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.
Questions to ask 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?
Frequently asked questions
How much does a divorce lawyer cost in the US?
It varies widely by state and how contested the case is. Uncontested divorces may be handled for a flat fee, while contested divorces billed hourly can cost many thousands of dollars. Ask for the hourly rate, the retainer and an estimate of the total.
Can we use one lawyer for an uncontested divorce?
A lawyer can only represent one spouse. The other spouse can represent themselves or hire their own lawyer, and some couples use a neutral mediator instead.
Do I need a lawyer to get divorced?
Not always. Simple, uncontested divorces can sometimes be handled without one. A lawyer is strongly recommended when there are children, significant assets, a business, pensions or retirement accounts, or any concern about abuse.
What should I bring to my first meeting with a family lawyer?
Bring your marriage certificate, a summary of your income and assets, details of any existing agreements or court orders, and a list of questions and priorities.