If you and your spouse are getting a divorce and think that you can handle things amicably, you may be thinking that there’s no need to hire two lawyers. Just hire one for the both of you and have them look over everything to make it all legal. This is rarely a good idea. You should each have your own lawyer looking out for you in a divorce. Our Morris County, NJ divorce lawyers can tell you why.
When Can a Couple Use the Same Lawyer For Divorce?
A couple might think that they can use the same lawyer for their divorce when they are on good terms and ready to get their divorce over quickly. This is not recommended though. A lawyer cannot always represent both of you to the best of their ability.
So when should a couple use the same lawyer for divorce? We would say never.
What Are Some Problems With Using the Same Lawyer?
When you hire a divorce lawyer, they are there to look out for your best interests. We’re tackling potentially contentious issues like child custody, alimony, and property division. Even if you and your spouse think that you can agree on everything and negotiate like adults, you are still likely to run into some problems.
When there’s conflict, that’s when your lawyer is supposed to help you fight for a fair outcome and look out for your best interests. When a lawyer represents both you and your spouse, how are they supposed to do that? It can seem like an impossible task and it probably is. You are far better off having someone who you know will advocate for you when negotiations get tough.
What About Mediation or Arbitration?
Some couples don’t end up going to court to solve their issues in divorce. Our lawyers can help you figure out if alternative dispute resolutions can work for you. Some good options include:
Mediation: You and your spouse work with a neutral mediator, often a lawyer, who helps you come to agreements on key issues in your divorce. It’s still a good idea to have a lawyer of your own who can look over any agreement before it’s signed though.
Arbitration: This functions a bit like litigation, but it’s streamlined, faster, and the decision is binding. It’s a good idea for both parties to have their own lawyers here.
Collaborative divorce: You and your spouse are willing to work together to come to solutions. That makes you a good option for a collaborative divorce, but you should still each have your own lawyer. This process will also involve other professionals, like financial planners.
Talk to Our Legal Team
So if you’re planning to get divorced, make sure that you have an experienced attorney looking out for you. Contact Townsend, Tomaio & Newmark to schedule your consultation with our team. We’ll be happy to help you fight for your best interests in this divorce.
