# Finding a decent Lawyer



## jdd (Aug 30, 2013)

HI;

Can anyone give some tips / suggestions on finding a decent lawyer for what is hopefully a fairly uncomplicated divorce (no children, hopefully no disputes)?

I looked at ads / listing and have heard of a number of the local lawyers before, but there really are a ton of them.

Also; any rough guidelines on what to expect to pay the lawyer?

Thanks


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## survivorwife (May 15, 2012)

jdd said:


> HI;
> 
> Can anyone give some tips / suggestions on finding a decent lawyer for what is hopefully a fairly uncomplicated divorce (no children, hopefully no disputes)?
> 
> ...


1. Find a lawyer that specializes in Divorce, that will narrow it down. From there, check out their website to see whether you believe that they will do a good job for you. Sometimes they have a free consultation so that you can meet with them and see if you have confidence in their ability. They will also give you a "ball park" figure as to the cost.

2. And, even if there are "tons" listed, find someone whose location is close to your own and/or a comfortable distance.

3. Any friends or associates may be able to recommend someone.

Good Luck!


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## jdd (Aug 30, 2013)

survivorwife said:


> 1. Find a lawyer that specializes in Divorce, that will narrow it down. From there, check out their website to see whether you believe that they will do a good job for you. Sometimes they have a free consultation so that you can meet with them and see if you have confidence in their ability. They will also give you a "ball park" figure as to the cost.
> 
> 2. And, even if there are "tons" listed, find someone whose location is close to your own and/or a comfortable distance.
> 
> ...


Thanks. Checked with one last night, they wanted $3,500 to $7,000 for the initial retainer! I was pretty shocked. Going to have to check others.


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## unbelievable (Aug 20, 2010)

The most complicated part of a divorce is the property and child custody settlements. You have no kids, so this is simple. Sit your husband down and both of you knock out a fair agreement you both can live with. I had a much more complicated divorce but I worked out an agreement with the ex and even put it into proper legal format, got her notarized signature on it, and then just found a lawyer to stick it in front of a judge. Simple and cheap. They bill by the hour, so there's no sense in paying your lawyer to talk to his lawyer to talk to him. Talk to him directly. Whether you and he work out something at the kitchen table or it takes lawyers and judges years and a fortune to do so, you'll ultimately end up with something you both can agree to live with. Might as well figure out what that looks like, now, and get it on paper and put this marriage behind you.


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## Homemaker_Numero_Uno (Jan 18, 2011)

My state has a referral service, you can get a list of names close to you that deal with the issues you need. 

From there you can look at their info, and from there make some phone calls.

Some things to ask about is availability, cost, experience.

After that meet in person.

The receptionist and the clerks in their office are also something to check out, if they're organized and competent, the attorney can better represent you.

I spent $145 for a consultation to get a ballpark figure of how much I should expect in a divorce, then I just transferred that to my joint account and filed on my own for $40, did not ask for anything but was no child custody or property I was concerned about to sort out.

His attorney tried to re-file the paperwork as my paperwork did ask for a restraining order for my own kids as he had made a comment that he would continue to see them through their bio father, my kids wanted no part of it! And he'd been driving past our place, which was out of the way/dead end more or less, no reason for him to be going through that way at all. I think his attorney did not want the judge to see that and so sent me paperwork that he was going to file, I sent a notice to court and cc'd his attorney that it was poor practice to bill his client for something that had already been done, he should be responding to filing, not trying to file an entirely new one...so you need to watch out for tricks like that and address them head on if your spouse hires and attorney, but you don't really need one to file for divorce.

Most cases will go to mediation and there is a mediator supplied by the court to work everything over and to make sure both parties are getting fair deal according to law. 

We had mediation and then that was it, court approved divorce a number of days later.


You may just need a consultation, but really depends on your situation and your state laws.


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## ScrambledEggs (Jan 14, 2014)

If you have no disagreements on the division of assets and support then a Cadillac divorce should not cost you anymore than $1500. You can even get some mediation and counseling support for that. The lawyer works for both of you just to write up the terms of your joint agreement. 

If you agree, don't hire your own lawyer--its a waste.


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## jb02157 (Apr 16, 2014)

jdd said:


> Thanks. Checked with one last night, they wanted $3,500 to $7,000 for the initial retainer! I was pretty shocked. Going to have to check others.


Clearly this guy is just out for a big pay day. You should be able to get someone for a retainer of under $1000.


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## arbitrator (Feb 13, 2012)

*Remember that if you hire a "Board Certified Attorney" that the per hour cost could well be $400 per hour, and perhaps even more! And while they are very good at what they do in their specialized field of family/divorce law, they are quite often very expensive! 

