can we have the same lawyer when we divorce

Even though you have made all of your agreements prior to approaching an attorney or prior to filing your petition to divorce, you are still not able to share the same lawyer throughout the course of the case. Why you can’t share the same attorney in a divorce At the very core of this issue is that a conflict of interest may arise.

Full Answer

Can a divorce lawyer represent both of you at the same time?

Representing both of you at the same time would be considered a conflict of interest for an attorney. Using a Lawyer as a Mediator While there is no situation where one divorce lawyer could represent both you and your spouse, a single attorney can help you finalize your divorce.

Do I need a lawyer to get a divorce?

If you and your partner have mutually agreed on terms, you may feel like there’s no need to hire a divorce lawyer. If your spouse has hired an attorney, they can fill out your settlement paperwork. You can sign this paperwork without legal representation. However, your spouse’s attorney cannot give you any legal advice.

Can I share an attorney in a divorce?

But, generally speaking, a "shared attorney" arrangement is simply not acceptable. Under virtually every state’s rules of professional conduct, divorce lawyers cannot represent both parties in a divorce.

Do you need a lawyer if you split up with your spouse?

If you and your spouse are in this typical scenario, it is obvious that you will each need your own lawyer, so that you get separate legal advice and representation. But what if your split is amicable?

Can a couple have the same lawyer?

If you and your spouse have come to the conclusion that a divorce is in your best interest, you may be wondering if both of you can be represented by the same attorney. While it may seem convenient to be represented by the same layer, the short answer is no, you can't both be represented by the same counsel.

Can married lawyers go against each other?

Under the ABA Model Rules of Professional Conduct, attorneys can't represent clients if they have a marital or familial relationship with opposing counsel unless they get informed consent in writing from their client.

Do opposing lawyers talk to each other?

Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.

Can my husband speak for me in court?

Importantly, the husband-wife privilege is available in both civil and criminal cases. Thus, if either you or your spouse is a defendant in a court case, the husband-wife privilege will prevent confidential communications from being used as evidence against you or your spouse.

What happens if a divorce is uncontested?

Even if your divorce is uncontested, meaning you and your spouse agree on all the important terms and conditions, you are still both technically on opposing sides of the courtroom.

Why won't the court want to testify?

In fact, most won’t and the court won’t want them to because that would create a new conflict of interest.

Can you go to court with one attorney?

You cannot go into court both sharing one attorney, but what if you don’t rely on the courtroom to settle your disagreements? If you decide to use mediation and come up with a divorce agreement in a conference room instead of a courtroom, you are looking at an entirely different legal situation than before. During mediation, you can use one attorney, but that lawyer isn’t representing you or your ex-spouse. Instead, the family lawyer overseeing your mediation acts as a neutral party that helps each but fights for neither.

What is the job of a divorce lawyer?

A lawyer's job at that point would be to review the mediated agreement to make sure decisions were well-informed; to make any final agreed revisions; to draft (or review the draft of) a divorce decree that incorporates those agreements; and to get the judge's signature on the decree.

What does a lawyer do for a spouse?

The lawyer representing the spouse has to act in the best interests of his or her client, and the lawyer will advise that spouse how to get the most for himself or herself. Disagreement is highly likely to arise, and when it happens, the other spouse invariably must get a lawyer too.

What happens if a divorce is mediated?

In a mediated divorce, the attorney may go through the mediator to convey information and offers to the unrepresented spouse. If there was no mediation and the attorney is charging only a flat fee, the lawyer may require the spouses to work out every detail of every issue by themselves.

How to get help with divorce?

A popular option for both spouses to get legal assistance from a divorce lawyer is mediation. In divorce mediation, an attorney-mediator can ethically assist both parties because the mediator acts as a "neutral". The attorney-mediator gives each spouse legal information and may even do legal analysis, but the mediator draws ...

What is the role of a mediator in divorce?

Often divorcing couples who believe they have worked out a deal between them want to use one lawyer to answer legal questions, draw up the paperwork, and finalize the divorce at the courthouse. Many are afraid that if each of them has a lawyer, the two lawyers will stir up unnecessary conflict or they will be too expensive.

What is a flat fee for divorce?

A lawyer who represents one client in an uncontested divorce or a simple divorce that has been through mediation, usually charges a flat fee (a set amount of money ) for minimal legal services. Those may include a meeting between the client and a paralegal to gather basic information and to draft a standard petition and decree that includes their agreements; a limited number of phone calls; a meeting with the lawyer to go over the final draft of the decree; and processing the decree and other papers at the courthouse.

What is the job of an attorney-mediator?

The attorney-mediator's job is to help the spouses identify issues, gather information about property and debts, develop options for settlement, and communicate and negotiate resolutions that work for both of them and their family.

Can one of us just hire one attorney?

Hiring an attorney can be quite expensive. And yes, if the situation and the finances can only afford one, one of the spouses can hire one attorney while the other will remain as unrepresented.

