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Smart Divorce Network > Divorce lawyers > Can the spouses use the same lawyer during their divorce?
Divorce lawyers

Can the spouses use the same lawyer during their divorce?

SDN Editor
By SDN Editor
Published June 21, 2020
Last updated: May 14, 2024
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6 Min Read
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You are aware of the fact that divorce involves a lot of money and being one of the important decisions of your life you cannot afford to go wrong with your consulting and preparation as it is the matter of paperwork and documentation. Well, in that case, you generally get the thought of hiring the same lawyer in order to save money. Whether it be family law lawyers or divorce lawyers you think about having the same. Nevertheless, the answer is a pretty clear NO, you cannot hire a mutual lawyer.

Contents
When you’re sure you want to get the divorce, then you can hire your own lawyer. Here are the reasons for not using the same lawyer for your divorce:Let’s understand the role of mediation with a neutral attorney:

First, to finalize your divorce, you’ll need to make decisions based on these five things:

  1. Don’t let anger force you to divorce,
  2. Share your desire to divorce someone you truly trust,
  3. Don’t give up on your marriage until you have done everything you can to fix your problems,
  4. Don’t get involved with anyone else,
  5. Don’t leave an unhappy relationship until you can comfortably take care of yourself.

When you’re sure you want to get the divorce, then you can hire your own lawyer. Here are the reasons for not using the same lawyer for your divorce:

  • The first is quite evident, whenever you hire an attorney you hire it for your work. The attorney is hired specifically to represent you in front of the jury and only for your beneficiary.
  • Professionally it is strictly prohibited for any attorney to take the case from both the parties no matter if they have mutual consent either, the attorney is not allowed at all to take it.
  • The ethics and rules do not all allow any professional to indulge with the clients of the same conflicting interest. As they cannot provide the legal advice as there is no vision for them to take it further in whose interest, and naturally they will prefer doing it for the one who might offer them an extra amount than the other.
  • However, if you and your spouse willingly agree on most of the aspects involved in your divorce you can opt for the mediation. Well, the mediation not necessarily needs to be an attorney. Rather than choosing two different attorneys, you can go for the mediator, however, consulting a mediator who is an attorney is recommendable. As his/her unbiased guidance can help you with the process of the agreeable divorce agreement.
  • Mediator services don’t involve judgment, so his/her work is to get your mutual grounds on paper which is much better than doing it by yourself. Choosing an attorney-mediator can help you out on legal grounds as they are familiar with all the paperwork and process to get a divorce through the agreeable divorce agreement.
  • But if you acquire much knowledge and detailing you need not hire a mediator all you can do is hire an attorney who can complete all your paperwork and you just need to sign the documents and let the attorney represent them in front of the jury, that sounds much easier now! and the attorney will just represent the points on behalf of the one who hired him/her.

Let’s understand the role of mediation with a neutral attorney:

  • They help out the spouses to understand the law.
  • They help out the spouses for all sorts of documentation such as filling out the forms and exchange financial disclosures.
  • They can also help you out to highlight the main issues for you to get the divorce.
  • They help out to generate the agreement with all the clauses and contract points that discussed with mutual consent.
  • They draft the settlement agreement and working on details.

Conclusion

Hiring a single attorney-mediator is a better option as the couple can save money related to the divorce process. But make sure you have the knowledge about all your legal rights, or it can turn out to be costly and unaffordable. Make sure you have all the required knowledge about the agreement you are going have through the mediator or else can lead you into trouble and you don’t want to end things on a bitter note. I wish you all the luck that prevails!

 

 

About Author: At The Law Offices of Kyle R. Puro Our attorney is considered amongst the  Long Beach Family Law Attorneys , with her prime focus areas being Family Law including Divorce, Child Custody and Paternity Modifications.  We highly passionate about her cases and understands her clients’ requirements with patience to come up with the most apt solution to embark on their journey to another chapter in their life.

SDN Editor
SDN Editor

SmartDivorceNetwork.com Thanks to all our contributors; Independent Writers, Journalists and Guest Gloggers for helping the site to became better with good an engaging content and for keeping our readers up to date with the most recent information about divorce.

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SmartDivorceNetwork.com Thanks to all our contributors; Independent Writers, Journalists and Guest Gloggers for helping the site to became better with good an engaging content and for keeping our readers up to date with the most recent information about divorce.
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