If you're dealing with divorce, you're likely looking for a good divorce attorney. Often, divorcing couples who have reached a consensus between themselves want to have one lawyer to avoid stirring up conflicts. You may also want to save money by having one legal consultant. However, lawyers are prohibited from representing both spouses in divorce proceedings.
Why Can't You Share an Attorney?
Divorce is technically a lawsuit. The party that files for divorce will be suing the other party, even if they file for an uncontested divorce. Therefore, you and your spouse will be on opposing sides during the proceedings.
If you hire a divorce attorney, they'll be tasked to represent your interests. There are many things to agree on during divorce, including child custody, alimony, and assets division. Therefore, a lawyer cannot represent your interests as well as those of your spouse. For example, if you get primary custody, your spouse cannot get it as well.
Do You Require a Divorce Attorney If Your Spouse Has One?
If your spouse has legal counsel, it's advisable to get a lawyer too. Your spouse's lawyer will only represent their interests, and they may work to your detriment. The attorney will also not risk malpractice by giving you legal guidance, especially in states where lawyers are prohibited from representing both parties.
While you aren't legally obligated to get an attorney when your spouse hires one, it will be smart to have your own legal guidance. Divorce proceedings often get technical and nasty, which is why you shouldn't go up against an experienced lawyer.
However, it's possible for represented and unrepresented parties to go through with a divorce. Such cases work for spouses who completed early meditation, have no to few assets, and have no children. If you and your spouse concur on all matters, you can have a lawyer draft the paperwork if you don't want to draw it yourselves.
Can You Share a Divorce Mediator?
If you and your spouse desire to get legal assistance from one party, you can consider divorce mediation. In this case, you'll have a neutral mediator that will educate both of you on your legal rights.
During mediation, both parties will agree on the division of debts, assets, child custody, support, and visitation. Mediation is only an option if there's no history of hidden assets and drug abuse. The mediator cannot represent either of you or take sides. However, you can consult an external divorce lawyer for a specific legal issue. It's also fitting to have an attorney look over the final agreement before signing.
Contact a local divorce lawyer if you have more questions.
