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 what to expect when you hire us.
What Happens When You Hire Us
Most divorce attorneys and family law attorneys in North Carolina require a consultation first. Here’s how ours works, step by step.
Schedule a Consultation
Call us and schedule a consultation. Consultations are billed at the attorney’s hourly rate, and we don’t put a limit on your time like some firms that cap consultations at 20 minutes. We’ll talk with you for as long as it takes to fully understand your case and discuss your options for moving forward. Think of a consultation as an appointment at your doctor’s office to get a physical, it’s designed to let you decide if the attorney is a good fit for your case and to get real legal advice about how to move forward.
Complete Some Paperwork
You’ll fill out some paperwork, so we appreciate it if you arrive about 10 minutes early or complete it in advance. We’ll also run a “conflicts check” through our system to make sure we haven’t already been retained by your spouse.
Meet With Your Attorney
Meet with one of our experienced NC divorce attorneys (also called family law attorneys). You’ll be asked a lot of questions during the consultation, and we’ll listen closely, this helps us determine the best possible path forward for your case and the options available to you.
Take Home Your “Homework”
You’ll leave our office with some paperwork we’ll need in order to move forward with your case once you decide to retain us. You don’t have to decide during the consultation. Along with your “homework,” we’ll provide our contract for services. When you’re ready to retain us, bring back your completed homework, signed contract, and payment for our legal services.
We Begin Representing You
Once you retain our services, your divorce attorney begins representing you in your case. You can stop worrying about the details and let your attorney do the worrying for you. To retain us, you’ll need to pay the quoted fee and sign the contract.
You are important to us from your first visit until your last.
What You Can Expect From Us
A Friendly Voice
Each time you call our office, you’ll be greeted by a friendly voice who will try to answer your questions. If there’s something our paralegal can’t answer, paralegals aren’t allowed to answer legal questions, she’ll get an answer from your attorney as soon as possible and call you back.
A Comfortable Space
We do our best to make you feel comfortable when you come into our office, from a freshly-made cup of coffee or hot chocolate for your kids, to bigger things like not keeping you waiting in the lobby for more than 15 minutes.
Available Attorneys
You’ll be given your attorney’s direct email address so you can reach out about your case anytime. Our attorneys are frequently in court, so they usually return calls early in the morning or late afternoon, and they have mobile access to email to respond while at the courthouse.
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.
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.
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.
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.
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 offer flat fees for uncontested divorces or separation agreements. 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.
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.
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.
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.
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.
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.
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; the firm bills time against it monthly and asks for a replenishment when it runs low. Unused funds are refunded at the end. | 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. | , |
The consultation fee is the attorney’s hourly rate for one hour. 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 FAQ for what the first meeting covers.
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.
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.
Ready to Talk?
Schedule your consultation today and get real answers about your options.
