Divorce--Getting Legal Help Without Paying Exorbitant Attorneys Fees

Ignorance is the most common trap in the business of divorce, so becoming informed is crucial. However, friends, relatives and "common knowledge" are the worst and most expensive sources of advice. Use these for moral support, but when they give you advice, just smile and say "Thank You" but do not take it seriously. If you didn't get the advice from a reputable book or an attorney, don't trust it! Just because you like or trust someone doesn't make them right. And if you take bad advice, who pays the price? You do--perhaps for the rest of your life.

Millions of people have done their own divorces since self-help law was established in 1971, so you can probably do it too. If you do need an attorney for help, one of your biggest problems is going to be finding the right one. Not just any lawyer will do.

If you have trouble with some part of doing your own divorce, or if you and your spouse are trying to work out terms and get stuck, or if you need more information or legal advice, or for any reason at all, you may decide that a little time spent in conference with an attorney would be worthwhile. Instead of having a lawyer do the whole job, you might have him or her help you with just part of it. Some attorneys might not be willing to this. You have to shop around.

Shopping for an attorney is very much like shopping for melons. You have to check the prices and see if they "feel" right to you. You have the right to ask questions, look things over, and be choosy about whom you hire to take on such a major personal role in your life.

The best way to find an attorney is through some friend or trusted person who has had a satisfactory personal experience with one. But don't forget to check things out for yourself. Don't be intimidated. Call around on the telephone to find out how much an initial interview will cost, and how much the whole case might cost. See if you like the way the attorney and the law office staff treat you. If you only want some advice on part of doing your own divorce, ask ahead of time to see if they are willing to do this and find out what their rates are for consultations.

Most attorneys will do the first interview for nothing or for a very small fee, perhaps $15 to $25. Hourly rates run from $50 to $200 per hour, but $100 is pretty common. Price is not everything--it has to feel right. Talk to the attorney to see if you like the experience.

Why You Should Not Retain an Attorney

It is okay to use an attorney, but most people should never retain one in their divorce case unless there is a clear reason for doing so. When you retain an attorney, the attorney takes professional responsibility to act on your behalf--to represent you. You are literally handing over your power and authority to act.

Our system of justice is known as "the adversary system." It began in the middle ages when trial by combat meant that whoever survived was right. This approach to justice forms the basis of our legal system today. The attorney works in our system as a combatant, but that is not what you want for solving family and personal problems. Law schools do not require courses in counseling or communications. They teach aggressive and defensive strategy and how to get the advantage in every case. Lawyers are taught to look for problems, not solutions.

Lawyers are taught to act in ways that will complicate your case and make it worse instead of better. They tend to take cases into court quickly, even when that is likely to cause upset and make settlement more difficult.

Never forget that when you retain an attorney, the more trouble you have, the more money the attorney makes. That's hardly an incentive to keep things simple. But keeping things simple is what you want to have the best possible divorce.

Copyright 2005 Ed Sherman

Ed Sherman is a family law attorney, divorce expert, and founder of Nolo Press. He started the self-help law movement in 1971 when he published the first edition of How to Do Your Own Divorce, and founded the paralegal industry in 1973. With more than a million books sold, Ed has saved the public billions of dollars in legal fees while making divorce go more smoothly and easily for millions of readers. You can order his books from http://www.nolodivorce.com or by calling (800) 464-5502.

In The News:


Five Tips for Couples Considering Divorce During Economic Slump
MarketWatch - 5 hours ago
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National Post

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WELT ONLINE

Divorce Drama for Amy Winehouse?
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Boston Globe

William Shatner's new enterprise
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He gets Kimmel to talk about his ex-wife and his divorce, as well as his bad blood with Star Jones. Kimmel also shares the fact that, by his estimation, ...
"Shatner's Raw Nerve" is bold, but will it go anywhere? Scarlet Scuttlebutt
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Yoome: Reflections After The Divorce
NPR - 4 hours ago
By Ben Westhoff NPR.org, December 1, 2008 - "Amsterdamn" is a divorce song, but it's reflective rather than angry; the title's suffix is more "damn" than ...

Ivana Trump and Rossano Rubicondi to Divorce
TransWorldNews (press release), GA - 2 hours ago
The 59-year-old issued a statement saying she filed for divorce from Rubicondi three months ago but decided to keep the information private while he was ...

Pain relief? Divorce fast
Melbourne Herald Sun, Australia - 7 hours ago
IF your marriage is on the rocks, divorce now. I know you said "I do", but it's also OK to say "I don't". Divorce now. Don't wait until you hate. ...

Sydney Morning Herald

Madonna isn't getting out scot-free in divorce settlment
New York Daily News, NY - Nov 23, 2008
Madonna may have gotten her quickie divorce from Guy Ritchie, but the singer isn't getting off scot-free. Insiderssay that while Guy doesn't want Madge's ...
Video: Divorce Decree for Madonna, Guy Ritchie AssociatedPress
Putting kids first in divorce: lessons from Madonna and Guy CBC.ca
Guy said ‘Thank God’ when told about quickie divorce Entertainment and Showbiz!
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Minister’s son told to submit divorce document
New Straits Times, Malaysia - 10 hours ago
Judge Mohd Yunos Mohamad Zin made the order after Dino, 30, who was unrepresented told the court that he had pronounced the divorce by sending a text ...

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The actor and his wife Neha Chabbria who got married around two and the half years ago are on the verge of a divorce and have been living separately for the ...
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