DIVORCE ATTORNEYS ARE DRAGGING OUT YOUR DIVORCE

I’m Tim Blankenship from Divorce661. In this article I tackle a question I hear all the time: why does it feel like divorce attorneys are trying to prolong your divorce? If you and your spouse are amicable, there’s often no reason a case should take years. Below I explain what drives delay, how common billing practices factor in, and—most importantly—what you can do to move your case along without getting drained financially.

Why it feels like attorneys drag out divorces

When a divorce turns into a multi-year slog, it’s frustrating and expensive. There are many reasons delays happen, but one recurring explanation I see is financial incentive. Lawyers who bill by the hour and require retainers can create a system where longer cases generate more fees. That dynamic can make clients feel like their attorney has a motive to keep things open-ended instead of pushing for a timely resolution.

The role of retainers and hourly billing

Standard billing practices play a huge role in how cases proceed. A typical pattern looks like this:

• A client gives a retainer—often several thousand dollars (for example, $5,000).
• The attorney bills hourly at a rate that might be in the $300–$500 per hour range (or more).
• Work is performed and billed against the retainer; when the retainer is exhausted, clients are asked to replenish it.

“When you give a retainer of $5,000 and their bill is $300 to $500 an hour, do you think you’re ever going to get any of that money back? No. They’re going to drag the case out as long as it takes until that money is gone.”

That quote reflects a common perception—and sometimes a reality—especially when goals and timelines aren’t set up front.

When an amicable divorce should be quick

If both spouses are cooperative, an uncontested or mediated divorce can often be finalized in a matter of months, not years. When both parties agree on division of assets, child custody, support, and other key issues, the court’s role is mainly to approve the agreement. There’s no reason to run endless discovery or wage protracted motions if nothing is contested.

How to protect yourself: practical steps

You don’t have to accept drawn-out litigation. Here are concrete tactics to prevent unnecessary delay and expense.

• Ask for a clear fee agreement: Get a written contract that states hourly rates, retainer amount, billing increments, and how often you’ll receive statements.
• Request a timeline: Ask your attorney to provide a realistic timeline for each phase and what triggers moving to the next step.
• Consider flat-fee or limited-scope representation: Flat fees or unbundled services (paying for specific tasks) can remove the incentive to bill more hours.
• Use mediation or collaborative law: These alternatives are designed to reach settlement faster and with less conflict.
• Stay engaged: Review invoices closely, ask for explanations of vague entries, and set limits for what you’ll approve.
• Communicate expectations with your spouse: If both sides want a quick end, put that preference in writing or through your attorneys so there’s no ambiguity.

Alternative paths that speed things up

If you’re looking to avoid prolonged litigation, consider these options:

• Uncontested divorce: When agreements are reached privately, you submit a settlement to the court for approval. This is usually the fastest route.
• Mediation: A neutral mediator helps you negotiate terms, often faster and cheaper than litigation.
• Collaborative law: Each spouse hires an attorney committed to settlement outside court; if talks fail, attorneys withdraw and litigation starts anew.
• DIY with limited attorney review: For straightforward cases, handle paperwork yourself and pay an attorney for a document check or limited advice.

Questions to ask any attorney you consider

1. Do you offer flat-fee options or limited-scope representation?
2. What is your hourly rate and billing increment (e.g., 6 or 15 minutes)?
3. How often will I receive invoices and detailed billing statements?
4. What timeline do you expect for settling a case like mine?
5. How do you handle communication and client approvals for major decisions or fees?

What to expect from the process

Even amicable divorces require certain steps: filing the petition, exchanging financial information, drafting settlement terms, and submitting documents to the court. But when both parties cooperate, these steps can be handled efficiently. If your attorney isn’t helping keep things moving, it’s reasonable to push back or look for counsel whose philosophy matches yours.

