Hiring a Divorce Attorney

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Hiring a Divorce Attorney

Many people going through a divorce don’t have even the slightest idea of the legal process in NC, which is exactly why hiring a divorce attorney with real family law expertise is such an advantage. Here’s how to choose the right attorney, and what to ask before you hire one.

Schedule a Consultation: (877) 351-1513

What Happens When You Hire Us

It starts with a free call to our intake team, followed by a one-hour consultation with an attorney. You do not have to decide at the consultation. If you choose to retain us, you sign a fee agreement and we begin work on your case.

See how our consultation works, step by step →

You are important to us from your first visit until your last.

How Your Team Works

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The Attorney You Meet Is Your Attorney

The attorney who handles your consultation is the attorney on your case.

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You Know Your Team From Day One

Every case has an attorney and a paralegal, and you’ll know each person by name from the start. An attorney directs all of the work.

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You Hear Back Within One Business Day

We return calls and emails within one business day. If your attorney is in court or in a hearing, your paralegal will respond.

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Your Case Gets a Second Look

Angela McIlveen, our managing partner and a Board Certified Specialist in Family Law, meets regularly with our attorneys to review cases and provide strategic support.

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Depth When Your Case Needs It

Sean McIlveen and Joshua L. Finney are Certified Family Financial Mediators. Sean is also a parenting coordinator. Jennifer Palmer handles estates and trusts, so your estate plan can be updated alongside your family law matter.

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Confidentiality

We take our clients’ privacy seriously. Our attorneys and staff keep the details of your case to themselves, and we use secure internet and web portals to protect your information from being visible to the public.

10 Things to Consider When Hiring a Divorce Attorney

The attorney you choose shapes the outcome of your case more than any other decision you will make. These are the ten questions we would ask if we were hiring.

1

Does the attorney practice family law full time?

Family law has its own statutes, local rules and unwritten courtroom customs. A general practitioner who handles a divorce a few times a year is learning on your case. Ask what percentage of the attorney’s practice is family law and how many custody and equitable distribution trials he or she has handled in the last two years.

2

Is anyone at the firm a Board Certified Specialist?

The North Carolina State Bar Board of Legal Specialization certifies attorneys as specialists in family law only after at least five years of practice, a substantial family law caseload, peer review, continuing education and a written examination. By the Board’s own count there are roughly 28,000 active attorneys in North Carolina and just under 1,100 board certified specialists across all fields, about 250 of them in family law. McIlveen Family Law has an attorney certified as a specialist in family law by the North Carolina State Bar Board of Legal Specialization in every office.

3

Does the attorney regularly appear before your judges?

Custody and support are decided by district court judges with wide discretion, and every judge has tendencies. An attorney who is in your county’s family court every week knows them; one from another county does not. Ask where the attorney practices most.

4

How are fees structured, and what does the retainer cover?

Get it in writing. Most family law attorneys bill hourly against a retainer held in trust; some firms offer flat fees for uncontested divorces or separation agreements, though we do not, because even simple matters vary enough that hourly billing is fairer to the client. Ask the hourly rates of everyone who will touch your file, how often you will be billed, whether the retainer is refundable if unused, and what happens when it runs out.

5

Who will actually work on your case?

The attorney you meet at the consultation is not always the one who appears in court. Ask who will handle hearings, who drafts documents, and who returns your calls. A team with paralegals is efficient and saves you money on routine work, as long as an attorney is directing it.

6

How does the attorney communicate?

Ask how quickly calls and emails are returned and whether you will have a direct email address. Attorneys are in court much of the day; a firm that sets clear expectations and meets them is better than one that promises instant availability and does not deliver.

7

Does the attorney try cases, or only settle them?

Most cases settle in part, but the settlements are shaped by what the other side believes will happen at trial. An attorney the opposing lawyer knows will try the case gets better settlements than one who will not. Ask when the attorney last tried a custody case and an equitable distribution case to judgment.

8

Is the attorney honest about your weaknesses?

A consultation that consists of agreement and reassurance is a sales pitch. A good attorney tells you what the other side will argue and where your case is exposed. If you leave the consultation having heard nothing you did not want to hear, be cautious.

9

What is the attorney’s approach to conflict?

You want an attorney whose temperament fits your case. A scorched-earth litigator is expensive and counterproductive in a case where you will co-parent for fifteen years; an attorney who avoids conflict is the wrong choice against an abusive or dishonest spouse. Ask how the attorney decides when to negotiate and when to fight.

10

Does the attorney have the resources your case needs?

