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Can Two Spouses Use the Same Divorce Attorney?

Posted by Michael G. Butash | Nov 24, 2019 | 0 Comments

Most people imagine contested divorce scenarios where each spouse is trying to make a case in court for what they agree to be fair terms for compensation, while the other party wants what is best for them, and they have their own case of what they think is fair. Yet this is not how every divorce case goes, and in fact, some are even uncontested where both parties agree to the terms of their separation. In this instance, would it be a good idea for two partners to use the same divorce attorney? Balm residents should know that this type of thinking is not acceptable for a legal case.

Conflict of Interest in a Divorce

Some people might be under the impression that because each spouse already agrees that the separation terms are fair, then they should use the same lawyer, but two people using the same legal professional would be a conflict of interest for a divorce attorney. Balm residents might not be aware that even though they have come to an agreement, they are still considered opposing parties in the legal dispute, and therefore, cannot be represented by the same attorney. There would never really be a situation where two opposing parties will even have the same legal professional representing them.

Having a Legal professional as a Mediator

Even though a legal professional can not offer advice or representation to two opposing parties, one way that two spouses can get the same advice and guidance from a legal professional would be to hire a mediator for their case. A mediator is not specific, and it could be any legal professional, including a divorce attorney. Balm residents should consider this option if they have agreed to the terms and conditions of a divorce, and they would like to save money by not hiring legal representation in the event of a legal dispute. Mediation is a great option for a couple if they want to save time by avoiding a trial altogether. 

*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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