What Turner-Monahan Can Do For You

In such a case that one of the couples cannot afford an attorney for themself and are going through a no-contest divorce, Tyler-Monahan can instead provide one attorney who will be able to write the draft of the agreement.

Get a Free Divorce Consultation in Fortworth, Texas

Put all of your divorce worries in expert hands. Divorce Attorneys at Turner-Monahan can help provide you with the best legal advice on a no-contest divorce.

Who is Shulman Law Firm?

Shulman Law Firm is a Toronto-area firm of experienced Family Lawyers who can provide tailored, practical advice and effective representation in connection with separation and divorce, child custody and support, cohabitation and separation agreements, family mediation, and all other areas of Ontario Family Law. Contact us to set up a consultation.

Do you need a lawyer for divorce?

Most of the time, marriages break down under very acrimonious circumstances: the couple has difficulty even being in the same room together, let alone hammering out a deal and agreeing on how to move the matter towards a divorce. If you and your spouse are in this typical scenario, it is obvious that you will each need your own lawyer, so that you get separate legal advice and representation.

Can a lawyer act for both of you?

It may be tempting to ask a single lawyer to act for both of you, for example to draft a straightforward separation agreement, the terms of which you and your spouse have discussed and agreed to on your own. But reaching an agreement merely means you have compromised on specific issues – your respective rights, positions and legal interests remain diametrically opposed. And there is still ample potential for conflict on any matters you may have overlooked. The potential for conflict exists in connection with how the negotiated agreement is to be implemented; it is virtually guaranteed to arise if one of you later refuses to abide by the terms of the agreement you have reached.

Can an attorney give legal advice to both sides of a case?

An attorney cannot give legal advice to both sides of a case. This would be a conflict of interest. It is ethically possible for one attorney to handle the whole thing if the attorney (who is representing one party) is careful to never meet with or speak to the other party. The party that is being represented would merely take all of the papers home for the unrepresented party to sign.

Can a lawyer represent you in divorce?

No. A lawyer may only represent one of the parties in the divorce, even if it is uncontested. One of you may hire an attorney to prepare the paperwork; deliver the paperwork to the other spouse who will have the opportunity to either represent himself/herself or hire his/her own lawyer.

Can an attorney represent both parties in divorce?

Officially, no. The attorney can represent one party and the other would be pro se (representing himself). Representing both parties in a divorce is basically a conflict of interest, even if there's complete agreement.

What is mediation in divorce?

Mediation is a process in which a mutually chosen third party helps divorcing spouses agree to terms. It is often chosen to save couples the time and trouble of going through a trial. A lawyer may act as your mediator, provided they do not give legal advice.

What are the drawbacks of mediation?

Drafting a settlement agreement. The drawback of mediation is that if you use an attorney as your mediator, they cannot give you any legal advice. For legal representation, you would have to hire an independent lawyer. Being aware of your rights is essential during divorce proceedings.

Is divorce stressful?

A divorce can be an overwhelming time in your life. There are a lot of decisions to be made, and several important choices must be considered. It may seem smart to try and cut down on expenses as a way to limit your stress by having a divorce lawyer represent both parties.

Can you be a conflict of interest in a divorce?

This remains true regardless of whether you’ve agreed amicably to the terms of your divorce. Representing both of you at the same time would be considered a conflict of interest for an attorney.

Do divorce lawyers have to look out for their clients?

A good divorce lawyer will know what your rights throughout a divorce are, and will make sure they’re protected.

How to handle a divorce case?

You'll need to decide whether: you can handle your own divorce case through a do-it-yourself (DIY) method. you want to try mediation (with or without an attorney) to resolve disputed issues, or. you need to hire an attorney to represent you through settlement and/or in court. There are a few factors to consider when deciding which divorce path is ...

What to do when your spouse is lawyered up?

Once your spouse has lawyered up, you need to hire an experienced attorney, who can explain your rights and responsibilities, use specialized knowledge to advocate on your behalf, and obtain the best possible result for you and your family.

What is collaborative divorce?

With collaborative divorce, you and your spouse must both hire attorneys who are specially trained in collaborative law, and you have to commit to avoiding court. This process can be expensive, so it's important to do some research and learn all you can about collaborative divorce before you choose this path.

Why does a divorce take longer to resolve?

Fault cases typically take longer to resolve in court because you have to provide admissible evidence and prove to a judge the misconduct occurred and that it caused the divorce.

When does alimony end?

It ends when the divorce case is completed and a judge issues another alimony order. Long-term or permanent alimony is reserved for long-term marriages, where one spouse has the financial ability to pay, and the other spouse has a low or no earning capacity.

What happens if your parents can't agree on a divorce?

When parents can't agree on these issues, they will either have to go to mediation to try and come to an agreement or they will end up in court asking a judge to decide for them.

What is the difference between legal custody and physical custody?

When divorcing parents have children that are under 18, they will have to make decisions about child custody, both legal and physical. Legal custody refers to the right to make decisions about your child's health, education, and welfare, while physical custody refers to where the child will live and whether both parents will spend equal time with the child or one parent will be the primary parent.