A case with a business, a pension, hidden assets or a custody evaluation needs experts, and the attorney should have relationships with forensic accountants, business appraisers, custody evaluators and mediators who hold up in court. Ask who the attorney uses and how often.

How Divorce Attorneys Charge in North Carolina

Arrangement How it works Typical for
Hourly against a retainer You deposit a retainer into the firm’s trust account; many firms bill time against it monthly and ask for a replenishment when it runs low. We do it differently, as described below the table. Contested custody, support, equitable distribution
Flat fee One agreed price for a defined scope of work, paid up front. Uncontested absolute divorce, a simple separation agreement, a prenuptial agreement
Limited-scope representation The attorney handles a defined piece, such as one hearing or document review, under a written agreement, and you handle the rest. Clients who cannot afford full representation
Contingency fee Not permitted in North Carolina for divorce, alimony or custody matters. ,

How we bill. Twenty percent of your retainer is a general retainer, which is earned when paid and is not refundable. The other 80 percent is held in our trust account as a deposit, much like a security deposit on an apartment. We send a detailed invoice every two weeks and charge the credit card or bank account you provide, so you are never surprised by a large monthly bill. At the end of your case the deposit is refunded to you or, if you prefer, applied to your final bill. We offer financing through Affirm for retainers, subject to Affirm’s approval.

The consultation is one hour, billed at the attorney’s hourly rate; our attorneys’ rates range from $320 to $600 depending on experience and board certification. The retainer for a contested case depends on the claims involved and is quoted at the consultation. In custody, child support and alimony cases the court can order a spouse with greater means to pay some or all of the dependent spouse’s attorney fees; there is no fee-shifting in equitable distribution. See our consultation section for what the first meeting covers. For typical totals by type of case, see how much a divorce costs in North Carolina.

Warning Signs

  • A promised outcome. No attorney can guarantee custody, a support amount or a property split, and the State Bar prohibits promising one.
  • Legal advice over the phone from someone who is not an attorney.
  • Vague or shifting answers about fees, or no written fee agreement.
  • Pressure to sign at the consultation, or a discount for signing today.
  • Encouragement to withhold the children, empty accounts or otherwise act before anything is filed.
  • An attorney who speaks badly of every judge, opposing lawyer and former client.

Before Your Consultation

A consultation with us is a working meeting with an attorney, not a sales pitch. Our consultation guide explains what the first meeting covers, what to bring, what it costs and what happens next.

Read: Your Consultation: What to Expect →

Should You Represent Yourself? Ten Reasons Not To

We see self-represented parties in court every week. Some do well. Most do not, and the reasons are remarkably consistent. Here are the ten we would give a friend who asked whether to handle a custody, support or property case alone.

  1. It’s your family. A custody order decides where your children sleep and who makes decisions for them, often for years. An equitable distribution judgment divides everything you own. An alimony order can last a decade. There is no category of legal case where the outcome touches more of your life, and no category where a mistake is harder to undo, because permanent custody and property orders can be modified only on a substantial change in circumstances, or not at all.
  2. Your case is not a purple alien. Every client believes the facts of his or her case are unique. They rarely are. Judges have heard your story hundreds of times, and there is almost always a statute, a published appellate opinion or a local rule that governs exactly the point you think is novel. An experienced attorney knows which one and how your judge has applied it. A pro se litigant learns it, if at all, from the ruling.
  3. Courts are hard. Family court runs on the Rules of Civil Procedure, the Rules of Evidence, local rules for each judicial district, and calendaring practices that are not written down anywhere. A document you did not disclose in discovery may be excluded. Testimony that is hearsay is struck. A motion filed in the wrong form is not heard. The judge cannot help you and the other side’s lawyer will not.
  4. Experience is part of what you pay for. A family law attorney who has tried hundreds of cases before your judges knows how those judges rule on temporary custody, what they think of a particular expert, and what a realistic settlement range looks like. That judgment, not the paperwork, is most of the value of representation, and it cannot be found online.
  5. Pressure. You will be cross-examined by a trained advocate about the worst moments of your marriage while the person you are divorcing sits fifteen feet away. Attorneys are trained to stay analytical under that pressure; almost no one is when it is his or her own children and money on the line. An attorney also absorbs the day-to-day conflict so you do not have to communicate with your spouse’s lawyer directly.
  6. An attorney brings peace of mind. Clients tell us that the most valuable thing they receive is the ability to stop researching at midnight, to know that deadlines are being watched, and to have someone to call who knows the answer. That is worth a great deal during the most stressful year of most people’s lives.
  7. We know where to go. The right forensic accountant, business appraiser, custody evaluator, therapist, private investigator or mediator can change the outcome of a case. Attorneys who practice in your county have those relationships and know who holds up in court. Pro se litigants typically do not know these professionals exist until the other side calls one as a witness.
  8. We see what happens to pro se litigants on the other side. When we represent a client against a self-represented spouse, our job is to use every procedural and evidentiary rule to our client’s advantage, and the rules permit it. Requests for admission that go unanswered are deemed admitted. Discovery that is not answered draws sanctions. Exhibits that are not authenticated are excluded. It is not personal, and it is not fair in any everyday sense, but it is how the system works.
  9. Your spouse has one. If the other side is represented and you are not, the asymmetry is total. The attorney knows the judge, the rules and the deadlines; you know your side of the story. Courts are required to hold pro se parties to the same standards as attorneys. Judges try to be patient, but they cannot advocate for you.
  10. You’ll likely lose more money than you save. The most common false economy in family law is representing yourself to save fees and then losing an asset, a support award or a tax advantage worth many times what an attorney would have cost. A property division that misclassifies one retirement account, or a child support order calculated on the wrong worksheet, costs more over its life than most retainers. If you cannot afford full representation, ask about limited-scope representation for the hearing that matters most, or at minimum a consultation before you file anything.

