A lot of couples who decide to end their marriage may resolve divorce-related issues on their own. They may agree on who should get custody of the children, who gets the house, and how much to live on after the finality of the divorce. If you are in these situations, you may be wondering if you still need legal advice from a divorce attorney.
Those who try to handle their divorce without an attorney may be on friendly terms. However, the legal aspects of separation usually require expert guidance. Thus, you may need a lawyer to answer questions about related laws, paper the paperwork, and finalize your divorce in court.
Can You Hire One Attorney for You and Your Spouse?
No matter how amicable you want your divorce to be, you and your spouse are still opposing parties in a divorce case. Thus, it is not ethical for a divorce attorney to represent the two parties. If you hire an attorney for your divorce, this professional should offer legal guidance to you only. You can benefit from the following when you hire an attorney:
- Attorney-client privilege. The attorney who represents you in an uncontested divorce can prepare the petition, supervise the parenting plan, and submit paperwork to the court. But you can decide whether to include your spouse in meetings with your attorney or share advice or information.
- Strategy. While you may not want to gain an advantage, you can still benefit from the experience, knowledge, and guidance of your lawyer. Your attorney should protect your best interests and the advice they offer can result in a change of heart about asset division or child custody.
- Financial advice. Even if you and your spouse agree to part ways, this does not mean you agree on how to split your property. Your attorney will perform due diligence to discover all assets and establish ownership. They will identify any community property to which you have a claim.
When it comes to divorce, no two spouses can work with the same lawyer. Every spouse needs their own attorney to advise them. If your spouse hires an attorney and you do not, this means you have to navigate the law, custody arrangements, and finances by yourself.
Divorce Mediation for Both Spouses
Divorce mediation can work for spouses who are on good terms. It helps couples save on divorce costs. The mediation process is supervised by a neutral mediator, who can be an attorney or retired judge. The mediator will inform you and your spouse about how the law applies without taking sides. Mediation is a court requirement.