What divorce attorneys actually handle — and why the complexity of a case is more in a client’s own hands than you might think.

When I tell people — even other lawyers — about some of the issues I have to handle as a divorce attorney and mediator, the reaction is often the same: “Why is that your problem?”
It’s a fair question. At first glance, the following might not seem like matters for a family law attorney:

1. The educational placement of an autistic child
2. The appraised value of a closely held business or undeveloped real estate
3. Two parents in a school parking lot, fighting over who is supposed to be picking up the children
4. Burst pipes in a rental property
5. Whether a child receives a vaccine or continues playing travel soccer
6. Whether a party can afford to retire, or whether the couple files a joint tax return

The Single Common Thread: Disagreement

When parties can’t agree on something that is relevant to a divorce case, it gets turned over to the attorneys and, ultimately, the court.
If a divorcing (or divorced) couple disagrees about a child’s school placement, a lawyer must become knowledgeable enough to advocate for a position before a judge. If they can’t agree on how to handle a leaking roof in a rental property, the attorney often steps in to preserve the asset’s value. If there’s no temporary parenting schedule in place and both parents show up at school, that’s a legal problem requiring legal intervention.
Conversely, when parties agree, the attorneys’ role often is simply to document that agreement and obtain court approval via submitted court order.
The scope of an attorney’s involvement (and the cost of a divorce case) is almost entirely a function of how much the parties disagree, and how hard each is willing to fight.

A Tale of Two Cases

Consider two couples. The first has a $20 million estate: private equity investments, real estate held in LLCs, two homes, and substantial retirement accounts. The second has a mortgaged home, about $200,000 in retirement and investments, two cars, and both parties have straightforward W-2 income.
Most people assume the wealthier couple’s case will always be longer and more expensive. But that is not necessarily true. If the first couple has a sophisticated advisory team — financial advisors, estate planners, accountants — the relevant financial information can often be assembled quickly. If the parties are aligned on how to divide their assets, experienced attorneys can advise on risks, conduct appropriate discovery and appraisals, and reach an agreement in a reasonable amount of time.
The second couple, however, has minor children. That changes everything. Parenting arrangements, child support, allocation of expenses for education, childcare, extracurriculars, and college savings all have to be addressed. And if there are complicating factors — addiction, abuse, mental health issues, or a child with special needs — the case becomes significantly more complex regardless of the size of the marital estate.

Why Cases Drag On

Clients often ask why their case is taking so long, or why it costs more than a friend’s or family member’s divorce. The answer is almost always the same: the parties just can’t agree.
This is not meant as a criticism.  Many disagreements are legitimate, and it is the professionals’ jobs to advocate vigorously when they are. But it is important for clients to understand that every contested issue carries a cost: in time, in legal fees, and often in emotional toll and reduced productivity at their job. The more issues the parties can resolve through direct negotiation or mediation, the more control they retain over the outcome — and their budget.

This article is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult with a family law attorney in your state.