Taking the step to hire a divorce lawyer
Getting a divorce is a tough, emotional decision for most couples. The process can be easier if each of the divorcing spouses has confidence in their attorney.
Most divorcing couples find a matrimonial attorney through a referral from family or friends, from a lawyer whom they already know, or from a lawyer referral service such as that offered by the Illinois State Bar Association. A divorce attorney cannot represent both parties simultaneously but only the party who first contacted him or her.
Before deciding on an attorney, each spouse should meet with one or more lawyers and ask them questions about their legal experience as well as questions related to the case. They should learn, for example, how long the attorney has been practicing law, if the attorney concentrates in matrimonial law, what the lawyer's procedures are when working on a case, who exactly at the firm will work on their case and an estimation of how long the case may take before a settlement is reached. The person should also ask what is expected of them in order to make the client-attorney relationship successful.
During the initial meeting, the person should also inquire about how the attorney charges for his or her services. With regard to fees, most lawyers do not charge a flat fee unless the divorce is very simple and both parties have agreed to everything from the onset. Instead, a lawyer usually will request a "retainer" (similar to a security deposit) and charge on an hourly basis for his or her time. The fee is usually based on the attorney's legal experience and the complexity of the case. Once a fee agreement has been reached, a lawyer typically prepares a written contract which the divorcing couple signs.
Once the terms of the divorce have been reached and the case has been settled, a judge makes the determination about which of the two parties pays the attorneys' fees or whether each party has an obligation to pay his or her own fees.
A word of caution: in an attempt to save money, some divorcing couples have turned to the Internet for online divorce forms. Fill-in-the-blank divorce court forms should not be considered as an alternative to the services of a qualified attorney. The web sites claim that the forms provide the necessary paperwork for people to represent themselves "pro se." However, the claims that they make have been found to be misleading, and they may not stand up in a court of law.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.