Representing yourself is your right, and for a simple uncontested divorce with no property, no children and no support claim, it may be the sensible choice. For everything else, see our consultation section below and talk to a lawyer before you file.

Common Questions About Hiring a Divorce Attorney

Should I hire the first attorney I meet with?

Not necessarily. A consultation is legal advice you can use regardless of whom you hire, and meeting two attorneys is reasonable in a significant case. Do not, however, consult with an attorney simply to prevent your spouse from hiring him or her; the practice is ineffective and attorneys can tell.

How much does a divorce cost in North Carolina?

An uncontested absolute divorce with everything else already resolved can cost a few hundred dollars in attorney fees plus the $225 filing fee. A contested case with custody, support and property claims costs many times that, and the range is wide because it depends on how many claims are tried, whether experts are needed, and how reasonable the other side is. Your attorney should give you a budget for each claim before you commit to litigating it.

Can my spouse and I use the same attorney?

No. An attorney cannot represent both spouses in a divorce because their interests conflict, even when they agree on everything. One spouse may hire an attorney to draft a separation agreement, and the other should have it reviewed by independent counsel before signing.

Can I switch attorneys in the middle of my case?

Yes. You may discharge your attorney at any time; the new attorney files a substitution and obtains the file. Switching adds cost while the new attorney gets up to speed, so try to resolve concerns directly first, but do not stay with an attorney who has stopped communicating or whose judgment you no longer trust.

Will my spouse have to pay my attorney fees?

Possibly, in custody, child support, postseparation support and alimony claims, if you are the dependent spouse and lack the means to pay for the litigation. The court has discretion and fee awards rarely cover the whole bill. No fees are awarded in equitable distribution or absolute divorce.

Do I need a lawyer if we agree on everything?

You need at least a review. A separation agreement is a binding contract that waives rights permanently, and the most common consultation we hold is with someone who signed one without advice and wants to undo it. Having an attorney draft or review the agreement is inexpensive relative to what it settles.

Can I represent myself in a family law case?

Yes, you have the right to represent yourself, but family law cases often involve complex procedural and evidentiary rules that are easy to get wrong without training.

What are the biggest risks of going it alone?

Missing deadlines, failing to preserve objections, and not knowing how to present evidence effectively can all significantly affect the outcome of your case.

Is it too late to hire an attorney if my case is already underway?

Generally no. An attorney can often step in at various stages of a case, though earlier involvement typically gives more opportunity to shape the outcome.

What is limited-scope representation?

An arrangement in which an attorney handles a defined part of your case, such as drafting your pleadings, preparing you for a hearing, or appearing for one temporary hearing, while you handle the rest. North Carolina permits it with a written agreement. It is a realistic middle ground for people who cannot afford full representation.

Will the judge go easier on me because I do not have a lawyer?

No. North Carolina courts hold self-represented litigants to the same rules of procedure and evidence as attorneys. Judges are generally courteous, and some will explain what is happening, but they cannot give you legal advice or make arguments for you.

Can I hire an attorney just to review what I have prepared?

Yes. A consultation to review your pleadings, your financial affidavit or a proposed separation agreement before you sign or file is inexpensive relative to the cost of an error, and it is one of the most useful ways to use an hour of an attorney’s time.

Ready to Talk?

Schedule your consultation today and get real answers about your options.

Call (877) 351-1513