Many couples agree to divorce in principal but are afraid that if each of them gets a lawyer, the two lawyers will stir up trouble between the divorcing spouses, complicating what started as an amicable divorce. This fear is unfounded because the parties themselves are the individuals who set the tone, pace, and price of a divorce.

No matter the type of representation taken (no legal representation by either spouse, one spouse represented by an attorney while the other is not, or both spouses are represented by their own lawyers) resolution of a divorce depends on the parties understanding their rights and obligations during and after the divorce, including child support and child custody, obligations which universally continue post-divorce.

Yes, One Attorney can Represent Both Parties

Finance-conscious couples see a cost savings in having one lawyer represent them both in a divorce action. These couples may have been married before, oftentimes do not have children or significant assets to divide, are already versed in their rights and obligations, and agree to almost all of the terms of their divorce. In this type of example, the lawyer draws up the papers, makes court appearances when necessary, and explains divorce laws to both spouses. This arrangement works until a conflict arises.

By definition, spouses have competing interests in a divorce and a single divorce attorney can not represent both competing interests at the same time. When one spouse asks the lawyer representing both parties to minimize a fact, such as that the wife got a raise at work, the lawyer is required to share that information with the husband right away.

If a conflict arises, and one lawyer is representing both parties, the lawyer must recuse himself or herself and advise both parties, and possibly the court if the action is filed, that there is a conflict and that each party should hire his or her own attorney to resolve the conflict and proceed with the divorce action. What started out as a great cost-saving idea can quickly spiral to additional and double costs to resolve a dispute and divorce.

More Complicated, Contentious Divorces, With Children and High-Value Assets Require an Attorney

The rule of thumb is that if your spouse hires a divorce lawyer, so should you. It is in your interest to hire an attorney to represent you. If you can not afford an attorney, a divorce lawyer can request in court that your spouse pay for your lawyer. A divorce lawyer can also ask the court to maintain the status quo during the pendency of the divorce, so that bills get paid, especially if one of the spouses moves out of the marital home.

In Need of a Skilled and Professional Hackensack, New Jersey Divorce Attorney?

Ask a family law lawyer in Hackensack New Jersey today about commencing an action for divorce. We can help with family law, elder law, and estate planning needs in Hackensack, New Jersey, as well as child custody, child support, spousal support, divorce, Medicaid planning, special needs, probate, and veterans’ aid. To request a consultation with a family law lawyer in Hackensack, New Jersey, click here or call (201) 690-1642 today

For more information, please visit https://girolaw.com/ask-an-estate-planning-lawyer-in-paramus-nj-retirement-plans-under-tax-2-0/
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