Can You Share an Attorney in a Divorce?
The great news is that you have remained on good terms with your ex-spouse. This means that you will easily get through the divorce without much stress. So some couples are so confident in their agreement that they have decided that they want to share a lawyer. There you have to stop for a moment and draw a line. Our advice, and that of many experts, is not to do this at all. Do not be afraid of a lawyer who would represent the other side, because that does not mean that a conflict is necessary.
Also, many are afraid of high prices, but you don’t have to worry much about that either, because there is a way to adjust to your budget. In any case, hiring your own lawyer has so many advantages and that is our definite recommendation. This may seem like a good idea if you want to reduce legal fees, but don’t consider this option. If you want to know why you shouldn’t share a lawyer with another party, keep reading.
Lawyer sharing is not a practice
Any reputable lawyer will agree with us that agreeing to represent both spouses is not ethical. It is a matter of professionalism and the willingness of lawyers to go against their own ethical views, and few will do that. So, this option also has an individual character. However, when a divorce goes to court, you certainly cannot choose a joint lawyer to represent clients with conflicting interests. It is very simple, you and your partner are conflicting parties in the eyes of the court. Your word and that of your spouse are not so important than, no matter how much you wanted to share one.
Conflict of interest
When we say that they are spouses of opposing interests, we do not mean their personal conflict. No matter how many people may agree on everything regarding divorce, they have different lawsuits. There are two situations in which this is permissible and this refers to the use of a mediator or hiring a lawyer for only one spouse (the other does not have one). We will agree that this is not practical for several reasons.
When it comes to the mediator option, you must be 100% sure that you have all the information about the property, settlement, etc. This also limits you to this option and you must not interfere with the mediator’s testimony in court. On the other hand, hiring only one attorney is a good option only if you do not have children, you have already passed mediation, you do not have joint property or debt, etc. Also, this means that he is maximally loyal only to the party that signed the contract with him, and that in the end, he will do what is best in his interest. This means that spouses are not equal and that one has an advantage. If you are on good terms with your spouse this is not a fair deal.
Is a lawyer necessary?
Of course, you don’t have to hire one just because the other party did it, but there are some consequences of this decision. So, you can lag behind him when it comes to your rights. In addition, if you are 100% sure that you can solve all legal issues on your own without help, then you do not need it. However, if you are not a legal expert, you are certainly not so familiar with all the points of the law. It is also an exception that the divorce is consensual on all points. This refers to its simplicity, absolute understanding of all legal rights and agreement with it, sense of comfort, etc.
It takes a lot more to make sure you don’t need help. Lastly, it is safest to have valid legal advice. Although intermediaries have helped many, they still cannot do a few things. For example, they are simply not able to protect the interests of both parties or give you legal advice. They will not warn you of some alarming situations that should alert you that something is not right, unlike a lawyer. He will certainly be able to inspect and spot potential danger. And especially when it comes to finances or guardianship. It is best to have ones who are experts in the field of family law, like KabirFamilyLaw because they now all legal loopholes you should avoid or take advantage of it.
Divorce is not simple
When it comes to legal issues related to property and all finances, the whole thing with divorce becomes more complicated. Anyone who has been through this process can confirm this to you. The tension is still too high, and then the chances of making the wrong decisions are much higher. Add to that other emotional details and you will realize that you cannot maximally control a situation that can be reversed at any time … However, you can influence all of this just like your spouse. So do not do what would cause side effects, and in order to act positively, you need to respect a few things.
What should you not do during the process?
Having a baby is a wonderful thing! However, this is not the smartest decision you can make, because it would have a very bad effect on your rights during the divorce. So, the beginning of pregnancy is not ideal in this period. The law differs when it comes to several states, but divorce can be problematic sometimes for single parents when it comes to financial issues … Also, don’t forget about taxes. Most people with children get a house.
This may be a serious thing that always comes in handy, but it can also come with a mortgage, tax, and maintenance costs that you will not be able to afford. Think about it and the option to search for an investment portfolio of equal value. We understand that your goal is to complete this process as quickly as possible, but do not rush but think about your financial security. So be sure to get all the documents etc. That is why it is best to consult your lawyer about everything. He will guide you through all the important issues.
Everyone’s goal is to avoid unnecessary costs. However, money is not the most important thing. And divorce time is definitely the wrong timing to save. You don’t have to spend a lot of money during this process, but you do have to think about yourself and your rights. Do everything in your power to represent your interests in the right way, and who will do it better than a personal lawyer. It is great that you have a good relationship with your soon to be ex-spouse, but when it comes to the division of property and all other issues, you are alone.