Family Law Attorneys

Q: How long does a divorce take?

Uncontested divorces typically take 60 days to 6 months depending on the state’s mandatory waiting periods. Contested divorces routinely run 9–18 months, longer for high-asset cases or contested custody. Trial-track cases can run 2 years or more.

Q: Do I need grounds for divorce?

Every state allows no-fault divorce based on irreconcilable differences or irretrievable breakdown. Some states still recognize fault grounds (adultery, abandonment, cruelty) that can affect property division or alimony in a minority of jurisdictions. Some states (New York, North Carolina, Virginia, Louisiana) require a separation period before no-fault is available.

Q: How is property divided?

In community-property states (9 states), marital property is split 50/50 by default. In equitable-distribution states (the rest), property is divided fairly based on factors like length of marriage, each spouse’s contributions, earning capacity, and which parent has primary custody. Separate property (pre-marital, gifts, inheritances) typically stays with the original owner if not commingled.

Q: How is custody decided?

Every state applies a "best interests of the child" standard with state-specific factors (parent-child relationship, stability, parenting capacity, child’s preference at a certain age, history of abuse, etc.). Most states now favor some form of shared custody when both parents are fit. Custody disputes that reach trial often involve guardians ad litem or custody evaluators.

Q: How is child support calculated?

Every state has presumptive guidelines based on parental income, number of children, parenting time, and (in some states) health insurance and child-care costs. Most states use online calculators that produce a presumptive amount the judge will follow absent unusual circumstances.

Q: How much does a family-law attorney cost?

Hourly fees with a retainer — contingency fees are prohibited in family-law matters under ABA Model Rule 1.5(d) and every state’s equivalent rule. Uncontested divorces are sometimes available on flat-fee structures. Contested cases routinely run $10,000–$50,000+ in attorney fees; high-conflict cases can run six figures.

DearLegal connects you with experienced family law attorneys who handle divorce, child custody and visitation, child support, alimony and spousal support, prenuptial and postnuptial agreements, adoption, paternity, protective orders, and post-judgment modifications. We’ll match you with the right attorney near you — and someone who knows the judges and courts in your county.

How long does a divorce take?

Do I need grounds for divorce?

How is property divided?

How is custody decided?

How is child support calculated?

How much does a family-law attorney cost?

Why Do You Need a Family Law Attorney?

Family law decisions are some of the most permanent and personal you’ll ever make. Custody arrangements you agree to in the first ninety days often become the baseline for years. Property characterizations made in a hasty settlement can’t be unwound later. Support orders bind both parties for a defined period — and the wrong starting number compounds over time. Family law also runs on procedure more than most areas of law: residency requirements, waiting periods, mandatory disclosures, parenting classes, mediation requirements, and judge-specific local rules can dictate outcomes more than the facts. An experienced family-law attorney knows the procedures, the judges, and how to position the case from the beginning — which is the moment that matters most.

State Family Codes

Family law is governed entirely by state law. Each state has its own family code defining divorce grounds, residency requirements, property-division rules, custody factors, child-support guidelines, and alimony frameworks. Procedures vary significantly from state to state.

Community Property vs Equitable Distribution

Nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin — plus Alaska by election) use community property: marital assets and debts split 50/50. The rest use equitable distribution: a fair (not necessarily equal) division based on multiple factors.

No-Fault Divorce

Every state allows no-fault divorce (irreconcilable differences or similar grounds). Some states still allow fault grounds (adultery, abandonment, cruelty) that can affect property division or alimony in a minority of jurisdictions. Some states require a separation period of months or years before no-fault is available.

Child Support Guidelines

Federal law (42 U.S.C. § 667) requires every state to have presumptive child-support guidelines. Most use the income-shares model (CA, CO, FL, IL, NJ, NY, others); some use the percentage-of-obligor-income model (TX, AK, MS, WI); a few use the Melson formula (DE, HI, MT, WV).

UCCJEA and Interstate Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (adopted in every state plus DC) determines which state has jurisdiction over a custody dispute when parents live in different states. The "home state" of the child generally controls.

Typical Attorney Fee

Flat Fee

When Do You Need a Family Law Attorney?

Our network includes family law attorneys who handle every kind of case, including:

Types of Family Law Cases

From the moment you connect with a family law attorney, they go to work protecting your case. The most common matters we handle:

Moving out of the family home before a custody order is in place

Hiding or dissipating assets (which can result in adverse property division)

Posting about the case, the spouse, or the children on social media

Communicating directly with the other side through email or text instead of through counsel

Filing in the wrong state under UCCJEA jurisdictional rules

Missing residency or waiting-period requirements before filing

Signing settlement agreements without understanding the long-term financial implications

Moving out of the family home before a custody order is in place

Hiding or dissipating assets (which can result in adverse property division)

Posting about the case, the spouse, or the children on social media

Communicating directly with the other side through email or text instead of through counsel

Filing in the wrong state under UCCJEA jurisdictional rules

Missing residency or waiting-period requirements before filing

Signing settlement agreements without understanding the long-term financial implications

Common Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family-law attorneys work on hourly fees with retainers — contingency fees are prohibited in family-law matters under ABA Model Rule 1.5(d) and every state’s equivalent rule. Uncontested divorces are sometimes available on flat-fee structures. Contested cases routinely run $10,000–$50,000+ in attorney fees; high-conflict or high-asset cases can run six figures.

What Can Your Family Law Compensation Include?

Property Division

Marital property (community or equitable) divided between spouses. Includes real estate, retirement accounts (often via QDRO), business interests, vehicles, financial accounts, and personal property. Separate property generally stays with the original owner.

Spousal Support / Alimony

Temporary or long-term support paid by one spouse to the other. Duration and amount governed by state law — Massachusetts caps duration based on marriage length; Texas caps both amount and duration; California uses an extensive factor analysis.

Child Support

Calculated under state guidelines based on income, parenting time, and dependent expenses. Continues until the child reaches majority (18 or 19 in most states), with extensions for college in some states.

Custody and Parenting Time

Legal custody (decision-making) and physical custody (where the child lives) allocated under each state’s "best interests" framework. Most states now favor some form of shared custody when both parents are fit.

Attorney Fees

Some states allow fee-shifting where one party has substantially greater financial resources, or as a sanction for bad-faith conduct. Several states presume fees in domestic-violence cases.

Protective Orders

Civil protective orders prohibiting contact, requiring the abuser to vacate the home, awarding temporary custody and support, and providing other emergency relief. Renewable and enforceable as criminal contempt.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Family Law Attorneys

Why Do You Need a Family Law Attorney?

When Do You Need a Family Law Attorney?

Types of Family Law Cases

Common Family Law Mistakes

How Much Do Family Law Attorneys Cost?

What Can Your Family Law Compensation Include?

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