Can I change divorce attorneys in the middle of a case?

Divorce can be a thorny process. Emotions run high, priorities shift and what once felt like the right legal strategy — or the right attorney — may no longer feel like a good fit.

If you’re in this situation, you may be wondering: “Can I change divorce attorneys?”

 The short answer is yes. You have the right to change attorneys during a divorce. However, there are important considerations to keep in mind if you find yourself contemplating a change.

You are not required to continue working with a lawyer simply because you started the case with them or you signed an engagement agreement. However, you may remain responsible for fees already earned and costs already incurred under that agreement.

Reasons why someone might want to change divorce attorneys

There are several reasons someone might consider switching attorneys during a divorce, for example:

• Communication issues: You aren’t receiving timely updates or responses
• Differences over legal strategy: You and your lawyer disagree on how to approach key issues
• Lack of progress: Your case seems to have stalled without a clear explanation
• Personality conflicts: You feel unsupported or find that you frequently clash with your attorney
• Change in financial circumstances: You need a lawyer with a different rate or fee structure

Recognizing one of these (or other) issues doesn’t necessarily mean that you should immediately change attorneys. However, persistent problems that affect your confidence in the representation or are causing you unnecessary stress may warrant a closer look.

What to consider before changing divorce attorneys

Before making a switch, you’ll want to consider factors that may affect your case, including:

Timing

Switching attorneys shortly before a major hearing or trial can cause delays since your new lawyer will need time to review your case and get up to speed. If you attempt to switch attorneys to purposefully delay litigation, the Court may not allow it.

Repeated changes

Changing attorneys more than once may raise eyebrows and prompt prospective attorneys — and sometimes the court — to ask why the previous relationships ended. Be prepared to explain your concerns clearly and factually.

Additional costs

A new attorney will need time to review your case, which will increase your legal expenses. Be sure to discuss fees and billing expectations with your new attorney up front.

Case continuity

Your current lawyer knows your case history. Transitioning to a new attorney requires transferring files, communicating any pre-existing deadlines, and ensuring nothing falls through the cracks.

Court procedures

The process for substituting new counsel differs by jurisdiction. Depending on your jurisdiction, there may be different requirements, including filing paperwork with the Court. This is a routine process, but it must be handled correctly.

Should you speak with your current attorney first before changing divorce lawyers?

When weighing these considerations, it’s worth asking yourself whether your frustrations are minor or temporary, in which case it may be worth addressing concerns directly with your current lawyer before making a change.

For example, you might ask your attorney to clarify:

• The status of your case
• The strategy and anticipated next steps
• How often you should expect updates
• Who will respond to routine questions
• The expected legal costs moving forward

A direct conversation may resolve a communication or expectation issue. However, if the relationship has broken down beyond repair or your concerns continue, changing attorneys may be the better option.

How do you change divorce attorneys during a case?

While it depends on where your case is pending, if you decide to move forward with changing divorce lawyers, the process typically involves:

• Consulting with and, ideally, hiring a new attorney before terminating your current one (Avoiding gaps in representation is critical!)
• Preparing and filing any required paperwork
• Notifying your current lawyer in writing that you are ending the attorney-client relationship
• Transferring your case file to your new attorney

Your new lawyer can help coordinate these steps to ensure a smooth transition. (Here are 5 key things to expect from your divorce lawyer.)

Choosing whether to change divorce attorneys

Yes, you can generally change lawyers in the middle of a divorce. But it’s a decision that should be made carefully.

Choosing the right divorce attorney can make a meaningful difference in both the outcome of your case and your overall experience during a difficult time. If you’re considering a change, consulting with an experienced family law attorney can help you evaluate your options and determine the best path forward.

Katherine O’Rourke and Olivia Scott are family law attorneys at Tucker Family Law. If you’re considering changing attorneys during your divorce, our team can review the status of your case, discuss your concerns and help you understand what a transition may involve.