Divorcing couples often wonder if they can hire one attorney, to save cost, you know… Many a time, it is merely one of the parties trying to be sneaky.
If your spouse advised using one attorney, it should trigger your spidey senses. The reason is this – they could be trying to acquire an undue advantage.
An attorney cannot serve the best interest of two opposing parties, hence the need to have a lawyer who protects your best interest.
Your one and only!
A lot goes into divorce, and it’s rarely impossible to agree on everything.
Dividing the marital assets, child support, parental visitation, rights and duties of parents, and end of a marriage.
Your Ex’s Attorney Doesn’t Represent You
If your partner made you believe that one attorney is enough, probably to save legal fees, you shouldn’t take it.
If your spouse persists, there could be an interior motive that you must watch out for. At the end of the day, your spouse’s attorney will seek for the best interest of your spouse, not you.
Divorcing With Neutrality
The fact is you cannot go into the courtroom with two parties sharing one attorney. In a situation where you don’t want to rely on the court to settle your differences, you can use mediation to come up with a divorce agreement that favors both parties.
During mediation, you can hire one attorney who doesn’t represent either you or your spouse. Your family lawyer is the one to oversee the mediation while acting as a neutral party to help the couples come to a mutually beneficial conclusion.
The Responsibility of an Attorney-mediator
When it comes to meditation, your family lawyer is in charge of ensuring that all paperwork is complete and accurate. Also, your mediator will check the finances of both parties for full disclosure, easing tension and also drafting the final divorce settlement agreements. Other functions could surface, such as discussing the bone of contention of both parties.
It is worth noting that the attorney-mediator is working as a neutral party, and not technically for either spouse. However, in a case whereby both parties failed to agree to the mediation process, you will need an attorney different from your spouses.
If you’re currently in this situation, you need an expert attorney who understands the legal system. Through our guidance and counsel, you will be able to take the right action that protects your interest. Feel free to give us a call 718-815-4500, or perhaps fill our contact form.