Most people going through an uncontested divorce want to know “Can a divorce lawyer represent both parties in a divorce?” Often, it might seem as if there won’t be any conflict of interest, especially since parties are on good terms and are ready to work together amicably. Unfortunately, divorce is more complicated than it may seem on the surface, and always a conflict of interest will arise.
Thus, no single lawyer can represent both spouses in a divorce. This example best illustrates the reason:
A wife and husband have decided to get a divorce and have agreed to the terms of the property division, child custody, child support obligations, and alimony. In their discussions, they have agreed that the wife will remain in their home and refinance it when she is able. No time limit is established for the refinance. The wife really wants the marital house; however, she can’t refinance now because of her poor credit score.
If one divorce lawyer was trying to represent both parties, in this case, they would be caught in an impossible dilemma. If the divorce attorney explained to the husband; for instance, that this deal would make it impossible for him to get financing for a new house, he may rethink the deal, angering the wife. If the lawyer advises the wife that if she goes through with this marital settlement agreement that she would become a real estate “partner” with her husband following the divorce and that he may change his mind about the deal, force the liquidation, and sale of the property, this would anger the wife.
That’s just one instance of how two spouses with differing interests trying to work with one divorce attorney are impossible and unethical.
Can a Colorado Springs Divorce Lawyer Represent Both Parties?
Even if you and your partner are amicable and agree on all terms of your divorce, a single attorney can’t represent both of you at the same time. The divorce attorney can only represent one spouse in the divorce process.
Learn More: Uncontested Divorce in Colorado
There are alternative legal options for spouses who are on good terms and want to reduce the cost of their divorce. Amicable divorce or mediation allows you and your spouse to work with one another to resolve your differences with the help of a neutral third party. Also, this may prevent your divorce case from needing to go to trial, again saving money and time. At Brighter Day℠ Law, our experienced Colorado Springs divorce lawyers can help you with divorce mediation. To schedule a no-cost initial consultation, contact our family law firm today at (719) 225-4443.
A Seasoned Family Law Attorney Can Act as a Mediator
With the help of a mediator, most family law matters can be resolved outside court. Couples can meet with a neutral mediator to resolve family law issues, such as child custody matters, child support, spousal maintenance, equitable distribution of assets, and all other divorce issues.
Because mediated divorce cases aren’t controlled by the family courts, you can come up with a creative solution that suits the needs of your family. Mediation is an economical legal option. That’s because it reduces most of the needless divorce costs associated with litigation.
How to Represent Your Divorce Case in Court?
Some couples might they can represent themselves in a divorce instead of hiring a family law lawyer. But there are many risks and challenges that come with self-representation. To determine whether you can represent yourself successfully, consider the following pros and cons.
Pros Of Self-Representation
The pros of self-representation are limited. Spouses often choose this option because they believe it can save them money. However, rarely do they save money. In fact, self-representation can cost more money, loss of marital assets, and loss of income. This can occur because those who represent themselves lack adequate knowledge of the legal process required by the El Paso County court.
If you opt for self-representation, you must learn the rules and laws that apply to your case, attend all court hearings, understand how to prepare and act in court, and ensure all your paperwork and written submissions are properly filled. This can be frustrating and tiring — especially when your legal paperwork is rejected by the judge because you didn’t follow the rules of court or the requirements under the law.
Cons Of Self-Representation
The cons of self-representation are more expensive than the list of pros. Here are the primary reasons you should seek professional representation:
- You may not meet all the technical requirements of your divorce case.
- If you don’t follow all the rules and the required court procedures, your case could be dismissed or your spouse may win their case against you.
- You must gain legal knowledge of any rules or laws that apply to your case.
- You have the responsibility to complete and submit all your paperwork.
- You must express your ideas and thoughts clearly and accurately and prove to the judge how your desired outcome is provided for under the law.
- You might have to go against an experienced attorney with more expertise than you should the other party choose to hire an attorney.
If you aren’t ready to take on the challenges and risks of self-representation, consider legal representation by an experienced divorce lawyer.
Related Content: What Questions To Ask Divorce Lawyers
Contact Our Experienced Family Lawyer in Colorado Springs Today for Legal Advice!
If you’re unsure whether you and your spouse need to separate divorce attorneys, it’s best to consult with an experienced family law lawyer about the matter. At Brighter Day℠ Law, we provide have helped thousands of couples in Colorado Springs through their divorce, all while achieving favorable outcomes.