Sometimes, you're just hiring unneeded expertise!*


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## Shoto1984 (Apr 11, 2009)

A. You can do it yourself assuming you two can communicate, be realistic as to what this is going to look like in the end and compromise a bit.

B. Look into mediation. Its basically the same as above but you'll pay a few thousand to be guided along the process.

C. If you really need a lawyer, do you have any friends who are lawyers? Ask one of them who they would use. If not get a few free consults. Know that they are going to want to "sell" you on using them. Pick the one that seems best in line with where you see this going. The problem can be that its not just the lawyer you pick but the one your spouse picks too. If one of them succeeds in turning up the emotional volume the billing can start running up and fast.

I just finished my divorce. I had one of the best in my area. He cost me $300/hr. (referral discount from good mutual friend normal rate $350/hr) and $5000 retainer up front. 

Good luck.


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## unbelievable (Aug 20, 2010)

Before I pay anyone $400 an hour, they'll have to be able to perform surgery or reliably deliver orgasms that would cause brain damage. I can't do either but I can negotiate my own divorce terms.


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## jdd (Aug 30, 2013)

ScrambledEggs said:


> The lawyer works for both of you just to write up the terms of your joint agreement.


What type of things have to be in the agreement? Some additional information;

1: There are no joint accounts. No joint loans. No joint credit cards.

2: No car / property titles with both names on them.

We are in a joint marital property state. 

One person is making more than the other, but not really looking for any kind of support payments.

What other type of things would have to be figured out?

Thanks.


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## ScrambledEggs (Jan 14, 2014)

jdd said:


> What type of things have to be in the agreement? Some additional information;
> 
> 1: There are no joint accounts. No joint loans. No joint credit cards.
> 
> ...


Laws vary by state and I am not a lawyer myself.

1. All debt created during marriage is joint even if it is not in both of your names.

2. Property purchased during the marriage is also held evenly regardless of title unless another instrument, like a disclaimer deed, alters the default marriage laws.

Sit down and make a spread sheet of all significant assets on it of any value and any property desired by one spouse or the other. Value it, at least the expensive stuff, and distribute it on the sheet. Note spousal support agreed if any. Hand that to your no contest lawyer and they will provide further guidance if needed. 

I can't say I recommend doing a divorce yourself. I have seen people burned badly by trying to represent themselves. Not specifically in a divorce but you have enough to worry about without that.


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## arbitrator (Feb 13, 2012)

ScrambledEggs said:


> Laws vary by state and I am not a lawyer myself.
> 
> 1. All debt created during marriage is joint even if it is not in both of your names.
> 
> ...


*All is true, unless of course, there is the presence of a valid prenuptial agreement; in which case, you're then solely at the mercy of the presiding judge!

And I'm in total agreement of not representing yourself pro se in court! Always remember the old legal addage: "He who represents himself in court has a fool for a client!"*


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## jdd (Aug 30, 2013)

arbitrator said:


> *All is true, unless of course, there is the presence of a valid prenuptial agreement; in which case, you're then solely at the mercy of the presiding judge!
> 
> And I'm in total agreement of not representing yourself pro se in court! Always remember the old legal addage: "He who represents himself in court has a fool for a client!"*


Does it make any difference that the 2 people never lived together? Does that make the process any easier?

The 2 people basically continued to live separate lives after married.

Thanks.


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## SpinDaddy (Nov 12, 2012)

Always visit the State Bar website for the jurisdiction you live in to check on the individual’s discipline history, certifications and etc. Many State Bars and many family courts also provide excellent information regarding the process and procedures; what to look for and what to expect.

Maturity and civility between you and your soon to be ex-spouse should largely guide your price points (IMHO). However, even if it is an amicable separation, you both would do well to work with someone – either mutually or representationally. 

There are many complications and implications that are easily overlooked in a “do-it-yourself” scenario. On the other hand, a legally contentious divorce generally does nothing but enrich a couple of lawyers, waste a lot of court time and wreak a legacy of financial and emotional anguish. 

Seriously try and avoid either end of the spectrum.


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## EleGirl (Dec 3, 2011)

jdd said:


> What type of things have to be in the agreement? Some additional information;
> 
> 1: There are no joint accounts. No joint loans. No joint credit cards.
> 
> ...


OK you have a pretty simple divorce. Try doing it yourself first. Search on the internet for your state's self help divorce state. Most court systems have one. If you want help doing that just post your state here.

If you need help use a mediator after you get as close to a settlement as possible.


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## jdd (Aug 30, 2013)

She was able to find someone through the Employee Assistance Program at work. $1,500 retainer, so that sounds much more reasonable. Sounds like the attorney thinks the whole process should be pretty smooth.


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