What If I Can’t Afford a Divorce Attorney?

Divorce is hard. It’s stressful, it’s emotionally draining, and it can be expensive. A lot of divorce attorneys ask for an initial retainer somewhere between $2,000 and $20,000, and their hourly rates often run from $300 to $950. On top of ending your marriage, dividing your assets, and raising your children as coparents, the cost of the whole thing can turn into its own source of anxiety. So what if I can’t afford a divorce attorney? What steps can you actually take?

Do I Need a Divorce Attorney?

Start by figuring out whether you really need one. Some people don’t. If you and your spouse are on good terms, you don’t have much in the way of assets, there’s no debt, and you have no children, you may be able to get through it without hiring anyone. That’s even more likely if the marriage was short.

Uncontested divorces, where both people agree on everything in the settlement, usually move faster because a judge doesn’t have to step in. So if you’ve looked at your situation and you’re fairly sure your spouse won’t fight most of the terms, an attorney may not be necessary. You might be able to file the paperwork at your local courthouse or go through an online divorce service.

But hold on a second. Chances are you didn’t go to law school, and you’ve probably never been divorced before. Before you start negotiating anything or splitting up what you own, get some objective feedback first. A good place to begin is a conversation with a divorce coach. Plenty of divorce coaches will speak with you for free in an initial consultation, and in that meeting you’ll cover the basics of your story, what your next steps might be, and what is and isn’t doable.

Finding a Good Divorce Attorney

If you can’t find a divorce coach who will speak with you for free, which is very unlikely (you need only google “divorce coach” and you’ll find pages of them), then set up time with a divorce attorney to hear how the law in your state would view your situation. Even if hiring an attorney to represent you is out of reach, we strongly encourage at least one consultation so you walk in with some knowledge and protection around the legal and financial issues. And if you reach the point of actually choosing someone, our guide on “How to Find a Good Divorce Attorney” walks you through what to look for.

It’s also worth knowing that hiring a divorce attorney can become necessary if you and your spouse can’t agree on terms and the divorce turns “contested.” The same goes for when your spouse has legal representation and you’re starting to feel unheard.

And remember, not being able to afford a private boutique divorce attorney on your own doesn’t mean you aren’t entitled to proper representation.

Exploring Affordable Legal Options During Divorce

Attorneys can be expensive, and there’s no need to feel ashamed if you can’t afford one right now. Sit down, budget your expenses, and work out what you could realistically set aside for future court costs. Once you have a clear picture of your finances, you can start weighing your options.

One option is disgorgement, where your spouse may be required to pay your attorney fees. Another is finding an attorney who can provide limited-scope representation on the major issues of your divorce, leaving the undisputed pieces for you to handle on your own without extra costs. You could also consider hiring a novice attorney with lower billing rates, or seeking assistance from Legal Aid, where your case might be handled at low cost or free. The point is that you are not alone, and even with limited financial means, there are avenues to secure adequate legal support during this challenging time.

Disgorgement: Can I Get My Spouse to Pay for My Attorney?

In some households, one spouse is the main earner, and you might worry that they could afford an expensive attorney, leaving you without sufficient means. This is where various Marriage Acts come in, including the Illinois Marriage and Dissolution of Marriage Act, which aim to “level the playing field” by letting one spouse request the other to cover some or all of their attorney’s fees. To explore this in your state, start with an initial consultation. Many attorneys offer that first meeting for free or at a reduced cost. During it, you can share your financial circumstances and ask about seeking disgorgement, or petitioning the court to have your spouse contribute to your attorney’s fees. If you want a fuller sense of what women often face in this process, “The Truth About Divorce for Women.” is worth reading.

Before moving forward, it’s crucial to discuss with the attorney the precise payments you’ll need to make and what responsibilities your spouse would have if you choose to hire them. The court will consider several factors when determining whether to order your spouse to cover your attorney’s fees, including both parties’ earning capacities, current income, and financial situation, as well as any property or assets each party possesses. Following this assessment, the court will decide whether you are genuinely unable to afford your fees and whether your spouse has the financial capacity to cover them.

Disgorgement may not be feasible for everyone, and it might not completely cover your attorney’s costs, but it is certainly worth exploring. And if it turns out not to suit your situation, there are still other ways to secure proper legal representation. Don’t lose hope. You will find a way to navigate through this challenging time.

Limited-Scope Representation

Another option worth considering is hiring an attorney solely to focus on the complex issues of your case. For instance, if you and your spouse agree on all terms except child custody or parenting time, you can tell potential attorneys that you’d like to engage them for limited-scope representation, specifically to address matters related to your children. If custody is where things are likely to get tense, “Child Support: Five Things Mothers Must Know.” covers a few things worth understanding before you start.

