July 22, 2024

Can You Use the Same Divorce Attorney as Your Partner?

2 min read

Going through the phases of divorce can be overwhelming. Just because your partner is working with a lawyer, doesn’t mean that you need to hire one too. There are many people who prefer to represent themselves while some people wonder if they can use the service of their spouse’s attorney. A divorce lawyer can’t represent both you and your spouse. But there are a few cases where you can work with a single lawyer.

  1. During mediation

After the issues have been settled by the couples like child custody and diving the debts, a Ken Phillips divorce lawyer can be hired for drafting a joint force agreement. This takes place in the mediation where a third party selected by the spouses can help the two parties to agree with the terms. Mediators assist the parties to fill up the necessary paperwork, seek the sources of conflict, and assist the parties to come up with agreements for the couples in conflicts. They also help in regulating the conversations. Mediators don’t offer legal advice. And if you need one, you need to hire someone to represent you.

  1. Who pays the filing fees?

The party who is filing for divorce is generally responsible for paying filing fees and other court expenses. Parties who are served with divorce papers don’t need to pay any divorce fees. But if your spouse is filing divorce on fault grounds, then you can file a countersuit. Filing divorce on fault grounds refer to the process where the filing spouse claims that the other spouse is responsible for the unsuccessful marriage. Filing a countersuit means you need to pay the filing fees.

  1. When should you hire a lawyer?

You should appoint a lawyer if you are your partner have children and cannot come up with a custody agreement or if there are some complicated finances involved. Your lawyer will do the necessary due diligences to gain a picture on your partner’s finances. You may also want to appoint a divorce lawyer if you are not able to comprehend the legal procedures or if you want to understand your rights better.

  1. You can also choose to represent yourself

When it comes to representing yourself while your partner is hiring a lawyer, just keep in mind that your partner’s attorney cannot give you any kind of legal advice. If you have any queries regarding the same, then you may need to hire your own lawyer.

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