Divorce is a difficult and financially draining time in anyone’s life. You may be tempted to try and use the same lawyer as your soon to be ex-spouse in order to save a bit of money.
While it could lift some financial burden, there are a lot of reasons why you shouldn’t do it. Many attorneys can’t or won’t do it due to a conflict of interest and you may need legal advice that your spouse’s divorce lawyer won’t be able to give you. Just to name a few.
These aren’t the only reasons why you should attempt to get your own attorney. To help you have as smooth of a divorce as possible, keep reading for the complete list.
1. Conflict of Interest
Many states prohibit attorney’s from representing clients that have conflicting interests. In the case of a divorce, that would count as a conflicting interest. Even if you and your spouse are in complete agreement to every term in the paperwork.
Regardless of if sharing a divorce lawyer is legal in your state or not, there are many attorneys who won’t do it because of ethical reasons.
2. Only One of You Has to Hire a Lawyer
Just because your spouse has hired a lawyer doesn’t mean that you have to. If the two of you are in complete agreement with everything and there aren’t any complications involved with your divorce then it’s perfectly fine for only one of you to have a lawyer.
The only thing is, you won’t be able to get legal advice from your spouse’s lawyer. You’ll also want your own attorney if things get complicated.
3. You May Need Legal Advice
The lawyer your spouse hires is loyal to them in the case. If you have any questions or don’t understand something in the paperwork they most likely aren’t going to explain it to you.
So even if you don’t think any complications will pop up in your divorce, you probably want to get your own lawyer.
4. Your Divorce is a Bit Complicated
If you have any sort of mild disagreement with your soon to be ex-spouse about visitation rights and child custody you’ll want to get your own lawyer. This will protect you in the event that things come to a head.
This is also the case if there are any complicated financial disagreements between the two of you.
5. Are There Instances When Sharing is Okay?
You and your spouse can go in together and get a lawyer for mediation reasons. They can help you both come to some agreement on how your property and debts will be divided and draw up the paperwork. No lawsuit needed.
Don’t Share a Divorce Lawyer with Your Spouse
While sharing a divorce lawyer with your spouse could save you a little bit of money, it may not be worth it in the end. If your case is even the slightest bit complicated or you think at some point you’ll need some legal advice, you need to hire your own. This is the best way to ensure the divorce goes smoothly.
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