You and your spouse see eye to eye on just about everything from dividing your property to raising your kids. You don’t want a long, expensive divorce or custody matter. If you already are in agreement, can you use the same attorney?
The answer is yes and no. Any attorney must advocate for his or her client. As such, it is difficult, if not impossible, for an attorney to serve two masters. What if the attorney knows that your spouse is entitled to a better deal? The attorney could not advise your spouse while still acting in your best interest.
That being said, sometimes the parties use the same lawyer, even though that lawyer is representing only one of you. The lawyer can advise the spouse they do represent, draw up the necessary paperwork and appear in court. The non-represented spouse should have their own attorney review any paperwork. After that, however, they can allow the spouse’s attorney to proceed.
Using one attorney works best if the parties have relatively equal power and knowledge in the relationship. If you stayed home with the kids while your spouse ran a business, using the same attorney may not be a good fit. You may not know enough about your marital assets to make an informed decision about the fairness of the proposed agreement.
If you agree on most parenting decisions such as religion and education, and you both see each other as good parents, just not as good spouses, using one attorney can be a cost effective way of ending a relationship amicably.
If you have questions about this or another child custody or domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