Conclusion

It’s understandable to suspect your attorney is prolonging your divorce for profit—especially when retainers and hourly rates are involved. But you have options. Ask for transparency, seek flat-fee or limited services, explore mediation or collaborative law, and keep a firm hand on timelines and bills. Your goal is a fair resolution, not an endless bill. If you want the process to be quick and clean, be proactive about how your case is handled and choose representation that shares that goal.

If you’d like more guidance on picking the right path for your situation, I’m Tim Blankenship from Divorce661—reach out to learn practical next steps tailored to your case.

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Can I Use One Attorney for an Uncontested Divorce in Los Angeles?

Short answer: technically yes, but in practice most attorneys will not represent both spouses in a divorce. When a divorce is truly amicable and straightforward, the idea of a single attorney handling paperwork and filing can sound efficient and cost effective. The reality, though, is that ethical rules and the need for independent advice usually steer people toward other options.

While you technically could use one attorney for an amicable divorce for both parties, generally most attorneys will not want to work with both parties because they usually are representing one not both and so they probably refer you to a service like mine.

Why most attorneys avoid representing both spouses

The main reason is conflict of interest. An attorney’s duty is to advocate for a client’s best interests. When one lawyer represents two people with potentially competing legal rights, it becomes difficult to provide zealous, independent representation to either party. Ethical guidelines in family law make dual representation risky unless the situation is extremely simple and both parties give informed, written consent.

Even in amicable cases, emotions or financial details can surface later. If a dispute arises after signing an agreement, questions about whether each party had fair and independent advice can undermine the agreement or create liability for the attorney.

When a single-attorney approach might work

• Truly uncontested matter: Both spouses agree on every major point: property division, debts, spousal support, and child-related issues if children are not involved.
• Minimal assets and debts: No businesses, pensions, or complex investments that require valuation and negotiation.
• No child custody issues: Custody and child support create additional legal duties where independent advocacy is usually necessary.
• Equal bargaining power: Neither spouse feels pressured, coerced, or disadvantaged by the other.
• Full and honest disclosure: Both parties are transparent about finances and circumstances.

When one attorney is not a good idea

• Child custody or visitation disputes because the court’s focus on the best interests of the child often requires separate representation or at least independent advice.
• Significant assets or business interests that require valuation or complex division.
• Potential spousal support where negotiating future financial obligations benefits from dedicated counsel.
• Power imbalances or past abuse where one party may be vulnerable to pressure.
• Unclear financial disclosure or suspicion that one party is hiding assets.

Alternatives to using one attorney

There are several practical, ethical ways to handle an amicable divorce without putting both parties under one lawyer’s representation.

• Mediation: A neutral mediator helps couples reach agreement and can prepare a settlement that each party then has reviewed by independent counsel.
• Collaborative divorce: Each spouse has their own attorney, but everyone agrees to resolve matters cooperatively without going to court.
• Limited-scope representation: One or both spouses hire attorneys for specific tasks only, such as document review or filing.
• Neutral attorney for paperwork: A neutral professional prepares forms and agreements but does not provide advocacy for either spouse. Independent legal advice is recommended.
• Flat-fee uncontested divorce services: Many attorneys and firms offer affordable, package-style services to handle filing and paperwork for uncomplicated cases.

Practical steps if you are considering a single-attorney route

1. Ask the attorney about their policy on representing both parties. Some will not do it at all; others will only in very narrow circumstances and with written consent.
2. Get everything in writing, including any conflict waivers, scope of representation, and confirmation that each party understands their rights.
3. Insist on full financial disclosure from both sides before signing any agreement.
4. Consider independent legal review where each spouse consults a separate lawyer to review the settlement before signing.
5. Choose an alternative process like mediation or limited-scope representation if there are any doubts about fairness or completeness.

Final takeaway

Using one attorney for an amicable, uncontested divorce is possible in very limited situations, but it is not common. Most family law attorneys will either decline to represent both parties or will recommend mediation or a neutral service to avoid conflicts of interest. Prioritize transparency, fairness, and independent advice to protect both parties and to create a durable, enforceable agreement.

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