Getting divorced can be a traumatic experience and the process sometimes even has the potential to forever impact your life. It is also true that divorces can get expensive very quickly. It is common for divorcing spouses to consider using the same attorney to navigate the divorce process. While it is possible for both parties navigating a divorce to retain the services of the same attorney, it is rarely a wise idea to do so.
Consider the Possibility of Mediation
If finances are an issue, it might be a better idea to select mediation instead of litigation. The mediation process involves working with a third party to create a divorce agreement to dissolve the marriage. After the mediator helps former spouses reach an agreement, the mediator will submit a signed agreement to a court of law.
Mediation offers several advantages as compared to family law court which include being less expensive and often taking less of an emotional toll on the participants.
When a Divorce Lawyer Should Not be Shared
If a divorce will be taken to court, a professional and ethical family law attorney will not represent both parties. Even if you and your former spouse agree about how a divorce should occur, it is important to understand that you are still viewed as opposing parties by a court of law.
If your divorce has resulted in a lawsuit, you will need an attorney who is not also representing your former spouse.
Uncontested Divorce in Georgia
If you and a former spouse agree about all of the terms of a divorce, it is often possible to retain the assistance of one lawyer who can draft and file all of the appropriate documents. This lawyer is only able to ethically represent one of the parties, however. This arrangement and other important details should be mentioned in the attorney-client representation agreement.
Even in these situations, while it might be possible to proceed with only one attorney, it is often a better idea for each spouse to retain his or her own lawyer to review the documents once they are written.
Qualified Domestic Relations Orders
Occasionally, one party will hire a family law attorney who can create a Qualified Domestic Relations Order after a divorce. A Qualified Order is a court document that orders retirement benefits be divided among the divorcing individuals. These documents are referred to as “qualified” in reference to retirement accounts that will be divided in accordance with the order. Again, while it might be possible to retain only one attorney to write this document, it is a good idea for each divorcing individual to have his or her own attorney review the terms of the order.
Speak with an Experienced Divorce Lawyer Today
If you are navigating the divorce, it is a wise idea to quickly obtain the assistance of an experienced attorney. Contact Vayman & Teitelbaum P.C. to schedule a case evaluation. We understand just how challenging divorces can be and remain committed to fighting for the settlement that you deserve.