In this arrangement, you would handle any other issues that come up with your spouse, such as property division or maintenance, while your attorney concentrates on child-related matters. Keep in mind that most attorneys bill for every call or email, so be mindful of your communication to avoid unnecessary costs. When you do reach out, make sure it’s about something important and relevant to what they’re representing you for. Be responsive and give them all the information they ask for, but try not to contact them over trivial issues you don’t want to be billed for. It also helps to know what tends to come up, and “The 4 Biggest Legal Issues You Might Face in a Divorce” lays out the ones worth preparing for.

Some attorneys also offer a one-time fee service to review and edit legal documents you’ve drafted.

 If you prefer to research and learn how to draft some of the initial divorce documents yourself, you can do that and then have an attorney review them for you. Many courts provide templates for the essential documents needed to file your divorce and offer fee waivers if your income meets certain minimum levels. There are also websites and online databases that can help you prepare the forms and understand how the divorce process works. If the paperwork is the part that’s overwhelming you, “Getting Help with Your Mind-Numbing Divorce Forms” breaks it down.

By exploring these alternatives, you can tailor the legal representation to suit your specific needs and budget. Whether you focus an attorney on a couple of tricky issues or simply get professional guidance with your paperwork, these options can empower you to navigate the divorce process in a way that meets your demands.

Novice Attorney with Lower Rates

Another way to secure more affordable representation is to consider working with a newer attorney who charges less. Lawyers who have recently graduated from law school, or who worked at another firm and are now starting their own practice, are likely to charge less than attorneys with over 20 years of experience running their own law firms. Fewer years in the field doesn’t necessarily mean they can’t provide the representation you need. The key is to do thorough research and have a detailed conversation with the attorney so you can assess their trustworthiness and their knowledge in handling your case.

To get started, you can contact the American Bar Association (ABA) Referral Service in your state and explain your situation. Their role is to provide attorney referrals based on your specific needs and requirements.

Once you’re connected with a potential attorney, it’s important to discuss their billing rates and explore the possibility of an initial payment plan. Openly communicating about your financial circumstances and affordability is the best way to avoid any surprises about the cost of your case.

Taking these steps will improve your chances of finding a suitable attorney who can offer the assistance you need while accommodating your financial limitations. With careful consideration and research, you can find a capable attorney who aligns with your needs and represents your interests effectively.

Legal Aid

Finally, it’s essential to know that some states offer free or low-cost representation through Legal Aid for individuals involved in civil matters. Legal Aid organizations understand that not everyone has equal access to navigating the legal system, and their primary goal is to provide the right knowledge and guidance to advocate on your behalf. It’s important to recognize that Legal Aid attorneys have received the same education and possess similar qualifications as other attorneys. Despite their lower costs, they can still offer quality representation and act as your confidential advocate, always keeping your best interests in mind.

SAS Note: When contacting Legal Aid in your area, be prepared to share your annual income and that of your spouse’s to hear if Legal Aid can help you.

When working with a Legal Aid attorney, it’s crucial to communicate your needs openly and honestly. Take the time to determine whether they effectively represent your interests and are the advocate you want in your corner. Proper legal representation doesn’t always have to come at an exorbitant cost, and Legal Aid can be a valuable resource for anyone seeking affordable and competent legal support.

Conclusion

If you need to end your marriage, the cost of a divorce attorney should not be the one thing that holds you back. There are a variety of alternatives for those who cannot afford a divorce attorney. The first step is sitting down, determining whether you need a divorce attorney, and then finding your budget and researching your options. If your spouse is making significantly more than you, you may be entitled to have your spouse pay your attorney’s fees. Research attorneys in your area, or call the American Bar Referral Service to find an attorney who is confident in your case and can help you.

If you and your spouse only have a few contested issues, you can also consider hiring an attorney for limited-scope representation. This way you can handle the simpler areas of your divorce and allow an experienced attorney to handle the more complicated issues. And just because your attorney doesn’t come from an exclusive and prominent private law firm doesn’t mean they won’t make your case a priority. Consider hiring a novice attorney with lower rates or contacting Legal Aid in your city to find affordable representation. You have options, and don’t let the cost of an attorney stop you from beginning the life you deserve.

NOTES

Since 2012, SAS for Women has been entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward. SAS offers women six FREE months of email coaching, action plans, checklists, and support strategies for you, and your future. Join our tribe and stay connected.

 

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”