Should Divorcing Spouses Share an Attorney?
The question of whether both spouses may use the same attorney is more common than one may think. This might seem a good way to save money on what could otherwise be a substantial cost. However, sharing an attorney can create many problems. Bryan divorce attorneys can advise you on whether in your situation a shared attorney may be a viable option.
When a Couple Might Share an Attorney
Divorces have a way of becoming very contentious, even when both parties enter into a proceeding with the best of intentions. Sometimes divorcing spouses believe that they agree enough on the most important issues that using the same attorney makes financial sense. If an attorney agrees to work with both parties, it will likely only be under the following circumstances:
• They have put in writing the distribution of marital assets to which they have agreed. • They are fully aware of the potential problems inherent with sharing an attorney. • The decisions they have made regarding property distribution shows that they are informed and understand the ramifications involved.
Potential Problems with Sharing an Attorney
The most elemental problem with sharing an attorney is that almost invariably a conflict of interest will arise. The court process was designed with the notion that separate attorneys are to be used for the two sides. If the husband tells the attorney, for instance, that he wishes to keep his pension but wants half of his wife's, the wife is almost certain to disagree. How, then, could the attorney go forward representing both sides?
Another problem with a shared attorney is that one spouse may offer to do so, but while having clandestine motives. The spouse may believe that in doing this, he or she gains an advantage over the other party.
You should expect to have difficulty convincing a divorce lawyer to represent you and your spouse should you decide to divorce. Divorces often evoke considerable disagreement, even when this is unforeseen.
If You Need Help in a Divorce
It is in your best interests to have legal representation if you are divorcing. There is no substitute for knowledgeable and experienced Bryan divorce lawyers. Call Peterson Law Group today to arrange a consultation at 979-703-7014.