Without a doubt, going through a divorce is highly stressful for any couple. Anybody’s life would be strained enough by the emotional, physiological, and financial costs. So, one wants to lighten the burden, and you might wonder if you and your partner can hire the same divorce attorney to represent you both.
However, take note of the following information. Yes, divorce is a stressful process, and to reduce the stress, it can seem like a good idea to reduce the cost by hiring the same attorney, but it is not allowed. The primary reason is that the lawyer will have a conflict of interest. Legal professionals are not allowed to accept clients who have conflicts of interest. Divorcing or separating couples is included in this.
So, instead of hiring the same lawyer, to make the process easier, it is best to hire a lawyer that can help you tackle the matter with sincerity. So, if you are looking for a reliable Southlake Divorce Attorney, visit this site. Now, to move forward, below is everything you need to know about the legal representation of parties in a divorce.
Can You Hire One Lawyer To Represent Both Parties In Your Divorce?
No, you can hire one attorney; it is not permissible by law. The Bar Association’s Code of Ethics states that a divorce attorney is not permitted to represent two parties who are separated and getting a divorce since this creates a conflict of interest. Attorneys have to be loyal to their current clients.
It doesn’t matter if the separation is on good terms and is amicable, but when they are officially separating, the two parties are still viewed as being at odds. When dividing the assets, a situation could emerge where both parties would conflict. For example, there might be conflict about the spousal maintenance or both wanted the car. So, it becomes impossible for the lawyer to act in the best interest of both parties.
With the informed cooperation of all parties, attorneys from the same legal practice could occasionally represent the divorcing spouses. In other situations, a neutral attorney-mediator can assist spouses in coming to a compromise.
What Functions Do Attorneys Play In A Divorce?
The role of an attorney depends on the State where the couple files for a divorce. However,
In most cases, the role of lawyers is to negotiate the terms of the separation and offer legal support. Aside from that, in some areas, parties who wish to dissolve their marriage quickly through mediation frequently retain the services of family law professionals.
Also, your attorney will advise you on every step you need to take. They will advise you on how to separate amicably and with the least amount of genuine conflict. If kids are involved, a divorce lawyer will speak with both parties and offer advice on child custody arrangements. They also help you to take the best steps in caring for the kids after the legal separation.
How To Find The Best Law Firm
Whenever you require the services of a law firm, you do not want work that only promises but is not delivered. To achieve a successful outcome, it would be advisable to hire a divorce law firm that’ll be available 24/7. Here are a few factors to consider while picking a divorce lawyer.
- Experience of the attorney: You want a lawyer with some prior knowledge. You’ll feel more confident about the divorce procedure if you have someone with the correct combination of education and experience. Additionally, it guarantees that your attorney does not make errors that could endanger your interests.
- Legal representation: Do not go for a contract lawyer. Find a legal divorce office that provides you with a qualified individual for the position.
- Attorney fees: While you undoubtedly want the most extraordinary counsel possible, you must find a lawyer within your budget. To easily control the expenditures, you must confirm the charges in advance. When you meet with the attorney for the first time, ask about the expected cost of the divorce process. While hiring only one lawyer for you and your partner is less expensive, it creates a conflict of interest. Fortunately, you can locate reasonably priced divorce lawyers who will take your case through to the conclusion.
- Know What You Want: Although there is no correct or incorrect way you want your divorce case/hearing to proceed, your objectives must be manageable. It is crucial to be aware of what you want so you can hire a divorce lawyer to collaborate with you and develop a strategy to help you achieve your objectives as quickly as possible.
You should keep an eye out for traits like empathy, compassion, and knowledge in prospective or divorce lawyers. In addition to being the finest lawyer, a potential lawyer should have a robust legal plan for divorce processes, offer legal services, and be forthright, honest, and sympathetic during your preliminary interview.
Can A Divorce Attorney Mediate On Behalf Of Both Parties?
A mediator is an impartial practitioner who works with divorcing couples to assist them in coming to agreements on issues including alimony, child support and custody, property distribution, and more. In short, mediation can be used as an alternative to court action if two spouses cannot compromise on any or all divorce-related agreements.
Mediators who are also qualified lawyers are known as attorney-mediators. An attorney-mediator can impartially assist divorcing spouses in identifying concerns in their divorce, learning the laws, creating agreements, completing documentation, and drafting settlements. They can assist conflicting parties in resolving their differences and concluding agreements, but they cannot decide for spouses or guarantee that judgments are fair.
It’s normal to expect that hiring just one lawyer for your divorce will be less expensive and hassle-free. The representation of both sides by a single lawyer is not possible. It is unethical for an advocate to represent two parties in a legal case with competing interests. So, you do have to get separate lawyers, but ensure that you hire someone with some prior experience and helps you reach an amicable settlement.