Divorce is rarely an easy process, and matters become more difficult when you try to factor in the needs and desires of each person and any children you have together. Part of the difficulty that comes with going through divorce is also finding an attorney you can trust. Many couples wonder if they can use the same divorce attorney. If you question whether sharing a divorce attorney is legal or a good idea, you need to read this guide. You may rethink the prospect and realize why sharing a divorce attorney is simply not recommended in most situations.
Money is one of the biggest reasons why a couple initially considers the idea of sharing a divorce attorney. They may think that by sharing an attorney, they are reducing the bill by half. Additionally, many people think that hiring two attorneys means they must enter a hefty legal battle with their spouse. However, you will find that if you hire your own attorney that this does not have to be the case. Your attorney will not encourage you to fight for something you do not have a legal right to. If you are unwilling to hire an attorney, neutral-party mediation is the closest thing you can do to sharing an attorney. Keep in mind that the mediator plays a limited role in the process and does not represent your rights or best interests in court.
Let's
say that you and your spouse both agree to the divorce. No problem, right?
Wrong.
According
to the law, you and your spouse are opposing parties in a legal matter. If you
share an attorney, this would create a conflict of interest for him or her.
This is a major ethical dilemma for an attorney, and it would prevent him or
her from being able to represent both parties equally.
Additionally,
you can’t foresee many disagreements that arrive when you are going through the
divorce process. For example, your spouse could decide that they don't like the
estimated amount of alimony or child support they are asked to pay. One wrong
turn can make the entire ordeal feel much more contentious.
Simply because you choose to have your own legal representation in court does not mean the process has to get dirty or heated. Hiring an attorney simply means you want to protect your own rights. Additionally, hiring an attorney does not mean you can't still go to mediation to hash out some of the details surrounding your plans. Divorce mediation can facilitate calm, rational discussion about your desires and needs moving forward after the divorce.
The next step is to get in touch with your own divorce attorney. They will walk you through the initial steps of filing for divorce or representing your interests in family court. Even if you are only considering a separation, you should consult with an attorney — especially if you have children. You also need to come up with a list of your assets and liabilities to share with your attorney. They will then determine what property you may have rights to take with you when the marriage dissolves. Allan Brandon Tise, PLLC, Attorney at Law , understands the difficulty of finding a divorce attorney you trust during this difficult time. Call our office today to set up a consultation with one of our compassionate and understanding attorneys who can help you get through the process of divorce, from beginning to end.
Phone: 910-251-9614 | Email: brandon@tisefamilylaw.com | Address: 130 N Front St., Suite 201 Wilmington, NC 28401
Areas we serve: Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach, Hampstead, Burgaw, Surf City, Landfall, Porters Neck and Wrightsboro