Divorce is one of the most complex and emotionally charged ordeals any individual can experience in life. The dissolution and ultimate end of a marriage often translate into a legal context in a plethora of ways.
Be it profound, life-altering, depressing or confusing, having to traverse the process without the professional assistance of a licensed, family law practicing divorce attorney could spell even more difficulties along the way.
As a legal process, working through a divorce requires careful consideration, adherence to all preexisting marital procedures and a comprehensive knowledge of the applicable laws within the family law bubble.
The role of a divorce attorney can extend far beyond merely taking care of the paperwork or representing a client in a court setting or legal proceeding.
Oftentimes, a divorce attorney is their client’s greatest advocate, legal guide and voice of reason throughout the sometimes tension-filled process of divorce, working to ensure an individual’s rights and best interests are being prioritized.
In this article, Best Lawyers explores why hiring a divorce attorney is an essential part of this complex process, the fees involved and how, post-election, divorce rates may continue to skyrocket.
Do I Need an Attorney for Divorce Proceedings?
Not all divorce cases are created equal.
Some cases require the help and legal capabilities of an experienced family law or divorce attorney. Factors such as the overall complexity of the case, an individual’s level of legal knowledge prior to the divorce’s initiation and one’s comfort navigating the intricacies of family law all have a hand in the hiring process.
In a simple or uncontested divorce case, where both parties have no outstanding issues and wish to handle the matter amicably, it’s not entirely outside the realm of possibility to proceed without a licensed attorney.
However, in more complex divorce proceedings, in which there are a significant number of assets, children or repeated marital disputes, hiring a divorce attorney to handle all legal matters is highly advisable.
An experienced attorney can protect their client’s rights, negotiate terms and conditions on their behalf and ensure the legal process runs seamlessly, leading to a positive outcome for all involved.
Additionally, divorce attorneys can provide valuable advice and legal insights as well as reduce a client’s stress in the face of escalating uncertainty that comes with divorce proceedings.
Before hiring a divorce-specific legal practitioner, it’s crucial for individuals to assess the specific circumstances of their case and consider scheduling a consultation with an experienced attorney to determine an appropriate course of action.
How Much Does a Divorce Attorney Cost?
As is the case with any other practice area, the cost of hiring a divorce attorney varies considerably depending on several crucial factors.
Currently, in the U.S., divorce attorney fees can typically range anywhere from $200 to $500 per hour or, in some cases, even higher.
These financial rates are dependent on a few factors including the lawyer’s level of experience, location and proximity to their prospective client, the case’s overall complexity and firm structure.
With that, depending on the divorce attorney, billable hours and legal retainers may also come into play.
Billable hours could account for any additional work the hired attorney carries out leading up to a divorce proceeding. Whether its legal research, drafting detailed court submissions, reviewing and responding to case-adjacent emails or making phone calls, bills surrounding the legwork of divorce proceedings can accumulate quickly.
Rather than a steadily building list of accrued fees, a retainer is a lump sum payment made up front before a case even begins to secure an attorney’s legal services.
Retainer fees cover all the initial legal work and expenses involved in a case from scheduling and meeting with clients, drafting legal documentation and preparing for upcoming court proceedings or negotiations.
These fees can range from $3,500 to $10,000 and sometimes vary drastically depending on the attorney in question, case complexity and overall quality of legal services.
Additionally, hourly rates, billable hours and retainer fees aside, some divorce lawyers offer fixed fees or flat rates for specific legal services.
On average, a relatively straightforward divorce proceeding can cost a few thousand dollars, while a contentious, prolonged divorce can quickly escalate to tens of thousands of dollars in mounting legal fees.
Before any arrangements are made, it's vital to discuss fees and payment structuring with your chosen attorney while also inquiring about other additional costs.
Rise in Divorce Rates Post-Election
Following the 2024 presidential election results, stories of families cutting ties or setting unique boundaries due to a striking difference in politics have occupied much of the online discourse.
An event such as an election, which bears such significance over the lives of many, could only further accentuate the level to which a couple’s values have changed individually over the years.
Differences in any relationship are healthy, but when one part of that relationship impresses their political views or demands that their significant other shift their worldview, things can quickly dissolve to the point of no return.
Lawyers nationwide are sharing anecdotal evidence, witnessing an evidentiary trend of an increase in divorces following the 2024 presidential election.
Alabama family law attorney Jo Anna C. Parker shared on X that she scheduled an excessive number of divorce-based client consultations following the election results.
Tiffany Bond, a family law lawyer in Maine, told HuffPost she was equally busy handling intake calls in the week following Trump’s reelection.
“I had to send calls to other attorneys because I couldn’t take any more myself,” she said. “It happened the last time Trump was elected, too.”
This sudden increase, which is uncharacteristic for this time of year, directly points to a growing trend in disillusioned couples across the country, said Parker.
Similarly, Kayla Gaudio of Sodoma Law, based out of North Carolina, who also saw an influx in divorce consultations, stated that a severe mismatch in political ideologies and core beliefs could lead any couple to reconsider their level of compatibility and result in divorce filings.
The intersection of political views and personal relationships has always ridden a fine line, but recent developments have made these differences even more evident, causing an imbalance to skew toward the prospect of divorce.
Despite the detailed impact of the recent election results on divorce rates in the U.S. remaining unquantifiable, family law-based legal professionals have painted a vivid picture of the toll conflicting worldviews can take on a marriage.
For some couples, this divide may be the last straw in a series of continued marital issues, proving that, in some instances, the personal is political.
