice from a lawyer experienced in international family law is important.
Questions to ask before you hire a family & divorce lawyer
- How often do your cases settle, and how often do they end up in front of a judge?
- Will you push for mediation, or do you think my case needs to go to court?
- How do you deal with pensions or retirement accounts when dividing assets?
- If there are children involved, what usually happens with interim arrangements while the case is ongoing?