There is no question that a divorce can cause a great deal of stress in your life. The emotional, physical and financial toll alone are enough to create a strain in anyone’s life. As a result, you may wonder if you and your soon to be ex spouse can use the same divorce lawyer to represent you both to lessen the burden. But here are some things to know.
Divorce can be overwhelming. With a number of different important decisions that need to be made including whether to hire a divorce lawyer, it might seem like a good idea if only expenses could be reduced by using one attorney who can represent both parties.
While this sounds like viable option, it’s actually not allowed. The reason is that it is considered a conflict of interest to the attorney. By law, attorneys are prohibited from taking clients with conflicts of interest.
This includes couples who are divorcing or separating.
Can a Divorce Lawyer Represent Both Parties?
“But what if we are in agreement,” you might ask. Even though you and your spouse may be amicable and agree on all terms of the divorce, an attorney is not able to represent both of you at the same time. The attorney can only represent one side or party in a lawsuit. Representing both husband and wife would be a conflict of interest.
A Lawyer can act as a Mediator
While a divorce attorney is not legally able to represent both parties, a single attorney can aid in the finalization of a divorce. The way that this is possible is through mediation.
Mediation is where a neutral third party helps divorcing couples come to agreeable terms in a divorce. This is an attractive option for some couples because there isn’t a need to go to court and you can save on attorney’s fees. Many times, lawyers can act as mediators. However, the mediating lawyer cannot and will not give legal advice.
So while a lawyer that is mediating cannot represent you, they could help if mediation is preferred. If either spouse decides to hire that lawyer prior, then that lawyer can no longer act as a mediator and would then be representing one party over the other.
Following are some of the things that a mediator can aid with between divorcing couples.
What a mediator can do:
- They can aid in helping you understand paperwork to fill out
- A mediator can also better inform you about the law
- They can facilitate discussions in a controlled environment
- Mediators can also communicate with the courts
- They can aid in conflict resolution related to child custody and division of assets or property
- As well as aid in settlement agreement drafting
The thing they cannot do is give legal advice. If you decide you want legal advice, it is highly recommended to work with an attorney to represent you in your divorce.
So while mediation may seem like a cost-friendly option in the beginning, without fully understanding your rights legally, you could potentially get an outcome that is unfavorable without being fully aware of the options a divorce lawyer could inform you of.
If I’m representing myself in my divorce, could I just ask an attorney for some help?
Sometimes people decide they don’t want to hire an attorney and would rather represent themselves – even when their spouse has hired an attorney. Let us just say that if your spouse has already hired counsel, it would be in your best interest to hire an attorney as well.
From time to time, divorcing couples do actually agree on everything and only one attorney is representing one spouse. That attorney will draft everything up and all you would do is sign to finalize the divorce. This is an option, but not recommended. In addition, the attorney is only going to be giving legal advice to the spouse that hired them. You would not be able to ask them for any legal advice, even if they are representing your spouse.
So while you may just want to get it over with and sign what your spouse’s attorney has prepared, you could potentially miss some of the fine print. By signing what the attorney has prepared says that you are agreeing to whatever is stated in the paperwork. No matter how nonthreatening you feel, that attorney is going to be looking out for the best interest of their client – not you.
By having an attorney of your own, you can have them review any documents for you prepared by your spouse’s attorney. They can also give you legal advice to help get you the most favorable outcome in your case.
Need a Divorce Lawyer in San Antonio?
If you are unsure whether you need a divorce attorney, it’s best to at least speak with one. We offer free consultations and have helped many people in San Antonio through their divorce, all while achieving positive outcomes.
To speak with one of our divorce lawyers, contact us today.
