Can Couples Use The Same Brandon Divorce Lawyer?
Couples who are ending their marriage often consider using the same Brandon divorce lawyer throughout proceedings. This is especially true when a couple believes they have reached an agreement on their own and only need an attorney to draft the formal paperwork. In these scenarios, couples often think they can cut down on the costs of divorce by using the same lawyer.
In the majority of cases, two spouses cannot use the same lawyer when going through a divorce. However, if two spouses have reached an agreement on their own, they can use just one lawyer to draft the paperwork. Even in these situations, the attorney will only officially represent one party and so, they will only offer legal advice to that person. Below, our Brandon divorce attorney explains further.
Using the Same Lawyer Creates a Conflict of Interest
A divorce is technically a lawsuit and like any other legal proceeding, a lawyer for each side has a duty to represent their client’s best interests. When one lawyer represents two parties, it creates a conflict of interest because one attorney cannot represent the best interests of two people on opposing sides.
Even in uncontested divorce cases, the two parties are considered to be of opposing sides. An issue could easily arise that creates conflict between the two parties and for the attorney, this would create a conflict of interest. It can also pose an ethical issue for the lawyer, as it could place into question where their loyalties lie.
The Risks of Representing Yourself During Divorce
Many people choose to represent themselves during a divorce. In situations that are fairly simple, the spouses have agreed to all terms, there are few assets and debts to divide, and no children are involved, representing yourself may pose few or no problems. However, if your case is more complex with multiple marital assets and debts, you need spousal support, or you have children with your spouse, it is never recommended that you represent yourself during the divorce process.
If your spouse hires a lawyer to draft the paperwork, they will receive legal advice. When you represent yourself, you have no legal counsel to offer the same guidance and so, you could forfeit your rights and end up with a reduced settlement. A lawyer will advise on any potential settlement agreement to make sure it is fair and that it will have negative consequences for you in the years to come.
Call Our Divorce Attorney in Brandon Today
If you are thinking about ending your marriage, do not consider going through the process without the help of a Brandon divorce attorney. At Koether Law, P.A., our attorney has the expertise to advise you of your rights so you receive the full and fair settlement you are entitled to. Regardless of how straightforward you think your case may be, call us today at 813-347-8193 or reach out to us online to schedule a consultation and to obtain the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
