ONE ATTORNEY OR TWO?
I recently answered an online inquiry regarding whether it was wise for a husband & wife to use the same attorney during a divorce. Other attorneys answered, generally stating that it was better that each spouse have their own attorney. While I believe that it is wise that anyone involved or anticipating any major legal question seek legal counsel, divorcing couples may use the services of a single attorney providing their case justifies it. I thought I'd share my thoughts with you.
Question: Is it wise for both husband and wife to use the same attorney when getting a divorce? My husband feels it would be best that we both go together and use the same attorney. We have two small girls, ages 2 and 4, and a house. Should I get my own attorney? I am looking for advise in this area?
My Response:
If the couple are able to communicate well with one another & if they are able to put the children's interest above their own, one attorney can HANDLE a Dissolution or a Non-Contested Divorce procedure. He will draft all the necessary legal documents with the assistance of the plaintiff spouse and file them with the court. HE CANNOT REPRESENT BOTH SPOUSES, only one.
The unrepresented spouse (Defendant) must be cautious. BLIND TRUST should not enter into the equation when dealing with a soon to be ex spouse. The decree, separation agreement, and shared parenting plan (if one is included) must be drafted carefully to protect your interests. Your future relationship with the plaintiff spouse, and the children, will be guided by these documents for many years. If you feel it necessary, verify the terms contained in these documents with independent counsel of your choice prior to the final hearing. Most cases I handle do not feel the need for verification, as they are kept informed throughout regarding all terms in their separation agreement.
A Dissolution usually involves only a single attorney. It has been my experience that only approximately 5% of applicants can successfully navigate a Dissolution, since they must agree upon ALL ISSUES in advance or the procedure fails & their case either is dismissed or must be converted to a divorce procedure. However, the majority of divorces in Southwest Ohio are Non-Contested ones, & one attorney may handle such a case quite well IF both spouses are cooperative & are fair. This reduces the attorney legal fees expense considerably. That is why I favor the non-contested divorce procedure. I'm not a proponent of mediation, except court sponsored when necessary, nor the Collaborative Divorce.
Choose your attorney wisely. A consultation with an attorney is essential to determine which procedure is best for you. Multiple consultations may be necessary before you find an attorney you are comfortable with. (See Choosing a Lawyer in my Blog)
Also see CHOOSING THE RIGHT LAWYER, by clicking the button below.
Question: Is it wise for both husband and wife to use the same attorney when getting a divorce? My husband feels it would be best that we both go together and use the same attorney. We have two small girls, ages 2 and 4, and a house. Should I get my own attorney? I am looking for advise in this area?
My Response:
If the couple are able to communicate well with one another & if they are able to put the children's interest above their own, one attorney can HANDLE a Dissolution or a Non-Contested Divorce procedure. He will draft all the necessary legal documents with the assistance of the plaintiff spouse and file them with the court. HE CANNOT REPRESENT BOTH SPOUSES, only one.
The unrepresented spouse (Defendant) must be cautious. BLIND TRUST should not enter into the equation when dealing with a soon to be ex spouse. The decree, separation agreement, and shared parenting plan (if one is included) must be drafted carefully to protect your interests. Your future relationship with the plaintiff spouse, and the children, will be guided by these documents for many years. If you feel it necessary, verify the terms contained in these documents with independent counsel of your choice prior to the final hearing. Most cases I handle do not feel the need for verification, as they are kept informed throughout regarding all terms in their separation agreement.
A Dissolution usually involves only a single attorney. It has been my experience that only approximately 5% of applicants can successfully navigate a Dissolution, since they must agree upon ALL ISSUES in advance or the procedure fails & their case either is dismissed or must be converted to a divorce procedure. However, the majority of divorces in Southwest Ohio are Non-Contested ones, & one attorney may handle such a case quite well IF both spouses are cooperative & are fair. This reduces the attorney legal fees expense considerably. That is why I favor the non-contested divorce procedure. I'm not a proponent of mediation, except court sponsored when necessary, nor the Collaborative Divorce.
Choose your attorney wisely. A consultation with an attorney is essential to determine which procedure is best for you. Multiple consultations may be necessary before you find an attorney you are comfortable with. (See Choosing a Lawyer in my Blog)
Also see CHOOSING THE RIGHT LAWYER, by clicking the button below.
Location to Serve You:
- Clients: Catalina Manufactured Home Park at 6501 Germantown Rd., Lot 41, Middletown, Ohio, 45042-1264, on State Route #4 [My Home - by appointment only] (Near the Land of Illusion Haunted Scream Park.)
- Phone: 513 423-8912
- Email: Monte K. Snyder, Attorney
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO BE A BRIEF OVERVIEW OF SOME OF THE LEGAL PROCESSES INVOLVED IN THE ISSUES ADDRESSED. ALL INFORMATION IS LIMITED TO OHIO. IT IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THOSE PROCESSES.